The Nuclear Industries Security (Fees) Regulations 2005

Citation, commencement, and extent

1.—(1) These Regulations may be cited as the Nuclear Industries Security (Fees) Regulations 2005.

(2) These Regulations come into force on 5 September 2005.

Interpretation

2.—(1) In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974(1);

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978(2); and

“the principal Regulations” means the Nuclear Industries Security Regulations 2003(3).

(2) The following expressions have the same meaning as in the principal Regulations—

• “approved carrier”;

• “approved security plan”;

• “approved transport security statement”;

• “carrier”;

• “relevant personnel”;

• “responsible person”;

• “security plan”;

• “transport”;

• “transport plan”; and

• “transport security statement”.

Fees payable for regulation of nuclear industries security

3.—(1) Where the Secretary of State carries out a function specified in column 2 of the Schedule under or in connection with the provision of the principal Regulations specified in column 1 of the Schedule, a fee shall be payable to the Secretary of State by the person specified in column 3 of the Schedule.

(2) Where an inspector performs functions in exercise of his powers under section 20 of the 1974 Act (as applied for the purposes of the principal Regulations by regulation 23(1), (2)(b), (3) and (4) of the principal Regulations), or under Article 22 of the 1978 Order (as applied for the purposes of the principal Regulations by regulation 24(1), (2)(b), (3) and (4) of the principal Regulations), a fee is payable to the Secretary of State—

(a) by a responsible person, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person;

(b) by a carrier, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person; and

(c) by a person subject to requirements by or under regulation 22 of the principal Regulations, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person.

(3) Where, in connection with putting into effect the principal Regulations, the Secretary of State carries out intelligence activities, makes security threat assessments, takes measures to counter security threats, or issues alert warnings, a fee shall be payable to the Secretary of State by the responsible person, carrier, or person subject to requirements by or under regulation 22 of the principal Regulations, in relation to whom such functions are performed.

(4) Where, in connection with putting into effect the principal Regulations, the Secretary of State provides advice or training to responsible persons, carriers, or persons subject to requirements by or under regulation 22 of the principal Regulations, a fee shall be payable to the Secretary of State by the person to whom such advice or training is given.

(5) Where, in connection with the enforcement of the principal Regulations, the Secretary of State performs functions other than functions referred to in paragraphs (1), (3) and (4), a fee shall be payable to that Secretary of State—

(a) by a responsible person, to the extent that such functions are for the purpose of putting into effect the principal Regulations in relation to that person;

(b) by a carrier, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person; and

(c) by a person subject to requirements by or under regulation 22 of the principal Regulations, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person.

Supplementary provisions

4.—(1) The fees referred to in regulation 3 shall—

(a) not exceed the costs reasonably incurred of performing the functions for which the fees are payable;

(b) take into account the seniority of the individuals performing the functions, and the time spent performing the functions;

(c) be calculated at the end of each quarter of the financial year, which financial year shall be from 1st April to 31st March;

(d) be payable within 30 days from the date of the invoice that the Secretary of State has sent or given to the person who is required to pay the fees, such invoices to include a statement of the functions performed and the costs incurred including the period to which the statement relates.

(2) The fees referred to in regulation 3 shall not include any costs connected with any—

(a) in England, Wales and Northern Ireland, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court; or

(b) in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as—

(i) the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or

(ii) the Procurator Fiscal intervenes in the investigation, whichever is the sooner.

(3) The Secretary of State may apportion fees between different persons for a function performed by the Secretary of State or an inspector (as the case may be), where such function is reasonably attributable to those different persons.

Malcolm Wicks

Minister of State for Energy,

Department of Trade and Industry

12th June 2005