- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Nuclear Safeguards (EU Exit) Regulations 2019, SCHEDULE 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 53
1. An operator of a qualifying nuclear facility, which exists on commencement day, may satisfy the requirement of regulation 3(1) (to provide the ONR with a declaration of basic technical characteristics) by providing to the ONR, within the period of thirty days beginning on commencement day written confirmation that the information concerning basic technical characteristics which was provided by the operator to the Commission under Article 3 of Commission Regulation (EURATOM) 302/2005 is still correct on commencement day.
Commencement Information
I1Sch. 4 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
2. An operator of a qualifying nuclear facility, which exists on commencement day, may satisfy the requirement of regulation 13 (to provide the ONR with an initial book inventory, by sending to the ONR) within the period of 15 days beginning on commencement day, a physical inventory listing (set out in Part 4 of Schedule 1) which shows the position on commencement day and has been generated from the nuclear material management system at the qualifying nuclear facility.
Commencement Information
I2Sch. 4 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
3.—(1) An operator of a qualifying nuclear facility, which exists on commencement day, must send two inventory change reports to the ONR, under regulation 14 within the period of 15 days beginning on the day on which the end of the month occurs, which began before and ends on or after commencement day—
(a)the first report must set out any inventory changes which have occurred or become known to the operator during the period from the start of the month to commencement day; and
(b)the second report must set out any inventory changes which have occurred or become known to the operator during the period from commencement day to the end of the month.
(2) Sub-paragraph (1) does not apply if commencement day does not fall on a day which is not the last day of a month.
Commencement Information
I3Sch. 4 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
4. An operator of a qualifying nuclear facility, which exists on commencement day, must carry out the first physical inventory for each material balance area, in accordance with regulation 15(3), within a period of 14 months beginning on the day on which the last physical inventory was carried out under Article 13 of Commission Regulation (EURATOM) 302/2005.
Commencement Information
I4Sch. 4 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
5. If during the period of twelve months ending on commencement day an operator of a qualifying nuclear facility that is used to treat or store retained or conditioned waste has sent a stock list to the Commission under Article 31(1) of Commission Regulation (EURATOM) 302/2005 the operator is to be treated as having complied with regulation 29(2).
Commencement Information
I5Sch. 4 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
6.—(1) Where—
(a)an advance notification or report is required or permitted;
(b)the notification or report relates to a matter which occurs on or after commencement day; and
(c)an operator of a qualifying nuclear facility sent to the Commission, before commencement day, an advance notification or report in respect of that matter under the Article of Commission Regulation (EURATOM) 302/2005 set out in the first column of the table;
the advance notification or report, which was sent to the Commission, is to be treated, for the purposes of these Regulations, as having been sent by the operator to the ONR under the relevant regulation set out in the second column of the table.
Relevant provision of Commission Regulation (EURATOM) 302/2005 | Relevant provision of these Regulations |
---|---|
1. Information on new qualifying nuclear facilities (Article 4 and 24) | Regulation 3(2) |
2. Advance notice of changes to the basic technical characteristics of a qualifying nuclear facility Article 4 | Regulation 3(3) |
3. Programme of activities Article 5 | Regulation 4 |
4. Special Report Article 14 | Regulation 16(1) |
5. Advance notification of exports of qualifying nuclear material Article 20 and Annex VI | Regulation 21(1) and (2) and the form set out in Part 5 of Schedule 1 |
6. Advance notification of imports of qualifying nuclear material Article 21 and Annex VII | Regulation 22(1)-(3) and the form set out in Part 6 of Schedule 1 |
(2) To the extent that, in the period of six months before commencement day, an operator sent a special report to the Commission under Article 14 of Commission Regulation (EURATOM) 302/2005, then the operator must comply with regulations 16(3) and 17(3) in respect of that special report.
Commencement Information
I6Sch. 4 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
7.—(1) If—
(a)the activities listed in sub-paragraph 3(1)(b) or (c)(i)-(iii) occur on or after commencement day; and
(b)paragraph 7 of this Schedule does not apply
the operator must, unless the ONR has previously agreed in writing to a shorter notice period, make the declaration to the ONR on or after commencement day and not later than 200 days prior to the date on which the activity occurs.
(2) In the case of a new qualifying nuclear facility, which comes into existence on or after 1st January 2021, as described in regulation 7(3), the operator must, unless the ONR has previously agreed in writing to a shorter notice period, send an accountancy and control plan to the ONR no later than 200 days prior to the day on which qualifying nuclear material is first received at the facility.
Commencement Information
I7Sch. 4 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
8.—(1) An operator of a qualifying nuclear facility or other person who, on commencement day, was required to keep records by the following Articles of Commission Regulation (EURATOM) 302/2005—
(a)8 (operating records),
(b)9 (accounting records),
(c)24(2) (extraction of ores),
(d)30(2) (waste) or
(e)26 (carriers and temporary storage agents)
must retain those records for a period of at least five years commencing with commencement day.
(2) An operator must, if requested by the ONR, make the records, referred to in paragraph (1), available for inspection by the ONR at the relevant qualifying nuclear facility and provide the ONR with copies. The records may be made available in electronic form if they are kept in this form by the operator.
(3) An operator must keep the accounting records retained under sub-paragraph (1) up to date.
Commencement Information
I8Sch. 4 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
9.—(1) Where, on commencement day, an operator—
(a)does not qualify for an exemption under regulation 32 of these Regulations;
(b)benefits from a derogation granted by the Commission in respect of a particular qualifying nuclear facility or qualifying nuclear material, under Article 19 of Commission Regulation (EURATOM) 302/2005 or Article 22 of Regulation (EURATOM) 3227/76; or
(c)operates a qualifying nuclear facility—
(i)in which less than one effective kilogram of qualifying nuclear material is produced, processed, stored, handled, disposed of or otherwise used; and
(ii)which is not a reactor, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant nor a separate storage installation
the operator shall be treated as benefitting from regulation 31(8) for a period of twelve months commencing on commencement day.
(2) An operator to whom paragraph (1) applies must, during the twelve month period commencing on commencement day, comply with the requirements of these Regulations, as adapted by regulation 31(8), and may, with the consent of the ONR substitute, for some or all of the forms required by these Regulations, the forms and information which the operator would have been required to send to the Commission during that 12 month period had these Regulations not commenced.
Commencement Information
I9Sch. 4 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: