The Health and Safety and Nuclear (Fees) Regulations 2022

Fees payable in relation to nuclear installations E+W+S

16.—(1) Where, by virtue of the provisions specified in entry (a) or (b) of column 1 of Table 1 in Schedule 12, the ONR carries out any work for a purpose specified in column 2 of that Table, a fee is payable to the ONR by the person referred to in column 3 of that Table.

(2) Where, by virtue of the provisions specified in column 1 of Table 2 in Schedule 12, the ONR carries out any work for the purpose specified in column 2 of that Table, a fee is payable to the ONR by the person referred to in column 3 of that Table.

(3) A fee is payable to the ONR by a licensee of a nuclear site for the performance by or on behalf of the ONR, or by an inspector appointed by it, of any function conferred on the ONR, or the inspector, by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions, or by the 2013 Act which relates to the enforcement of any of the nuclear provisions, against one or both of the following—

(a) that licensee; or

(b) a contractor in relation to any work carried out by that contractor on or in connection with that nuclear site.

(4) For the purposes of this regulation and Schedule 12—

“the 1965 Act” means the Nuclear Installations Act 1965(1);

“assessment agreement” means an agreement between the ONR and the person requesting the assessment of a design proposal, which identifies the scope of the assessment to be made by the ONR of that design proposal;

“design proposal” means a proposal for any nuclear installation, including matters relating to the installation’s construction, commissioning, operation and decommissioning, which is to be assessed by the ONR prior to any application for a licence under section 1(1) of the 1965 Act which may be made, based on that proposal;

“licensee” means a person who has been granted a nuclear site licence pursuant to section 1(1) of the 1965 Act;

“nuclear installation” means a nuclear reactor or an installation within the meaning of section 1(1)(b) of the 1965 Act; and

“nuclear provisions” means the relevant statutory provisions (within the meaning given in section 82 of the 2013 Act(2)) other than—

(a)

a provision of the Nuclear Safeguards Act 2000(3); or

(b)

a provision of nuclear safeguards regulations(4).

Commencement Information

I1 Reg. 16 in force at 21.12.2022, see reg. 1(1)

(1)

1965 c. 57. Section 1 was substituted by paragraph 17 of Schedule 12 to the Energy Act 2013 (“the 2013 Act”). Section 3 was substituted by paragraph 18 of Schedule 12 to the 2013 Act, and amended by S.I. 2016/1154 and S.S.I. 2018/219. There are other amendments to the 1965 Act, but none is relevant to these Regulations.

(2)

Section 82 has been amended by paragraph 4 of the Schedule to the Nuclear Safeguards Act 2018 (c. 15) (“the 2018 Act”) and S.I. 2016/562.

(3)

2000 c. 5.

(4)

“Nuclear safeguards regulations” is defined in section 112 of the Energy Act 2013. That definition was inserted by section 1(3)(a) of the 2018 Act.