The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014

PART 4 Fees

Nuclear Industries Security (Fees) Regulations 2005

148.  The Nuclear Industries Security (Fees) Regulations 2005(1) are amended as follows.

149.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definitions of “the 1974 Act” and “the 1978 Order”;

(ii) before the definition of “the principal Regulations” insert—

““the 2013 Act” means the Energy Act 2013;”;

(b) in paragraph (2) after “carrier” insert “ONR;”.

150.  In regulation 3 (fees payable for regulation of nuclear industries security)—

(a) subject to paragraph (b), for “Secretary of State” substitute “ONR” in each place occurring;

(b) in paragraph (2) for the opening words substitute—

“Where an inspector performs functions in exercise of their powers under Schedule 8 to the 2013 Act for the purpose of carrying into effect the principal Regulations, a fee is payable to the ONR—”.

151.  In regulation 4 (supplementary provisions) for “Secretary of State” substitute “ONR” in each place occurring.

152.  In the Table in the Schedule—

(a) in the header of column 2 for “Secretary of State” substitute “ONR”;

(b) in the entry in column 2 corresponding to the entry in column 1 relating to regulation 13, 14(1) of the principal Regulations, for “he” substitute “it”.

Health and Safety (Fees) Regulations 2012

153.  The Health and Safety (Fees) Regulations 2012(2) are amended as follows.

154.  In regulation 1(3) (interpretation)—

(a) before the definition of “approval” insert—

““the 2013 Act” means the Energy Act 2013;”;

(b) after the definition of “mines and quarries provisions” insert—

““the ONR” means the Office for Nuclear Regulation;”.

155.  For regulation 8(6) (fees payable in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001) substitute—

“(6) A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by—

(a) its inspectors, or

(b) a person appointed to advise the Executive,

in connection with any application in respect of which a fee is payable by virtue of paragraph (1), (2) or (4), and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 is that specified in the corresponding entry in column 3 of those Tables for each hour worked adjusted pro rata for a period worked of less than an hour.”.

156.  Regulation 9(1) (fees payable under the Manufacture and Storage of Explosives Regulations 2005 etc.) is amended as follows—

(a) after “the 2005 Regulations,” insert “or the ONR, where it is the licensing authority by virtue of paragraph 4 of that Schedule”;

(b) after “Executive”, in the second place in which it occurs, insert “or the ONR (as the case may be)”.

157.  In regulation 11 (fees for application for or changes to an explosives licence under Part 9 of the Dangerous Substances in Harbour Areas Regulations 1987)—

(a) in paragraph (1) for “Executive” substitute “appropriate authority”;

(b) after paragraph (2) insert—

“(3) For the purposes of this regulation “appropriate authority”—

(a) where the application is required to be made to the ONR under the 1987 Regulations, means the ONR;

(b) otherwise, means the Executive.”.

158.  For regulation 12 (estimate of cost of work) substitute—

“12.— (1) Where any fee is to be assessed on the reasonable cost to the Executive, the ONR or the licensing authority of carrying out relevant work, the Executive, the ONR or the licensing authority (as the case may be) must—

(a) on receipt of the application or request, as the case may be, prepare and send to the person making that application or request an estimate of the cost of carrying out the relevant work; and

(b) before carrying out the relevant work, obtain confirmation from the person making the application or request that the person wishes the work to be carried out on the basis of that estimate of cost.

(2) In this regulation “relevant work” means—

(a) in relation to the Executive, any work or testing under regulation 2(3)(b) or 9(9);

(b) in relation to the ONR, any work under regulation 16(1) or (2);

(c) in relation to the licensing authority, any work pursuant to regulation 9(3).”.

159.—(1) Regulation 16 (fees payable in relation to nuclear installations) is amended as follows.

(2) For “Executive” substitute “ONR” in each place occurring;

(3) In paragraph (3) after “relevant statutory provisions” insert “or by the 2013 Act which relates to the enforcement of any of the nuclear provisions”.

(4) In paragraph (4) after the definition of “nuclear installation” insert—

““nuclear provisions” means the relevant statutory provisions (within the meaning given in section 82 of the 2013 Act) other than—

(a)

a provision of the Nuclear Safeguards Act 2000; or

(b)

any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as made for the nuclear safeguards purposes.”.

160.—(1) Regulation 17 (provisions supplementary to regulations 14 to 16) is amended as follows.

(2) In paragraph (1)—

(a) for sub-paragraph (a) substitute—

“(a) is not to exceed the sum of the costs reasonably incurred—

(i) in the case of regulation 16(1) or (2), by the ONR in carrying out the work referred to in the respective paragraph;

(ii) in any other case, by the Executive or the ONR (as the case may be) in performing the function referred to in the respective regulation.”;

(b) in sub-paragraph (b) after “Executive” insert “or the ONR”.

(3) After paragraph (7) insert—

“(8) Any reference in regulation 16 to a function conferred on an inspector by the 2013 Act which relates to enforcement against a person of any of the nuclear provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.

(9) In this regulation “nuclear provisions” has the meaning given in regulation 16.”.

161.  In regulation 24(9) (provisions supplementary to regulation 23)—

(a) in sub-paragraph (a) omit “or”;

(b) omit sub-paragraph (b).

162.  In Schedule 7 (Fees payable in connection with the Ionising Radiation Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001)—

(a) in the heading for Column 3 of Table 1 for “Nuclear or other Specialist Inspector” substitute “Specialist Inspector or person appointed to advise the Executive”;

(b) in the heading for Column 3 of Table 2 omit “Nuclear or other Specialist Inspector” substitute “Specialist Inspector or person appointed to advise the Executive”.

163.  In Schedule 13 (Fees payable in relation to nuclear assessments, design proposals and potential nuclear site applications under section 1(1) of the 1965 Act)—

(a) in column 1 of Table 1 for “section 11(1) of the 1974 Act”, in both places in which it occurs, substitute “section 78 of the 2013 Act”,

(b) in column 1 of Table 2 for “section 11(1) of the 1974 Act”, in both places in which it occurs, substitute “section 78 of the 2013 Act”.

(1)

S.I. 2005/1654.

(2)

S.I. 2012/1652, to which there are amendments not relevant to this Order.