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

CHAPTER 4 U.K. Fees and expenses

Control of Major Accident Hazards Regulations 1999 U.K.

27.—(1) Despite Part 2 of this Schedule, any outstanding fee remains payable to the HSE in accordance with regulation 22 of the Control of Major Accident Hazards Regulations 1999 (“ the 1999 Regulations”) but as if the amendments made to that regulation by this Order had not come into force.

(2) For the purposes of this paragraph, “outstanding fee” means a fee which is payable to the HSE immediately before 1st April 2014 by operator of an establishment which is a nuclear establishment.

(3) For the purposes of this paragraph—

(a) “nuclear establishment” means an establishment which is, or is wholly or partly within—

(i) a GB nuclear site; or

(ii) a new nuclear build site.

(b) “operator” has the meaning given by the 1999 Regulations.

Nuclear Reactors (Environmental Impact for Decommissioning) Regulations 1999 U.K.

28.—(1) Any transitional expenses—

(a) are to be treated on and after 1st April 2014 as expenses of the ONR; and

(b) subject to sub-paragraph (2), the ONR shall require each licensee to repay the liability sum in accordance with regulation 15 of the 1999 Regulations.

(2) Where a licensee has made one or more relevant payments, the ONR may only require that licensee to repay so much of the relevant liability sum as exceeds the total amount of the relevant payments made by the licensee.

(3) Any relevant expenses which are not transitional expenses are recoverable by the HSE under regulation 15 of the 1999 Regulations as if the amendments to that regulation by Schedule 3 of this Order had not been made.

(4) Nothing in this paragraph affects the liability of the HSE to make a repayment to a licensee in accordance with regulation 15(5) of the 1999 Regulations in any case where any relevant payment or payments made by the licensee exceed the liability sum.

(5) In this paragraph—

(a) “the 1999 Regulations” means the Nuclear Reactors (Environmental Impact for Decommissioning) Regulations 1999;

(b) “liability sum” means, in relation to a licensee, so much of the transitional expenses as appeared to the HSE, immediately before 1st April 2014, to be attributable to that licensee in accordance with regulation 15(2)(a) of the 1999 Regulations;

(c) “relevant expenses” means expenses—

(i) incurred by the HSE immediately before 1st April 2014; and

(ii) to which regulation 15(1) of the 1999 Regulations applied immediately before that date;

(d) “relevant payment” means, in relation to a licensee, a payment made by the licensee under regulation 15(2)(b) of the 1999 Regulations before 1st April 2014;

(e) “transitional expenses” means any relevant expenses which, immediately before 1st April 2014, had not been invoiced to the licensees to whom HSE considered those expenses to be attributable.

Nuclear Industries Security (Fees) Regulations 2005 U.K.

29.—(1) Any relevant fees which are not transitional fees are payable to the Secretary of State despite the amendments made to the Nuclear Industries Security (Fees) Regulations 2005 (“ the 2005 Regulations”) by Schedule 3 to this Order.

(2) Any relevant fees which are transitional fees—

(a) are payable to the ONR; and

(b) are payable within 30 days from the date of the invoice sent or given by the ONR to the person who is required to pay those fees.

(3) Any transitional fees may be apportioned by the ONR between different persons for a function performed by the Secretary of State or an inspector (as the case may be) where such function is reasonably attributable to those different persons.

(4) The invoice sent or given by the ONR under sub-paragraph (2)(b) must include a statement of the functions performed by the Secretary of State during the final quarter of the financial year ending on 31st March 2014 for which fees were payable and the costs incurred in that quarter in performing those functions.

(5) For the purposes of this paragraph—

(a) “relevant fees” means the fees payable to the Secretary of State under the 2005 Regulations immediately before 1st April 2014 in accordance with regulations 3 and 4 of those Regulations;

(b) relevant fees are transitional fees if they relate to costs incurred by the Secretary of State in the final quarter of the financial year ending on 31st March 2014 in performing the functions for which the fees are payable.

Health and Safety (Fees) Regulations 2012 U.K.

30.  Paragraphs 31 and 32 make transitional provisions and savings in connection with the Health and Safety (Fees) Regulations 2012 (“ the 2012 Regulations”).

31.—(1) A relevant fee which is not a transitional fee remains payable to the HSE on and after 1st April 2014 despite the amendments made to the 2012 Regulations by Schedule 3 to this Order. U.K.

(2) A relevant fee which is a transitional fee is—

(a) payable to the ONR; and

(b) payable within 30 days from the invoice sent or given by the ONR to the person who is required to pay those fees.

(3) The invoice sent by the ONR under sub-paragraph (2)(b) must include a statement of—

(a) the period to which the invoice relates;

(b) the work done by the HSE during that period; and

(c) the costs incurred by the HSE during that period.

(4) In this paragraph—

(a) “relevant fee” means a fee payable to the HSE, immediately before 1st April 2014, under regulation 16(1), (2) or (3) of the 2012 Regulations in accordance with regulations 12, 16 and 17 of those Regulations;

(b) a relevant fee is a transitional fee if—

(i) it relates to costs reasonably incurred by the HSE for the performance of a function or carrying out of work (as the case may be) before 1st April 2014; and

(ii) an invoice relating to the period in which those costs were incurred had not been sent or given, before that date, by the HSE to the person liable to pay the fee.

32.—(1) Despite Part 2 of this Schedule, any outstanding fee remains payable to the HSE in accordance with the provisions of the 2012 Regulations but as if the amendments made to those Regulations by this Order had not come into force U.K.

(2) For the purposes of this paragraph, “outstanding fee” means a fee—

(a) which was payable to the HSE, immediately before 1st April 2014, under any provision of the 2012 Regulations other than regulation 16 of those Regulations; and

(b) relates to work done before 1st April 2014 in the performance of a transferred function by or on behalf of the HSE.