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STATUTORY INSTRUMENTS


2003 No. 403

ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES

The Nuclear Industries Security Regulations 2003

  Made 26th February 2003 
  Laid before Parliament 28th February 2003 
  Coming into force
  Part 3 and Parts 1 and 5 so far as they apply for the purposes of Part 3 22nd September 2003 
  Remainder 22nd March 2003 


ARRANGEMENT OF REGULATIONS


PART 1

INTRODUCTORY
1. Citation, commencement, revocation and extent
2. Interpretation: general
3. Meaning of "nuclear material", "Category I/II nuclear material" and "Category III nuclear material"

PART 2

SECURITY OF NUCLEAR PREMISES
4. Requirement for approved security plan for nuclear premises
5. Submission and approval of first security plans
6. Replacement, amendment and revocation of approved security plans
7. Maintenance of security
8. Temporary security plans during building works etc.
9. Requirement for approval of relevant personnel
10. Reports by responsible persons
11. Directions to responsible persons
12. Transitional provisions: security obligations under old legislation

PART 3

SECURITY OF TRANSPORT OF NUCLEAR MATERIAL
13. Requirement for Category I/II nuclear material and Category III nuclear material to be transported by approved carriers
14. Approval of carriers
15. Revocation of approval of carriers
16. Transport security statements
17. Duties of approved carriers: general
18. Reports by carriers
19. Duties relating to particular transports of Category I/II nuclear material
20. Duties relating to particular transports of Category III nuclear material
21. Directions to carriers

PART 4

SECURITY OF SENSITIVE NUCLEAR INFORMATION
22. Duties of persons with sensitive nuclear information

PART 5

GENERAL AND SUPPLEMENTARY PROVISIONS
23. Application of provisions of the 1974 Act
24. Application of provisions of the 1978 Order
25. Offences
26. Exclusion of defence premises and transports
27. Transport by ship
28. Application to hovercraft

  Schedule Categories of nuclear material

The Secretary of State, in exercise of the powers conferred by sections 15(1), (2), (3)(c), (4)(a), (5)(a) and (b), 50(1) and 82(3)(a) of, and paragraphs 1(1)(a) and (b) and (2), 3(1) and (2), 4(1), 15(1), 16 and 21(a) of Schedule 3 to, the Health and Safety at Work etc. Act 1974[
1] and sections 76(7) and 77(1) to (4) of the Anti-terrorism, Crime and Security Act 2001[2], and after consulting the Health and Safety Commission, such other bodies as appear to her to be appropriate (in accordance with section 50(1) of that Act of 1974) and such other persons as she considers appropriate (in accordance with section 77(5) of that Act of 2001), hereby makes the following Regulations: - 



PART 1

INTRODUCTORY

Citation, commencement, revocation and extent
     1.  - (1) These Regulations may be cited as the Nuclear Industries Security Regulations 2003.

    (2) These Regulations come into force on 22nd March 2003, except that Part 3 and the provisions of Parts 1 and 5 so far as they apply for the purposes of Part 3 come into force on 22nd September 2003.

    (3) The Nuclear Generating Stations (Security) Regulations 1996[
3] are hereby revoked.

    (4) Subject to paragraph (5), these Regulations extend to Northern Ireland.

    (5) Paragraph (3) of this regulation and regulations 3(1) and (2) and 23 do not extend to Northern Ireland (but nothing in this paragraph prevents "nuclear material" in these Regulations from having the same meaning in all parts of the United Kingdom (see regulation 2(1)).

    (6) Regulation 24 extends only to Northern Ireland.

Interpretation: general
     2.  - (1) In these Regulations, unless the context otherwise requires - 

    (2) "Responsible person", in relation to any nuclear premises, means - 

but this is subject to paragraph (3).

    (3) No person is the responsible person in relation to any nuclear premises falling within paragraph (b) or (c) of the definition of "nuclear premises" by virtue of using or storing nuclear material or other radioactive material on behalf of another person if he is that other person's officer, employee or contractor.

Meaning of "nuclear material", "Category I/II nuclear material" and "Category III nuclear material"
     3.  - (1) For the purposes of paragraph (b) of the definition of "nuclear material" in section 76(7) of the 2001 Act (meaning of "nuclear material" in section 76) material of the following kinds is prescribed - 

    (2) In paragraph (1) - 

    (3) For the purposes of these Regulations, nuclear material is "Category I/II nuclear material" if and only if it is - 

    (4) For the purposes of these Regulations, nuclear material is "Category III nuclear material" if and only if it is - 

    (5) In determining the quantity of material of any kind for the purposes of paragraphs (3)(b) and (4)(b) - 



PART 2

SECURITY OF NUCLEAR PREMISES

Requirement for approved security plan for nuclear premises
    
4.  - (1) There must be an approved security plan for each nuclear premises (whether or not the premises form part of other premises to which this paragraph applies).

    (2) A security plan must describe in writing the standards, procedures and arrangements adopted or to be adopted by the responsible person to ensure the security of - 

    (3) In particular, but without prejudice to the generality of paragraph (2), the plan must describe the standards, procedures and arrangements relating to - 

    (4) In the case of premises which are nuclear premises on the commencement date, paragraph (1) does not apply until - 

Submission and approval of first security plans
    
5.  - (1) The responsible person in relation to each nuclear premises must submit a security plan for the premises to the Secretary of State for approval.

    (2) The Secretary of State may approve the plan as submitted or with such amendments as she may require.

    (3) In the case of premises which are nuclear premises on the commencement date, the security plan must be submitted by 22nd June 2003.

Replacement, amendment and revocation of approved security plans
    
6.  - (1) The responsible person in relation to each nuclear premises may at any time submit to the Secretary of State for approval - 

    (2) The Secretary of State may approve the plan or proposals as submitted or with such amendments as she may require.

    (3) On approving a fresh security plan for the premises, the Secretary of State may revoke the approval of the former plan for the premises.

Maintenance of security
    
7.  - (1) The responsible person in relation to each nuclear premises must comply with the standards, procedures and arrangements described in the approved security plan for the premises.

    (2) The responsible person is not to be regarded as having failed to comply with any of those standards, procedures or arrangements by reason of any matter if the Secretary of State has notified the responsible person in writing that that matter, or a matter of its description, is in her opinion unlikely to be prejudicial to the security of the premises and the material, equipment and information mentioned in regulation 4(2).

Temporary security plans during building works etc.
    
8.  - (1) If it is proposed to carry out any work of alteration or extension to any building or other structure which is, or forms part of, nuclear premises - 

    (2) Paragraph (1) does not apply in the case of any particular work if before the work is begun the Secretary of State has notified the responsible person in writing that that work, or any work of a description that includes that work, is in her opinion unlikely to be prejudicial to the security of the premises and the material and equipment mentioned in regulation 4(2).

    (3) To obtain approval of a temporary security plan for any works, the responsible person must submit the plan in writing to the Secretary of State.

    (4) The temporary security plan must describe any standards, procedures and arrangements which the responsible person proposes to adopt to ensure the security of the premises and the material and equipment mentioned in regulation 4(2) during the period whilst the works are being carried out.

    (5) The Secretary of State may approve the temporary security plan as submitted or with such amendments as she may require.

    (6) During the period whilst the works are being carried out, the approved security plan for the premises has effect subject to the approved temporary security plan.

    (7) During that period the responsible person must comply with the standards, procedures and arrangements described in the approved temporary security plan.

    (8) The responsible person may at any time submit proposals for amending the approved temporary security plan to the Secretary of State, and the Secretary of State may approve the proposals as submitted or with such amendments as she may require.

    (9) In the case of premises which are nuclear premises on the commencement date, paragraphs (1) to (8) of this regulation do not apply until there is an approved security plan for the premises.

Requirement for approval of relevant personnel
    
9. The responsible person in relation to each nuclear premises must ensure that each of his relevant personnel in relation to the premises who - 

is a person who has been approved by the Secretary of State as being of suitable character and integrity, having regard to the need to ensure the security of the premises and the material, equipment and information mentioned in regulation 4(2).

Reports by responsible persons
    
10.  - (1) The responsible person in relation to each nuclear premises must report to the Secretary of State any event or matter of a kind specified in paragraph (5) as soon as practicable and in any event within 24 hours of its becoming known to him.

    (2) If it is not reasonably practicable for him to make a written report within that period, he must make the report orally and confirm it in writing within 48 hours of the event or matter becoming known to him.

    (3) In any other case the report must be made in writing.

    (4) The report must specify the nature of the matter or event and, in the case of an event, the date and time it occurred and the apparent reason for it.

    (5) The events and matters are - 

Directions to responsible persons
    
11.  - (1) The responsible person in relation to each nuclear premises must comply with any direction given by the Secretary of State for the purpose specified in section 77(1) of the 2001 Act requiring him - 

    (2) Such a direction may impose a requirement to be met - 

Transitional provisions: security obligations under old legislation
    
12.  - (1) Where, immediately before the commencement date, an operator of nuclear premises which is a generating station or a laboratory was under any obligation under the Nuclear Generating Stations (Security) Regulations 1996[6] ("the 1996 Regulations") by virtue of any existing approved security plan, the operator must continue to comply with that obligation as if it were an obligation under these Regulations until there is an approved security plan for those premises.

    (2) In this regulation - 



PART 3

SECURITY OF TRANSPORT OF NUCLEAR MATERIAL

Requirement for Category I/II nuclear material and Category III nuclear material to be transported by approved carriers
     13.  - (1) No person shall transport any Category I/II nuclear material unless - 

    (2) No person shall transport any Category III nuclear material unless - 

    (3) If the responsible person in relation to any nuclear premises arranges for the transport of any Category I/II nuclear material or Category III nuclear material to or from the premises, he must ensure that the transport is undertaken by a carrier who is not prohibited under this regulation from transporting the material in question.

Approval of carriers
    
14.  - (1) The Secretary of State may approve a carrier as an approved carrier only if she is satisfied that - 

    (2) Where a carrier has applied to the Secretary of State for approval as an approved carrier, she must give him notice in writing of her decision and, if she has granted the application, of the date from which he is approved and whether he is approved as a Class A carrier or as a Class B carrier.

    (3) If the Secretary of State proposes not to approve a carrier as an approved carrier, she must give him written notice of her proposal and of the reasons for it.

    (4) The carrier may make representations to the Secretary of State within 28 days from the date on which the notice under paragraph (3) is given.

    (5) The Secretary of State must take into account any such representations before reaching a decision whether to approve the carrier as an approved carrier.

    (6) If the Secretary of State decides not to approve a carrier as an approved carrier, she must state the reasons for her decision when she gives him notice of the decision under paragraph (2).

    (7) The Secretary of State's approval of a carrier as an approved carrier has effect for the period of five years from the date from which he is approved, unless it is revoked earlier under regulation 15.

Revocation of approval of carriers
    
15.  - (1) The Secretary of State may revoke the approval of an approved carrier if he has requested that his approval be revoked or on any of the following grounds - 

    (2) If the Secretary of State proposes to revoke the approval of an approved carrier otherwise than pursuant to a request from him, she must give him written notice of her proposal and of the reasons for it.

    (3) The approved carrier may make representations to the Secretary of State within 28 days from the date on which the notice under paragraph (2) is given.

    (4) The Secretary of State must take into account any such representations before reaching a decision whether to revoke the approved carrier's approval.

    (5) If the Secretary of State decides to revoke the approval of an approved carrier, she must give him written notice of her decision and of the reasons for it.

Transport security statements
    
16.  - (1) A carrier applying for approval as a Class A carrier or Class B carrier under regulation 14 must submit with his application a transport security statement for approval by the Secretary of State.

    (2) The transport security statement must describe in writing the standards, procedures and arrangements adopted or to be adopted by the carrier to ensure the security of - 

    (3) In particular, but without prejudice to the generality of paragraph (2), the statement must describe the standards, procedures and arrangements relating to - 

    (4) The Secretary of State may approve the statement as submitted or with such amendments as she may require.

    (5) An approved carrier may at any time submit to the Secretary of State for approval - 

    (6) The Secretary of State may approve the fresh statement or proposals as submitted or with such amendments as she may require.

    (7) On approving a fresh transport security statement for an approved carrier, the Secretary of State may revoke the approval of the former statement for the approved carrier.

Duties of approved carriers: general
    
17.  - (1) An approved carrier must comply with the standards, procedures and arrangements described in his approved transport security statement.

    (2) An approved carrier must notify the Secretary of State of any change to the information referred to in regulation 14(1)(c) - 

    (3) An approved carrier must ensure that each of his relevant personnel who - 

is a person who has been approved by the Secretary of State as being of suitable character and integrity, having regard to the need to ensure the security of the material, information and premises mentioned in regulation 16(3)(a).

Reports by carriers
    
18.  - (1) An approved carrier must report to the Secretary of State any event or matter of a kind specified in paragraph (5) as soon as practicable and in any event within 24 hours of its becoming known to him.

    (2) If it is not reasonably practicable for him to make a written report within that period, he must make the report orally and confirm it in writing within 48 hours of the event or matter becoming known to him.

    (3) In any other case the report must be made in writing.

    (4) The report must specify the nature of the matter or event and, in the case of an event, the date and time it occurred and the apparent reason for it.

    (5) The events and matters are - 

Duties relating to particular transports of Category I/II nuclear material
    
19.  - (1) No Class A carrier shall transport any Category I/II nuclear material unless a transport plan relating to the particular transport by him has been approved by the Secretary of State.

    (2) No less than one month before the proposed date on which the transport of any Category I/II nuclear material is to begin (whether or not the transport is to be undertaken in stages by more than one carrier), each Class A carrier who is to transport the material must submit a transport plan relating to the transport by him for the approval of the Secretary of State.

    (3) The transport plan must describe in writing the measures to be adopted to ensure the security of the material during - 

    (4) The Secretary of State may approve the transport plan as submitted or with such amendments as she may require.

    (5) Before approving such a plan the Secretary of State must - 

    (6) Each Class A carrier must ensure that any particular transport of Category I/II nuclear material by him conforms to the transport plan approved by the Secretary of State in relation to that transport.

    (7) No less than 7 days before the proposed date on which any Class A carrier is to begin transporting any Category I/II nuclear material, he must give notice in writing to the Secretary of State of the dates on which the transport by him is to begin and end.

Duties relating to particular transports of Category III nuclear material
    
20.  - (1) Subject to paragraph (3), no less than 7 days before the proposed date on which any approved carrier is to begin transporting any Category III nuclear material, he must give notice in writing to the Secretary of State of the matters specified in paragraph (2) in relation to the transport by him.

    (2) The matters are - 

    (3) In exceptional circumstances notice under paragraph (1) may be given less than 7 days before the proposed date on which the approved carrier is to begin transporting the material, but a notice that is so given must specify what the exceptional circumstances are.

    (4) Where an approved carrier gives notice as mentioned in paragraph (3), he must obtain approval from the Secretary of State for the transport of the material by him before he begins transporting it.

    (5) This regulation does not apply to a carrier who transports a vehicle carrying nuclear material on his ship if the driver of the vehicle drives it on and off the ship and remains on the ship during the ship's journey.

Directions to carriers
    
21.  - (1) An approved carrier must comply with any direction given by the Secretary of State for the purpose specified in section 77(1) of the 2001 Act relating to his business as a carrier of Category I/II nuclear material or Category III nuclear material and requiring the approved carrier - 

    (2) Such a direction may impose a requirement to be met - 



PART 4

SECURITY OF SENSITIVE NUCLEAR INFORMATION

Duties of persons with sensitive nuclear information
    
22.  - (1) Subject to paragraph (2), this regulation applies to the following persons - 

    (2) This regulation does not apply to any person who is not (and is not expected to be) involved in activities on or in relation to any nuclear premises.

    (3) A person to whom this regulation applies must - 

    (4) If it is not reasonably practicable for the person in question to make a written report under paragraph (3)(d) within the period specified in that paragraph, he must make the report orally and confirm it in writing within 48 hours of the event or matter becoming known to him.

    (5) In any other case the report must be made in writing.

    (6) The events and matters are - 



PART 5

GENERAL AND SUPPLEMENTARY PROVISIONS

Application of provisions of the 1974 Act
     23.  - (1) The following provisions of the 1974 Act[9] apply for the purposes of these Regulations as they apply for the purposes of that Act, but with the modifications specified in paragraphs (3) to (6).

    (2) Those provisions are - 

    (3) In those sections - 

    (4) In section 20 (powers of inspectors) - 

    (5) In section 27(1) (obtaining of information) - 

    (6) In section 38 (restriction on institution of proceedings in England and Wales) for the words from "an inspector" to the end there are substituted the words "the Secretary of State".

Application of provisions of the 1978 Order
     24.  - (1) The following provisions of the 1978 Order[12] apply for the purposes of these Regulations as they apply for the purposes of that Order, but with the modifications specified in paragraphs (3) to (6).

    (2) Those provisions are - 

    (3) In those Articles - 

    (4) In Article 22 (powers of inspectors) - 

    (5) In Article 29(1) (obtaining of information) - 

    (6) In Article 35 (restriction on institution of proceedings) for the words from "an inspector" to the end there are substituted the words "the Secretary of State".

Offences
     25.  - (1) If any person fails to comply with any provision of regulation 5, 7, 8, 9, 10, 11, 12, 13, 17, 18, 19, 20, 21, or 22, he shall be guilty of an offence.

    (2) A person guilty of an offence under paragraph (1), under section 33 of the 1974 Act as it applies by virtue of regulation 23 or under Article 31 of the 1978 Order as it applies by virtue of regulation 24 is liable - 

    (3) Proceedings for an offence to which paragraph (2) applies that is committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.

Exclusion of defence premises and transports
    
26. These Regulations do not apply - 

Transport by ship
    
27.  - (1) These Regulations apply to transport in a United Kingdom ship whether or not that ship is in the territorial sea of the United Kingdom.

    (2) These Regulations do not apply to transport in a ship that is not a United Kingdom ship, except that (subject to paragraphs (3) to (12)) Part 1 of these Regulations, regulations 18 to 21 and this Part apply to transport within the United Kingdom or its territorial sea in such a ship if the ship - 

    (3) Part 1 of these Regulations, regulations 18 to 21 and this Part do not apply to transport in a ship that is not a United Kingdom ship and is owned by the Government of a country outside the United Kingdom or a department or agency of such a Government except at a time when such a ship is being used for commercial purposes.

    (4) In relation to transport in a ship that is not a United Kingdom ship - 

    (5) In relation to transport in a ship that is not a United Kingdom ship, regulations 18 to 21 and 23 to 25 have effect with the following modifications.

    (6) Regulation 18 applies - 

    (7) Regulation 19 applies - 

    (8) Regulation 20 applies - 

    (9) Regulation 21(1) applies - 

    (10) Regulation 23 applies with the insertion after paragraph (5) of the following paragraph - 

    (11) Regulation 24 applies with the insertion after paragraph (5) of the following paragraph - 

    (12) Regulation 25 applies with the substitution for paragraph (1) of the following paragraph - 

    (13) Notwithstanding anything in this regulation, nothing in these Regulations applies to acts done outside the United Kingdom by a person other than a United Kingdom person.

Application to hovercraft
    
28.  - (1) Subject to paragraph (3), these Regulations apply as if any reference to a ship (other than in the expression "United Kingdom ship") included a reference to a hovercraft.

    (2) These Regulations apply to transport in a United Kingdom hovercraft if and only if the transport is - 

    (3) Paragraphs (2) to (13) of regulation 27 apply as if - 

    (4) In this regulation - 


Brian Wilson,
Minister of State for Energy and Construction, Department of Trade and Industry

26th February 2003



THE SCHEDULE
Regulation 3(3) and (4).


CATEGORIES OF NUCLEAR MATERIAL



THE TABLE
MATERIAL CATEGORIES
     I/II III
     1. Plutonium (other than plutonium with an isotopic concentration exceeding 80% in plutonium-238) which is not irradiated

More than 500 grammes 500 grammes or less, but more than 15 grammes
     2. Uranium-233 which is not irradiated

More than 500 grammes 500 grammes or less, but more than 15 grammes
     3. Previously separated neptunium-237 which is not irradiated

More than 1 kilogramme 1 kilogramme or less, but more than 15 grammes
     4. Previously separated americium-241, previously separated americium-242m or previously separated americium-243, which are not irradiated

More than 1 kilogramme 1 kilogramme or less, but more than 15 grammes
     5. Uranium-235 in enriched uranium containing 20% or more of uranium-235, which is not irradiated

More than 1 kilogramme 1 kilogramme or less, but more than 15 grammes
     6. Uranium-235 in enriched uranium containing 10% or more, but less than 20%, of uranium-235, which is not irradiated

10 kilogrammes or more Less than 10 kilogrammes, but more than 1 kilogramme
     7. Uranium-235 in enriched uranium containing less than 10% but more than 0.711% of uranium-235, which is not irradiated

     10 kilogrammes or more
     8. Irradiated reactor fuel being used, stored or transported within the United Kingdom

     Any quantity
     9. Irradiated reactor fuel being transported outside the United Kingdom, other than such fuel which, prior to being irradiated, was uranium enriched so as to contain 10% or more, but less than 20%, of uranium-235

Any quantity     
     10. Irradiated reactor fuel being transported outside the United Kingdom which, prior to being irradiated, was uranium enriched so as to contain 10% or more, but less than 20%, of uranium-235

     Any quantity
     11. Other irradiated nuclear material

     Any quantity

In this Schedule - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations provide for the regulation of the civil nuclear industry for security purposes and prescribe certain types of fissile material as "nuclear material" for the purposes of the definition of "nuclear material" in section 76(7) of the Anti-terrorism, Crime and Security Act 2001. The Regulations are in five Parts.

Part 1 provides for introductory matters.

Regulation 1 provides that the Regulations will commence on 22nd March 2003, except for Part 3, and Parts 1 and 5 so far as they apply for the purposes of Part 3, which will commence on 22nd September 2003. It also revokes the Regulations formerly providing for the regulation of the security of nuclear generating stations, the Nuclear Generating Stations (Security) Regulations 1996.

Regulation 2 sets out the meanings of a number of expressions used in the Regulations.

Regulation 3 extends the definition of "nuclear material" in section 76 of the Anti-terrorism, Crime and Security Act 2001 by prescribing certain additional kinds of material. (This definition applies for the purposes of these Regulations.)

Part 2 makes provision about the security of nuclear premises.

Regulation 4 requires that there should be an approved security plan for each nuclear premises. It sets out what the plan must contain. For existing nuclear premises this requirement does not apply until 22nd June 2003. But if a draft plan has been submitted to the Secretary of State before, the requirement only applies when the Secretary of State approves a security plan for the premises.

Regulations 5 and 6 provide for the submission of the first draft security plans for nuclear premises to the Secretary of State, for her to approve them with or without modifications and for amendments and replacements of approved plans to be submitted to her for approval. It also enables her to revoke approved plans which are replaced.

Regulation 7 imposes an obligation on the responsible person in relation to any nuclear premises to comply with the approved security plan for the premises.

Regulation 8 requires temporary security plans to be submitted and approved for works affecting nuclear premises, except in certain circumstances.

Regulation 9 requires the responsible person to ensure that staff identified in the approved security plan are approved by the Secretary of State as being suitable.

Regulation 10 requires the responsible person to report certain events and matters to the Secretary of State (in practice, the Office for Civil Nuclear Security) within 24 hours.

Regulation 11 requires the responsible person to comply with directions given by the Secretary of State for security purposes.

Regulation 12 makes transitional provision by requiring certain operators who had obligations deriving from existing approved security plans under preceding legislation to continue to comply with those obligations until there is an approved security plan under these regulations for their premises.

Part 3 makes provision about the security of transport of nuclear material.

Regulation 13 prohibits any person from transporting certain categories of nuclear material unless he is an approved carrier for the category of material in question, and requires the responsible person for nuclear premises to ensure that transports arranged by him to and from his premises are by such carriers.

Regulations 14 and 15 provide for the approval of carriers by the Secretary of State, and the revocation of such approvals. A carrier may only be approved under regulation 14 if he has submitted a transport security statement to the Secretary of State which she has approved, and regulation 16 makes further provision about the submission, content and amendment of those statements.

Regulation 17 requires approved carriers to comply with those statements and to notify the Secretary of State about relevant changes that have occurred. It also imposes an obligation on approved carriers to ensure that staff identified in their approved transport security statement are approved by the Secretary of State as being suitable.

Regulation 18 requires approved carriers to report certain events and matters to the Secretary of State (in practice, the Office for Civil Nuclear Security) within 24 hours.

Regulation 19 prohibits approved carriers from transporting Category I/II nuclear material unless a transport plan relating to the particular transport has been approved by the Secretary of State, and provides for the submission and approval of such plans. The carrier must comply with the plan.

Regulation 20 requires advance notice to be given by a carrier to the Secretary of State when Category III nuclear material is to be transported, except where the carrier is the operator of a roll on roll off ferry.

Regulation 21 requires approved carriers to comply with directions given by the Secretary of State for security purposes that relate to their business as carriers of nuclear material.

Part 4 makes provision about the security of sensitive nuclear information.

Regulation 22 requires certain persons to maintain adequate security standards, to comply with directions from the Secretary of State, to ensure that staff identified in such a direction are approved by the Secretary of State as being suitable, and to report security incidents to her.

Part 5 contains general and supplementary provisions.

Regulation 23 applies a number of provisions of the Health and Safety at Work etc. Act 1974 for the purposes of the Regulations with modifications.

Regulation 24 applies a number of provisions of the Health and Safety at Work (Northern Ireland) Order 1978 for the purposes of the Regulations with modifications.

Regulation 25 makes provision about offences where there is a failure to comply with the Regulations.

Regulation 26 excludes premises used for defence purposes and transports for those purposes from the scope of the Regulations.

Regulation 27 provides that the Regulations apply to all transport in United Kingdom ships. It also provides that regulations 18 to 21 and the introductory, general and supplementary provisions apply (with certain modifications) to transport in non-United Kingdom ships within the United Kingdom or its territorial sea that are proceeding to or from United Kingdom ports for the purpose of transporting nuclear material. There is an exclusion for ships owned by foreign Governments that are not being used for commercial purposes.

Regulation 28 provides for the Regulations to apply to hovercraft in a similar way to that in which they apply to ships.

A regulatory impact assessment in respect of these Regulations may be obtained from the Department of Trade and Industry, Energy Innovation and Business Unit, 1 Victoria Street, London SWIH 0ET. A copy has been placed in the library of each House of Parliament.


Notes:

[1] 1974 c. 37; section 50(1) is substituted by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraph 16. (The powers under these provisions are cited only for the purposes of regulation 1(3), and accordingly other amendments of these provisions are not mentioned.)back

[2] 2001 c. 24.back

[3] S.I. 1996/665.back

[4] S.I. 1978/1039 (N.I. 9).back

[5] 1965 c. 57; section 1(1) is amended by S.I. 1974/2056, regulation 2 and Schedule 2, and by S.I. 1990/1918, regulation 2 and the Schedule.back

[6] S.I. 1996/665.back

[7] 1971 c. 11.back

[8] 1985 c. 6; section 736 is substituted by the Companies Act 1989 (c. 40), section 144(1).back

[9] Most of these provisions are modified by S.I. 1992/3073, regulation 28 and Schedule 6, paragraph 1.back

[10] Section 28 is amended by the Local Government Act 1985 (c. 51), section 84 and Schedule 14, paragraph 52; the Consumer Protection Act 1987 (c. 43), section 36 and Schedule 3; the Education Reform Act 1988 (c. 40), section 237 and Schedule 13; the Water Act 1989 (c. 15), section 190 and Schedule 25, paragraph 46; the Environment Act 1995 (c. 25), sections 78 and 120, Schedule 10, paragraph 12, Schedule 22, paragraph 30 and Schedule 24; and the Greater London Authority Act 1999 (c. 29), section 328 and Schedule 29, paragraph 23.back

[11] Section 33(1) is amended by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraph 9, and the Consumer Protection Act 1987 (c. 43), section 36 and Schedule 3, and in part repealed by the Forgery and Counterfeiting Act 1981 (c. 45), section 30 and Schedule.back

[12] Most of these provisions are modified by S.I. 1992/3073, regulation 28 and Schedule 6, paragraph 2.back

[13] Article 30 is amended by S.I. 1987/2049 (N.I. 20), Article 28 and Schedule 2, and S.I. 1998/2795 (N.I. 18), Schedule 1, paragraph 8.back

[14] Article 31 is amended by S.I. 1987/2049 (N.I. 20), Article 28 and Schedule 2; S.I. 1992/1728 (N.I. 17), Article 6; and S.I. 1996/1883 (N.I. 15), Articles 9 and 13(3) and Schedule 5; and in part repealed by the Foregery and Counterfeiting Act 1981 (c. 45), section 30 and Schedule Part III; S.I. 1988/595 (N.I. 3) Article 10(1); S.I. 1992/1728 (N.I. 17), Articles 6, 8 and Schedule 2; and S.I. 1998/2795 (N.I. 18), Schedule 1, paragraph 15 and Schedule 2.back

[15] 1968 c. 59.back

[16] S.I. 1972/674.back



ISBN 0 11 045397 2


 
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Prepared 26 March 2003


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