SCHEDULES

SCHEDULE 12Minor and consequential amendments relating to Part 3

PART 1Amendments of the Health and Safety at Work etc. Act 1974

Health and Safety at Work etc. Act 1974 (c. 37)

15

I21

Schedule 2 (constitution etc. of the Health and Safety Executive) is amended as follows.

I22

In paragraph 1(b) for “eleven” substitute “ twelve ”.

I23

In paragraph 2(2), at the beginning insert “ Subject to sub-paragraph (3A), ”.

I24

After paragraph 2(3) insert—

3A

The Office for Nuclear Regulation may appoint a member from among the non-executive members of the Office for Nuclear Regulation (“an ONR member”).

3B

The Office for Nuclear Regulation must notify the Executive and the Secretary of State whenever it appoints an ONR member.

I25

In paragraph 3, after “4” insert “ , 4A ”.

I26

In paragraph 4, after “Executive” insert “ , other than an ONR member, ”.

I27

After paragraph 4 insert—

4A

1

An ONR member may at any time resign from office by giving notice in writing to the Office for Nuclear Regulation.

2

An ONR member ceases to be a member of the Executive upon ceasing to be a non-executive member of the Office for Nuclear Regulation.

3

The Office for Nuclear Regulation may remove an ONR member from office by giving notice in writing.

4

The Office for Nuclear Regulation must notify the Executive and the Secretary of State whenever an ONR member—

a

resigns from office,

b

ceases to be a non-executive member of the Office for Nuclear Regulation, or

c

is removed from office.

I28

In paragraph 5, after “member” insert “ , other than an ONR member, ”.

I29

Paragraph 6 is amended as follows.

I210

In sub-paragraph (1), for the words following “pay” substitute

a

to each member, other than an ONR member, such remuneration, and

b

to each member such travelling and other allowances,

as may be determined by the Secretary of State.

I211

In sub-paragraph (2), after “member” insert “ other than an ONR member ”.

I212

In sub-paragraph (3), after “member” insert “ other than an ONR member ”.

I113

After that sub-paragraph insert—

4

Where—

a

a member appointed under paragraph 4(4)(a) of Schedule 7 to the Energy Act 2013 to be a member of the Office for Nuclear Regulation (the “HSE member of the ONR”)—

i

ceases to be the HSE member of the ONR otherwise than on the expiry of his or her term of office as HSE member of the ONR, but

ii

does not cease to be a member of the Executive, and

b

it appears to the Executive that there are special circumstances that make it right for that person to receive compensation,

the Executive may pay the member such amount by way of compensation as the Secretary of State may determine.