The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014

Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

20.—(1) Section 28 (health and safety requirements) is amended as follows.

(2) In subsection (1)—

(a) for “relevant statutory provisions” substitute “relevant provisions”,

(b) omit “served under or by virtue of any of those provisions”.

(3) In subsection (3) for “Health and Safety Executive” substitute “safety regulator”.

(4) In subsection (4) for “Health and Safety Executive advise” substitute “safety regulator advises”.

(5) In subsection (5) for “they advise” substitute “the safety regulator advises”.

(6) For subsection (6) substitute—

“(6) In this section—

“improvement notice” means a notice served under section 21 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) or given under paragraph 3 of Schedule 8 to the Energy Act 2013 (“the 2013 Act”);

“prohibition notice” means a notice served under section 22 of the 1974 Act or given under paragraph 4 of Schedule 8 to the 2013 Act;

“the relevant provisions” means—

(a)

the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and

(b)

the relevant statutory provisions within the meaning of Part of the 2013 Act other than—

(i)

the provisions of the Nuclear Safeguards Act 2000; and

(ii)

any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes;”.

(7) In section 38(1) (interpretation) after the definition of “the principal Act” insert—

““the safety regulator” means—

(a)

in relation to land which is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation;

(b)

otherwise, the Health and Safety Executive.”.