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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Nuclear Safeguards (EU Exit) Regulations 2019 (S.I. 2019/196) (the 2019 Regulations) and the Nuclear Safeguards (Fees) Regulations 2021 (S.I. 2021/1406) (the 2021 Regulations). The 2019 Regulations require operators of qualifying nuclear facilities (as defined in section 76A(6) of the Energy Act 2013 (c. 32)) to maintain a system of accountancy and control of qualifying nuclear material, record and report specified information to the Office for Nuclear Regulation (the ONR) and/or the Secretary of State, and enable the ONR to verify compliance. The 2021 Regulations prescribe the fees payable by operators to the ONR for the costs incurred in exercising its functions under the 2019 Regulations (among other things).

The following amendments update and clarify existing requirements in the 2019 Regulations:

  • Regulations 3, 4(2)(e)(ii), 5, 7(a), 10, 15(c), 21(a), 30, 31(3)(b) and (4), and 32(c) update definitions and terminology.

  • Regulations 4(2)(a), 8, 12, 33(a) and (c) omit transitional provisions relating to the commencement of the 2019 Regulations.

  • Regulation 6(a)(i) specifies additional information which may be relevant to the imposition of particular safeguard provisions.

  • Regulation 15(d) and (e) clarifies that the requirements for notifications specified in regulation 20(3) of the 2019 Regulations does not apply to design information.

  • Regulation 25 requires communications with the ONR to be signed and dated and omits provision for communications to be sent to the ONR by post or delivered in person.

  • Regulation 29(b) omits provision for communications to be sent to the Secretary of State by post or delivered in person.

  • Regulation 31(a) and the Schedule substitute the information about qualifying nuclear facilities that operators must declare to the ONR.

  • Regulation 35 clarifies that the fees referred to in regulation 3 of the 2021 Regulations must be determined by the ONR so as to recover the costs reasonably incurred.

The following amendments make substantive changes:

  • Regulations 4(2)(b)(ii)(cc), 20, 33(b)(i)(aa) and 36(d) omit requirements relating to the extraction of ore from which source material may be obtained.

  • Regulation 4(2)(c) specifies the requirements for the declaration of design information in respect of re-purposed facilities.

  • Regulation 6(a)(ii) and (b)(ii) specifies that particular safeguard provisions must take account of, and may give effect to, obligations under a relevant international agreement.

  • Regulation 6(c) makes provision for the amendment or withdrawal of particular safeguard provisions.

  • Regulation 13 omits the requirement to report increases in qualifying nuclear material as a result of any unusual incident or circumstances.

  • Regulation 15(a) and (b) requires the reporting of quantities of qualifying nuclear material in grams (up to a maximum of three decimal places) unless a different unit of measurement is required.

  • Regulation 19 omits the requirement for intermediaries involved in the conclusion of contracts for the supply of qualifying nuclear material to retain records of the transaction.

  • Regulation 21(b) replaces the requirement to provide the ONR with an initial stock list of conditioned and retained waste that is treated or stored with a requirement to provide the most recently updated stock list, on request.

  • Regulation 22 harmonises the requirements for the declaration of the transfer of conditioned or retained waste into or out of a qualifying nuclear facility.

  • Regulation 24 replaces the exemption from the 2019 Regulations for persons who hold only end products which are used for non-nuclear purposes with an exemption that applies in respect of such products.

  • Regulation 27 omits the requirement for ONR to provide an annual report to the Secretary of State.

  • Regulation 28(a) and (b) provides that failure to comply with regulations 3(2A) or 5(3) of the 2019 Regulations constitutes an offence.

  • Regulation 32(a) and (d) specifies additional requirements for an accountancy and control system relating to staffing, equipment, resources and other arrangements.

  • Regulation 33(b)(ii) omits the requirement to update the accounting records retained under paragraph 8(1) of Schedule 4 to the 2019 Regulations.

  • Regulation 36(a)(i), (b) and (e) inserts provision in the 2021 Regulations for the charging of fees in respect of the ONR’s functions under regulations 3(2A), 5(5) and (7) and 29(2) of the 2019 Regulations.

The following amendments alter the time periods applicable to existing obligations in the 2019 Regulations:

  • Regulations 4(2)(d) and 23(2)(b)(ii) shorten the period in which an operator must inform the ONR of a change in design information.

  • Regulations 7(c), 18, 21(c), 33(b)(i)(bb) extend the period for which operators must retain specified information.

  • Regulation 9(c) shortens the period in which an operator must send the ONR an amended accountancy and control plan.

  • Regulations 16 and 17 increase the number of days’ notice operators must give the ONR for exports and imports of qualifying nuclear material.

  • Regulation 29(a) extends the deadline by which persons must provide notice to the Secretary of State of the receipt or production of relevant items or qualifying nuclear material, and increases the number of days’ notice required for the proposed transfer of such items or material.

The remainder of the Regulations make amendments that are consequential to the amendments mentioned above, except for regulation 37 which makes transitional provision.

A full impact assessment has not been produced for the Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.