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Regulation 6 Amendment to regulation 5

Original text. Later amendments are not shown.

In regulation 5 (particular safeguard provisions)—

(a)

in paragraph (1)—

(i)

in the words before sub-paragraph (a), for the words from “basic technical characteristics” to “relevant technical characteristics” substitute “information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information”;

(ii)

for sub-paragraph (b) substitute—

“(b)

take account of any—

(i)

obligations under a relevant international agreementf1; and

(ii)

relevant operational and technical constraints on the operator and the qualifying nuclear facility.”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (b), for “basic technical characteristics” substitute “design information”;

(ii)

after sub-paragraph (h) insert—

“(i)

any other procedure, arrangement or equipment the ONR considers necessary or appropriate to give effect to an obligation under a relevant international agreement.”;

(c)

after paragraph (4) insert—

“(5)

Having reviewed the information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information with the operator, the ONR may amend any particular safeguard provision imposed under paragraph (1) provided the amended provision meets the requirements of sub-paragraphs (a) and (b) of that paragraph.

(6)

Paragraphs (2) and (3) apply in relation to an amended particular safeguard provision.

(7)

The ONR may, by written notice to the relevant operator, withdraw any particular safeguard provision imposed under paragraph (1) where the ONR considers it is no longer necessary or appropriate.”.

Annotations

Footnotes

f1

“Relevant international agreement” is defined in section 112(1) of the Energy Act 2013 as having the meaning given in section 112(1A), which refers to agreements specified in regulations under subsection (1B). Regulation 3 of the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019 (S.I. 2019/195) specifies agreements for this purpose.