The Nuclear Industries Security (Fees) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

The Secretary of State is responsible for regulating the security of the civil nuclear industry as provided under the Nuclear Industries Security Regulations 2003 (“the principal Regulations”). These (Fees) Regulations provide details of when and by who fees are payable in relation to functions performed by or on behalf of the Secretary of State in connection with putting into effect the principal Regulations.

Regulation 3(1) provides that the Secretary of State may charge a fee where he performs a function under the principal Regulations as specified in the Schedule to these Regulations which is payable by the person specified in the Schedule. Regulation 3(2) provides that where an inspector appointed by the Secretary of State performs functions in exercise of his powers under section 20 of the Health and Safety at Work etc. Act 1974 or the Health and Safety at Work (Northern Ireland) Order 1978, as applied (with necessary modifications) for the purposes of the principal Regulations by virtue of regulations 23 and 24 respectively of the principal Regulations, a fee is payable to the Secretary of State by the person in relation to whom the function was performed. Paragraphs (3) and (4) of regulation 3 provide that the Secretary of State may charge a fee for other functions he performs in connection with putting into effect the principal Regulations, such as making security threat assessments and providing advice and training. Regulation 3(5) provides that the Secretary of State performs functions not already covered by the other provisions of Regulation 3, a fee is payable in relation to enforcement of the principal Regulations. Regulation 4 requires that fees should not exceed the costs of performing the function to which they relate, that they are calculated quarterly and in consideration of the seniority of the individuals performing the functions and are paid within 30 days of invoicing. The costs of criminal proceedings are to be excluded from the calculation of fees.

A regulatory impact assessment in respect of these Regulations may be obtained from the Department of Trade and Industry, Energy Industries and Technologies Unit, 1 Victoria Street, London SW1H 0ET. A copy has been placed in the libraries of both Houses of Parliament.