Atomic Energy Act 1946

Powers to obtain information and to inspect U.K.

4 Power to obtain information of materials, plant and processes. U.K.

(1) [F1 Subject to subsection (1A) ] the Minister may by notice in writing served upon any person require him to make such periodical and other returns, at such times and containing such particulars and accompanied by such plans, drawings and other documents as may be specified in the notice,—

(a) of any prescribed substance, specified in the notice, in his possession or under his control;

(b) of any minerals so specified in his possession or under his control or present in or on land owned or occupied by him, being minerals from which, in the opinion of the Minister, any of the prescribed substances can be obtained;

(c) of any plant in his possession or under his control designed or adapted for the production or use of atomic energy or research into matters connected therewith;

(d) of any contract entered into by him or any licence granted by or to him relating to the production or use of atomic energy or research into matters connected therewith;

(e) of any other information in his possession relating to any work carried out by him, or on his behalf or under his direction, in connection with the production or use of atomic energy or research into matters connected therewith.

[F2 ( 1A) No notice may be served under subsection (1) which imposes a requirement which could be imposed—

(a) by a notice served by the Office for Nuclear Regulation under section 97 of the Energy Act 2013 (power of ONR to obtain information), or

(b) by an authorised inspector under paragraph 15 of Schedule 8 to that Act (power of inspectors to require information and documents).]

(2) If any person—

(a) fails to comply with any notice served on him under this section; or

(b) knowingly or recklessly makes any untrue statement in any return made in pursuance of any such notice;

he shall be guilty of an offence under this Act.

Textual Amendments

F1 Words in s. 4(1) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 35(2); S.I. 2014/251, art. 4

F2 S. 4(1A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 35(3); S.I. 2014/251, art. 4

5 Power of entry and inspection. U.K.

(1) [F3 Subject to subsection (1A)] any person authorised by the Minister may, on producing, if so required, some duly authenticated document showing his authority, enter any premises where he has reasonable grounds for believing that work is being carried out for the purpose of or in connection with the production or use of atomic energy or research into matters connected therewith, or that any of the prescribed substances, or any minerals from which any such substance can be obtained, or any such plant as is mentioned in paragraph (c) of subsection (1) of the last foregoing section are situated, and may inspect the premises and any articles found therein.

The person carrying out the inspection may make copies of, or extracts from, any drawing, plan or other document found in the premises and, for the purpose of making such copies or extracts, may remove any such drawing, plan or other document and retain possession thereof for a period not exceeding seven days.

[F4 ( 1A) No authorisation to enter or inspect any premises may be given by the Minister to any person under subsection (1) if such authorisation could be given by the Office for Nuclear Regulation to an inspector under Part 1 of Schedule 8 to the Energy Act 2013 (appointment and powers of inspectors).]

(2) If any person wilfully obstructs any person exercising powers under this section, he shall be guilty of an offence under this Act.

Textual Amendments

F3 Words in s. 5(1) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 36(2); S.I. 2014/251, art. 4

F4 S. 5(1A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 36(3); S.I. 2014/251, art. 4