Energy Act 2013

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

5 (1) Section 15 (health and safety regulations) is amended as follows.

(2) After subsection (1) insert—

“(1A) In subsection (1), the reference to the general purposes of this Part does not include a reference to any of the following—

(a) the nuclear safety purposes;

(b) the nuclear security purposes;

(c) the nuclear safeguards purposes;

(d) the radioactive material transport purposes.

(1B) Subsection (1A) does not preclude health and safety regulations from including provision merely because the provision could be made for any of the purposes mentioned in paragraphs (a) to (d) of that subsection.”

(3) In subsection (2), for “the preceding subsection” substitute “subsection (1)”.

(4) In subsection (3)(c), after “may” insert “, subject to subsection (3A),”.

(5) After subsection (3) insert—

“(3A) Nothing in this section is to be taken to permit health and safety regulations to make provision about responsibility for the enforcement of any of the relevant statutory provisions as they apply in relation to any GB nuclear site.

(3B) Subsection (3A) does not prevent health and safety regulations providing for the Office of Rail Regulation to be responsible for the enforcement, in relation to GB nuclear sites, of any of the relevant statutory provisions that are made for the railway safety purposes.

(3C) In subsections (3A) and (3B), “GB nuclear site” has the same meaning as in section 68 of the Energy Act 2013 (nuclear safety purposes).”