3A.—(1) This regulation applies where the Office for Nuclear Regulation is named [F2against any listed REACH provision in any column of the relevant REACH table].
(2) The enforcement duty, so far as it relates to that provision of REACH, in relation to anything done or omitted to be done, on a relevant nuclear site—
(a)applies to the Office for Nuclear Regulation;
(b)does not apply to any other enforcing authority.
(3) No enforcement duty applies to the Office for Nuclear Regulation except as provided by this regulation.
(4) Paragraph (5) applies where there is uncertainty as to what are the respective responsibilities of the Office for Nuclear Regulation and any other enforcing authority or enforcing authorities for the enforcement of any listed REACH provision in respect of any particular circumstances.
(5) The responsibility for enforcing the relevant listed REACH provision in that respect may be assigned by the Office for Nuclear Regulation and the other enforcing authority or enforcing authorities to—
(a)the Office for Nuclear Regulation; or
(b)any other enforcing authority or enforcing authorities.
(6) An assignment may only be made under paragraph (5)—
(a)by the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities acting jointly;
(b)where the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities agree—
(i)that there is uncertainty in the particular circumstances as to what are their respective responsibilities in relation to enforcement of the listed REACH provision in question; and
(ii)which authority is, or authorities are (as the case may be), more appropriate to be responsible for the enforcement in those circumstances.
(7) Where such an assignment is made, the authority or authorities to which responsibility is assigned must give notice of the assignment to persons affected by it.
(8) Nothing in this regulation affects the power of the Office for Nuclear Regulation and any other enforcing authority to agree arrangements under regulation 5(2).]
Textual Amendments
F1Reg. 3A inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 134 (with Sch. 4)
F2Words in reg. 3A(1) substituted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(3) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1)); 2020 c. 1, Sch. 5 para. 1(1)
F33A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Reg. 3A omitted (N.I.) (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(6)