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STATUTORY INSTRUMENTS


2006 No. 2815

ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES

The Nuclear Industries Security (Amendment) Regulations 2006

  Made 19th October 2006 
  Laid before Parliament 24th October 2006 
  Coming into force 25th November 2006 

The Secretary of State, in exercise of the powers conferred by section 77(1)(a) to (f) and (2)(g) of the Anti-terrorism, Crime and Security Act 2001[1] and after consulting the Health and Safety Commission and such other persons as he considers appropriate, in accordance with section 77(5) of that Act, makes the following Regulations:

Citation, commencement, extent and interpretation
     1. —(1) These Regulations may be cited as the Nuclear Industries Security (Amendment) Regulations 2006.

    (2) These Regulations come into force on 25th November 2006.

    (3) Except for regulation 8 these Regulations extend to Northern Ireland.

    (4) In these Regulations—

Amendment of regulation 2
     2. —(1) In regulation 2(1) of the Principal Regulations—

    (2) After regulation 2(3) of the Principal Regulations insert—

Amendment of regulation 4
     3. In regulation 4(2)(c) and (e)(ii) of the Principal Regulations after "equipment" insert "or software".

Amendment of regulation 10
    
4. In regulation 10(2) of the Principal Regulations for "reasonably practicable" substitute "possible".

Amendment of regulation 18
    
5. In regulation 18(2) of the Principal Regulations for "reasonably practicable" substitute "possible".

Amendment of regulation 20
    
6. In regulation 20(5) of the Principal Regulations after "ship" on the first time it appears, insert "to or from the United Kingdom".

Amendment of Part 4
    
7. For Part 4 of the Principal Regulations substitute—



Amendment of regulation 23
     8. In regulation 23 of the Principal Regulations, for sub-paragraph (5) substitute—


Malcolm Wicks
Minister of State for Energy Department of Trade and Industry

19th October 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Nuclear Industries Security Regulations 2003 (S.I. 2003/403) ("the Principal Regulations").

The principal amendment that these Regulations make is to replace regulation 22 of the Principal Regulations. The amended regulation 22 provides that the people to whom the regulation applies must maintain appropriate security standards to minimise risk of loss, theft or unauthorised disclosure of sensitive nuclear information or
uranium enrichment equipment or software. They must also ensure that each of their officers, employees, contractors and consultants, and their officers, employees, contractors and consultants, is familiar with the relevant security standards. They must also comply with any direction from the Secretary of State requiring specific steps to be taken or for the Secretary of State's approval regarding the use or employment of an officer, employee, contractor or consultant. They must also report to the Secretary of State any theft, unauthorised access or other matter which may affect the security of sensitive nuclear information or uranium enrichment equipment or software within the time specified with the detail specified.

Regulation 4 of the Principal Regulations is amended to make clear that the approved security plan for nuclear premises must describe the standards, procedures and arrangements in place to ensure the security of any software used or stored on the premises in connection with activities involving nuclear and other radioactive material.

Regulations 10 and 18 of the Principal Regulations are amended to make clear that it is only where it is not possible to provide a report regarding specified events relating the security of premises or nuclear material to the Secretary of State within 24 hours that an oral report should be made within 24 hours, followed by a written report within 48 hours of the relevant event becoming known.

Regulation 20 of the Principal Regulations is amended to make clear that a carrier transporting a vehicle carrying nuclear material to or from the United Kingdom does not need to comply with regulation 20 if the driver of the vehicle drives it on and off the ship and remains on the ship during the ship's journey.

A regulatory impact assessment in respect of these Regulations may be obtained from the Department of Trade and Industry, Energy Industries and Technologies Unit, 1 Victoria Street, London, SW1H 0ET. A copy has been placed in the library of each House of Parliament.


Notes:

[1] 2001 c.24; section 77 of the 2001 Act was amended by section 77 of the Energy Act 2004 (c.20).back

[2] S.I. 2003/403.back

[3] "Equipment" is defined in the 2001 Act (as amended) as including equipment that has not been assembled and its components.back

[4] The Nuclear Decommissioning Authority was established under section 1(1) of the Energy Act 2004 (c.20).back

[5] 1985 c.6; section 736 is substituted by the Companies Act 1989 (c.40), section 144(1).back



ISBN 0 11 075215 5


 © Crown copyright 2006

Prepared 30 October 2006


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