Energy Act 2013 (c. 32)

PART 3 U.K. Nuclear Regulation

[F1 CHAPTER 2A U.K. Nuclear safeguards

Textual Amendments

F1 Pt. 3 Ch. 2A inserted (26.10.2018) by Nuclear Safeguards Act 2018 (c. 15), ss. 1(2), 6(2); S.I. 2018/1079, reg. 2(a)

76A Nuclear safeguards regulations U.K.

(1) The Secretary of State may by regulations (“nuclear safeguards regulations”) make provision for the purpose of—

(a) ensuring that qualifying nuclear material, facilities or equipment are only available for use for civil activities (whether in the United Kingdom or elsewhere), or

(b) giving effect to provisions of a relevant international agreement.

(2) The regulations may, for example, make provision relating to—

(a) record-keeping or accounting;

(b) the provision or publication of information;

(c) inspection or monitoring;

(d) imports or exports;

(e) the design of qualifying nuclear facilities or equipment;

(f) the production, processing, use, handling, storage or disposal of qualifying nuclear material or equipment.

(3) The following apply in relation to nuclear safeguards regulations as they apply in relation to nuclear regulations—

• section 74(3) to (5) (nuclear regulations),

• section 75 (offences),

• section 76 (civil liability), and

• paragraphs 2 to 16 of Schedule 6 (examples of provision that may be made by nuclear regulations).

(4) Nothing in nuclear safeguards regulations applies in relation to anything done for defence purposes (within the meaning of section 70).

(5) The provision that may be made by nuclear safeguards regulations by virtue of section 113(7) includes provision modifying retained EU law (within the meaning of the European Union (Withdrawal) Act 2018).

(6) In this section—

• “civil activities” means—

  (a)

  production, processing or storage activities which are carried on for peaceful purposes;

  (b)

  electricity generation carried on for peaceful purposes;

  (c)

  decommissioning;

  (d)

  research and development carried on for peaceful purposes;

  (e)

  any other activity carried on for peaceful purposes;

• “equipment” has the meaning given by section 70(3);

• “qualifying nuclear equipment” means equipment designed or adapted for use in connection with qualifying nuclear material or a qualifying nuclear facility;

• “qualifying nuclear facility” means a facility (including associated buildings) in which qualifying nuclear material is produced, processed, used, handled, stored or disposed of;

• “qualifying nuclear material” means—

  (a)

  fissionable material specified in regulations under subsection (7),

  (b)

  source material in the form of—

  (i)

  uranium metal, alloy or compound, or

  (ii)

  thorium metal, alloy or compound, or

  (c)

  ore containing a substance from which a source material falling within paragraph (b) is capable of being derived.

(7) The Secretary of State may by regulations specify fissionable material for the purposes of the definition of “qualifying nuclear material”.

(8) Before making any regulations under this section, the Secretary of State must consult—

(a) the ONR, and

(b) such other persons (if any) as the Secretary of State considers it appropriate to consult.

(9) Subsection (8)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(ia).]