The Nuclear Generating Stations (Security) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose certain requirements with respect to the security of generating stations which are nuclear installations requiring a licence under section 1 of the Nuclear Installations Act 1965 (“the 1965 Act”), and of laboratories which are such nuclear installations, and which are used for the examination of irradiated nuclear fuel by, or on behalf of, the operator of such a generating station for purposes connected with operating it. The Regulations cease to apply to such generating stations and laboratories when there ceases to be either any nuclear fuel kept on the site or any proposal to keep nuclear fuel on the site. They cease to apply in relation to any particular operator of a generating station or laboratory when that operator’s “period of responsibility” under the 1965 Act comes to an end (i.e. when the operator ceases to be subject to a duty under section 7(1) of the 1965 Act in respect of the consequences of any possible occurrence on the site); but they do not cease to apply merely by virtue of the surrender or revocation of a nuclear site licence.

Regulation 3 requires the operator to submit a security plan in respect of the site for the approval of the Secretary of State, and to make such amendments to that security plan as may be required in order to enable such approval to be given. Regulation 4(1) requires the operator to ensure that, at all times while any nuclear fuel is on the site, the site is subject to a security regime which conforms to a security plan approved by the Secretary of State. For this purpose, a “security plan” means a description of the security standards, procedures and arrangements adopted by the operator for the protection of the site. (This requirement does not apply until three months after the date on which the security plan is approved.) The operator is also required (by regulation 8(1)) to take all reasonable steps to secure that no nuclear fuel is transported to or from the site except in accordance with an approved security plan. (Again, this requirement does not apply until three months after the date on which the security plan is approved.) Regulation 5 requires the operator to comply with such directions with respect to the security of the site, or of nuclear fuel in transit to or from the site, as may from time to time be given by the Secretary of State, requiring the operator, inter alia, to adopt certain security standards, procedures or arrangements specified in such directions.

Regulation 6 requires the operator to have security assessments carried out periodically by a person approved for this purpose by the Secretary of State, and to submit such assessments to the Secretary of State. Before bringing nuclear fuel onto the site of a new generating station or laboratory, the operator is required to have an assessment of the security regime that will be in place when nuclear fuel is first brought onto the site carried out by a person approved for this purpose by the Secretary of State. A similar requirement applies before carrying out any work of alteration or extension to any construction which is, or is part of, a generating station or laboratory (regulation 7(2)).

Regulation 7 also requires the operator, before carrying out any alteration or extension to a generating station or laboratory, to satisfy the Secretary of State that the security regime to which the site will be subject, during the period in which the work is to be carried out and thereafter, will conform to a security plan approved by him.

Regulation 9 provides that the Secretary of State for Trade and Industry is responsible for the enforcement of these Regulations.