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

CHAPTER 3 U.K. Other transitionals in connection with primary legislation amended by or under the 2013 Act

Nuclear Installations Act 1965 U.K.

22.—(1) Any nuclear site licence, and any variation of that licence, in force immediately before 1st April 2014 has effect so far as is required for continuing its effect on or after that date as if granted or made by the relevant appropriate national authority and as if granted or made under section 1 of the 1965 Act as amended by virtue of Schedule 12 to 2013 Act.

(2) Any condition attaching to a nuclear site licence immediately before 1st April 2014 has effect on or after that date as if the condition was attached by the relevant appropriate national authority and as if it was attached under section 4 of the 1965 Act as amended by virtue of Schedule 12 to the 2013 Act.

(3) In this paragraph “appropriate national authority” has the meaning given in section 26 of the 1965 Act (as amended by paragraphs 16 and 26 of Schedule 12 to the 2013 Act).

23.—(1) Relevant expenses which are not transitional expenses remain repayable to the HSE on and after 1st April 2014 despite the amendments made to section 24A of the 1965 Act by virtue of Schedule 12 to the 2013 Act. U.K.

(2) Relevant expenses which are transitional expenses are repayable to the ONR.

(3) In this paragraph—

(a) “relevant expenses” means expenses repayable to the HSE, immediately before 1st April 2014, under section 24A(3) or (4) of the 1965 Act;

(b) relevant expenses are transitional expenses if—

(i) they are expenses to which section 24A of the 1965 Act applies and which are incurred by the HSE before 1st April 2014; and

(ii) an invoice relating to the period in which those expenses were incurred had not been sent or given before that date by the HSE to the person to whom the HSE considered those expenses to be attributable.

Health and Safety at Work etc. Act 1974 – civil liability U.K.

24.—(1) A breach of duty continues to be actionable on and after 1st April 2014 if—

(a) the duty breached was imposed by or under—

(i) the 2003 Regulations; or

(ii) the 2009 Regulations as they apply to the civil carriage of class 7 goods;

(b) the breach occurred before 1st October 2013; and

(c) the breach was actionable under section 47 of the 1974 Act immediately before 1st April 2014.

(2) Sub-paragraph (1) is without prejudice to any right of action or defence which otherwise exists or may be available.

(3) Any term of an agreement entered into before 1st April 2014 which purported to exclude or restrict any liability for such a breach continues to be void in relation to the breach mentioned in sub-paragraph (1).

Nuclear Safeguards Act 2000 U.K.

25.  The provisions of section 4 of the Nuclear Safeguards Act 2000 continue in full force and effect on and after 1st April 2014 to the extent that they relate to a warrant issued under that section before 1st April 2014 but where the warrant has not been executed before that date.

Environment and Safety Information Act 1988 U.K.

26.—(1) Nothing in the 2013 Act or this Order affects the duties placed on the HSE by the Environment and Safety Information Act 1988 (“ the 1988 Act”)—

(a) to make an entry in the register it is required to maintain under section 1 of that Act (“the HSE register”) for any relevant notice;

(b) to amend any such entry in accordance with section 3(3) or (4) of that Act;

(c) to keep any such entry in the register for the period specified in section 3(5) of that Act;

(d) by section 4 of that Act in relation to any notice to which sub-paragraph (3) applies.

(2) Nothing in the 2013 Act or this Order affects the right of appeal under section 4(3) of the 1988 Act of person affected by a relevant notice.

(3) Where as a result of any provision of this Order a relevant notice is to be treated for any purpose as a notice given by an ONR inspector under the 2013 Act or as a notice served by a health and safety inspector, the ONR must notify the HSE—

(a) where there is a right of appeal in connection with that notice, if no appeal is brought within the time limit for doing so,

(b) where an appeal has been brought in connection with that notice—

(i) when the appeal is finally disposed of, and

(ii) the outcome of the appeal,

(c) when the ONR is satisfied that the relevant notice has been complied with, or

(d) if that relevant notice is withdrawn or amended.

(4) The notice given by the ONR under sub-paragraph (3) must be given to the HSE before the expiry of the time limit specified in section 3 of the 1988 Act for making or amending the relevant entry in the HSE register.

(5) The HSE is to be treated as complying with the requirements of section 3(3) of the 1988 Act where it updates the relevant entry in the HSE register in consequence of a notification given by the ONR under sub-paragraph (3)(c).

(6) For the purposes of this paragraph “relevant notice” means a notice served, before 1st April 2014, by an inspector appointed under section 19 of the 1974 Act by the HSE—

(a) under section 21 of the 1974 Act in connection with a contravention of—

(i) any relevant provision;

(ii) any superseded provision; or

(iii) any of the relevant statutory provisions (within the meaning of Part 1 of the 1974 Act) which is within the transferred health and safety field of responsibility; or

(b) under section 22 of the 1974 Act in connection with any activities to which the provisions mentioned in paragraph (a) above applied.