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

1.—(1) In this Schedule— U.K.

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M1 ;

“the 2005 Act” means the Fire (Scotland) Act 2005 M2 ;

“the 2005 Order” means the Regulatory Reform (Fire Safety) Order 2005;

“ELCI Agreement” means, in so far as it relates to the administration and enforcement of the Employers' Liability (Compulsory Insurance) Regulations 1998 in relation to employers who are required by regulation 5 of those Regulations to display a certificate of insurance at a place of business that is solely within a GB nuclear site, an authorised defence site or new nuclear build site, the agreement under section 13 of the 1974 Act between the HSE and the Secretary of State concerning the discharge of administrative and enforcement functions under the Employers' Liability (Compulsory Insurance) Act 1969;

“enforcement officer” means an enforcement officer appointed under section 61(3) of the 2005 Act;

“fire inspector” means an inspector appointed under article 26 of the 2005 Order;

“HSE nuclear health and safety inspector” means an inspector appointed by the HSE or any other enforcing authority under section 19 of the 1974 Act acting within the transferred health and safety field of responsibility;

“nuclear inspector” means an inspector appointed by, or on behalf of, the HSE or the Secretary of State so far as acting for the purpose of carrying into effect any relevant provision;

“nuclear security inspector” means an inspector appointed by, or on behalf of, the Secretary of State under section 19 of the 1974 Act as applied by regulation 23 of the 2003 Regulations to carry into effect any of the provisions of those Regulations;

“relevant provision” means—

(a)

any provision of sections 1, 3 to 6, 22 and 24A of the 1965 Act;

(b)

any provision of regulations which, by virtue of Part 1 of Schedule 1 to this Order, is to be treated as a provision of nuclear regulations on and after 1st April 2014;

(c)

sections 7 to 9 of the 1974 Act as they apply before 1st April 2014 in relation to any duty or requirement imposed by a provision within paragraph (a) or (b);

“restated provision” means any of the following provisions as it has effect on and after 1st April 2014—

(a)

a provision of the 1965 Act (as replaced (with or without modification) by virtue of Schedule 12 to the 2013 Act);

(b)

a provision of Part 3 of the 2013 Act so far as it corresponds (with or without modification) to a provision of Parts 1 and 4 of the 1974 Act;

“superseded provision” means any of the following provisions as it has effect immediately before 1st April 2014—

(a)

a provision of the 1965 Act that is to be replaced (with or without modification) by virtue of a provision of Schedule 12 to the 2013 Act;

(b)

a provision of Parts 1 and 4 of the 1974 Act so far as it corresponds (with or without modification) to any provision of Part 3 of the 2013 Act;

“transferor”, in relation to a transferred function, means the person by whom that function was exercisable immediately before 1st April 2014;

“transferred function” means any function which the Secretary of State or the HSE has immediately before 1st April 2014–

(a)

which, by virtue of any provision of Part 3 of the 2013 Act or this Order, is to become exercisable by the ONR on 1st April 2014; or

(b)

to the extent that it corresponds to a function which the ONR is to have on and after 1st April 2014 under a restated provision;

“transferred health and safety field of responsibility” means the field of responsibility (within the meaning of Part 1 of the 1974 Act) of any enforcing authority (within the meaning of that Part) so far as it becomes the ONR's field of responsibility on 1st April 2014 by virtue of Schedule 12 to the 2013 Act and Schedule 3 to this Order;

“United Kingdom person” has the meaning given in section 70 of the 2013 Act.

(2) In this Schedule “authorised defence site” and “new nuclear build site” have the meaning given in the Health and Safety (Enforcing Authority) Regulations 1998 (as amended by Schedule 3 to this Order).

(3) References in this Schedule to the transfer of a function are to its transfer by any provision of or made under Part 3 of the 2013 Act (including this Order) and include—

(a) references to its becoming exercisable by a person by virtue of any such provision;

(b) in the case of a function exercisable by any person immediately before 1st April 2014 which corresponds (to any extent, and with or without modification) to a function conferred on that or any other person by virtue of any provision of Part 3 of the 2013 Act (the “new function”), references to the new function's being conferred.

(4) In this Schedule references to things done include references to things omitted to be done.

Marginal Citations

M1 S.I. 1978/1039 (N.I. 9).

M2 2005 asp 5.