The Nuclear Safeguards (EU Exit) Regulations 2019

Regulations 51 and 52

SCHEDULE 3 Consequential and supplementary amendments for Nuclear Safeguards Act 2000 and related legislation

PART 1

Nuclear Safeguards and Electricity (Finance) Act 1978

1.  The Nuclear Safeguards and Electricity (Finance) Act 1978 is amended as follows.

2.  In section 1—

(a) in sub-section (1), for “made on 6th September at Vienna between the United Kingdom, the European Economic Energy Community and the International Atomic Energy Agency” substitute “made on 7th June 2018 at Vienna between the United Kingdom and the International Atomic Energy Agency”;

(b) in sub-section (2), omit the words from the beginning to “1977, and”;

(c) in paragraph (a) of subsection (2), omit the words “(of which the Protocol attached thereto forms an integral part)”.

3.  In section 2(1)—

(a) in paragraph (a) for “articles 71 to 84” substitute “articles 69 to 82”;

(b) in paragraph (b) for “article 50” substitute “article 48”;

(c) in the words after paragraph (b) for “article 85 of the Safeguards Agreement” substitute “article 83 of the Safeguards Agreement”.

4.  In section 2(2)—

(a) in paragraph (a)—

(i) for “articles 5, 9(c) and 87” substitute “articles 4, 9(c) and 85”;

(ii) omit “and the provisions of the Protocol which forms part of the Safeguards Agreement”;

(b) in paragraph (b) for “where article 83 applies” substitute “where article 81 applies”.

5.  In section 2(7) for “article 92(2)” substitute “article 90”.

6.  In section 3(1)(b) for “article 76(d)” substitute “article 74(d)”.

Nuclear Safeguards Act 2000

7.  The Nuclear Safeguards Act 2000 is amended as follows.

8.  In section 1(1)—

(a) in the definition of “Additional Protocol” for “on 22nd September 1998 (Cm.4282)” substitute “on 7th June 2018”;

(b) in the definition of “Additional Protocol information” omit “, or the third or fourth paragraph of Annex III to,”;

(c) in the definition of “Agency inspector” for “Article 85 of the Safeguards Agreement” substitute “Article 83 of the Safeguards Agreement”;

(d) in the definition of “Safeguards Agreement” for “on 6th September 1976 between the United Kingdom, the European Atomic Energy Community and the Agency” substitute “on 7th June 2018 between the United Kingdom and the Agency”.

9.  In section 1(3) for “22nd September 1998” substitute “7th June 2018”.

The Nuclear Safeguards (Notification) Regulations 2004

10.  The Nuclear Safeguards (Notification) Regulations 2004 are amended as follows.

11.  In regulation 2, omit the definition of “the commencement date”.

12.  Omit regulation 3.

13.  In the Schedule—

(a) in the heading for Part I for “ACTIVITIES REFERRED TO IN REGULATIONS 3(1) AND 4(1)” substitute “ACTIVITIES REFERRED TO IN REGULATION 4(1)”; and

(b) in paragraph 1 for “The activities referred to in regulations 3(1) and 4(1) are” substitute “The activities referred to in regulation 4(1) are”.

PART 2 General consequential and supplementary amendments

Revocation of retained EU law

14.—(1) The following are revoked—

(2) Commission Regulation (EURATOM) 302/2005(1); and

(3) any Decision made by the Commission under—

(a) Article 6 of Regulation (EURATOM) 302/2005; or

(b) Articles 7 and 8 of Regulation (EURATOM) 3227/76(2)

which was directed to a person in the United Kingdom and in force on commencement day.

(1)

OJ L 54, 28.2.2005 p.1-71.

(2)

OJ L 363, 31.12.1976, p.1-57.