The Nuclear Safeguards (Fees) Regulations 2021

Citation and commencement

1.—(1) These Regulations may be cited as the Nuclear Safeguards (Fees) Regulations 2021.

(2) These Regulations come into force on 1st April 2022.

Interpretation

2.  In these Regulations—

“2000 Act” means the Nuclear Safeguards Act 2000(1);

“2013 Act” means the Energy Act 2013;

“Nuclear Safeguards Regulations” means the Nuclear Safeguards (EU Exit) Regulations 2019(2);

“Agency” means the International Atomic Energy Agency;

“authorised officer” has the meaning set out in section 1 of the 2000 Act;

“operator” has the meaning set out in regulation 2 of the Nuclear Safeguards Regulations;

“qualifying nuclear facility” has the meaning set out in section 76A(6) of the 2013 Act(3);

“qualifying nuclear facility with limited operation” has the meaning set out in regulation 2 of the Nuclear Safeguards Regulations; and

“qualifying nuclear material” has the meaning set out in section 76A(6) of the 2013 Act and includes the “fissionable material” specified in regulation 2(2) of the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019(4).

Fees payable by the operator to the ONR in connection with functions carried out under the 2000 Act, the Nuclear Safeguards Regulations and the 2013 Act

3.—(1) The operator must pay a fee to the ONR where the ONR carries out a function described in column 2 of Schedule 1, under or in connection with the provision of the 2000 Act set out in column 1 of that Schedule.

(2) The operator must pay a fee to the ONR where the ONR carries out a function described in column 2 of Schedule 2, under or in connection with the provision of the Nuclear Safeguards Regulations set out in column 1 of that Schedule.

(3) Where an inspector carries out functions in connection with nuclear safeguards in exercise of their powers under section 83 of, and Schedule 8 to, the 2013 Act, in connection with the 2000 Act, the Nuclear Safeguards Regulations or Part 3 of the 2013 Act, the operator must pay a fee to the ONR to the extent that such function is performed in relation to the operator for the purpose of putting into effect the 2000 Act, the Nuclear Safeguards Regulations or Part 3 of the 2013 Act.

(4) The operator must pay a fee to the ONR where—

(a) the ONR carries out functions in connection with nuclear safeguards to monitor and ensure compliance with the 2000 Act, the Nuclear Safeguards Regulations or Part 3 of the 2013 Act, or pursuant to arrangements made in accordance with section 82 of the 2013 Act, and

(b) no fee is payable under paragraphs (1) to (3).

(5) No fee is payable for the carrying out of functions under paragraphs (1) to (4) where the functions relate to a qualifying nuclear facility with limited operation.

Regulation 3 supplementary provisions

4.—(1) The fees referred to in regulation 3 must be determined by the ONR and must not exceed the costs reasonably incurred by the ONR in performing the functions for which the fees are payable.

(2) The ONR must send an invoice to the person who must pay the fee, and such invoice must state the functions performed and the costs incurred during the period to which the statement relates.

(3) The fees must be paid within 30 days of the date of the invoice.

(4) The ONR may apportion fees between different persons for a function performed by the ONR or an inspector (as the case may be), where such function is reasonably attributable to those different persons.

(5) The fees referred to in regulation 3 must not include any costs connected with—

(a) in England and Wales and Northern Ireland, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates Court, or

(b) in Scotland, criminal investigation or prosecution incurred (in either case) after such time as—

(i) the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or

(ii) the Procurator Fiscal intervenes in the investigation, whichever is sooner.

Review

5.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provisions contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st April 2027.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(5) requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Greg Hands

Minister of State for Energy, Clean Growth and Climate Change

Department for Business, Energy and Industrial Strategy

9th December 2021