The Nuclear Safeguards (Fees) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Prior to IP Completion Day, nuclear safeguards in the United Kingdom were regulated by the EURATOM treaty as amended by the Treaty of Lisbon, which was signed on 13th December 2007, and by Commission Regulation (EURATOM) 302/2005 (OJ L 54 28.2.2005 p1 – 71). With effect from IP Completion Day, the United Kingdom’s domestic provisions on nuclear safeguards are contained in the Energy Act 2013 (c. 32) (“the 2013 Act”), as amended by the Nuclear Safeguards Act 2018 (c. 15), the Nuclear Safeguards (EU Exit) Regulations 2019 (S.I. 2019/196) (“the Nuclear Safeguards Regulations”) and the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) (Regulations 2019 (S.I. 2019/195).

The Nuclear Safeguards Act 2000 (c. 5) (“the 2000 Act”), the Energy Act 2013 and the Nuclear Safeguards Regulations provide for the ONR to carry out various functions in relation to nuclear safeguards.

These Regulations come into force on 1st April 2022 and provide details of when and by whom fees are payable in relation to the functions performed by or on behalf of the ONR in connection with nuclear safeguards under or in connection with the 2000 Act, the Nuclear Safeguards Regulations and the 2013 Act on or after this date. Prior to this date, no fees have been charged for the work carried out by the ONR in relation to nuclear safeguards.

Regulation 3(1) of these Regulations requires an operator to pay a fee to the ONR when it performs a function listed in Schedule 1 to these Regulations.

Regulation 3(2) requires an operator to pay a fee to the ONR when it performs a function listed in Schedule 2 to these Regulations.

Regulation 3(3) requires an operator to pay a fee to the ONR where an inspector performs specified functions in connection with the 2000 Act, the Nuclear Safeguards Regulations or Part 3 of the 2013 Act.

In addition, regulation 3(4) requires an operator to pay a fee to the ONR when it performs a function in connection with nuclear safeguards in relation to monitoring and ensuring compliance with the 2000 Act, the Nuclear Safeguards Regulations and the 2013 Act not already covered by the other provisions of regulation 3.

Regulation 3(5) provides that no fee is payable where the performance of functions relates to a qualifying nuclear facility with limited operation (the term “qualifying nuclear facility with limited operation” is defined in regulation 2 of the Nuclear Safeguards Regulations).

Regulation 4 sets out that the fees required to be paid under regulation 3 must be reasonable and not exceed the costs of performing the function to which they relate. Regulation 4(3) sets out when the fee must be paid. The costs of criminal proceedings are excluded from the calculation of fees.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.