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The Nuclear Safeguards (EU Exit) Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111175545

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under sections 113(2)(a), (aa) and (c) and 113(3)(a) and (c) of the Energy Act 2013 and section 2(5) of the Nuclear Safeguards Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Nuclear Safeguards

Made ***

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 74(3), 75, 76A(1), (2), (3), (5) and (7), 112(1B), 113(7), of and paragraphs 6, 7, 11, 13(1) and 14 of Schedule 6 to the Energy Act 2013f1 and by sections 2(1) and (3) of the Nuclear Safeguards Act 2018f2.

In accordance with sections 76A(8)(a) and (b) and 112(1D) of the Energy Act 2013 the Secretary of State has consulted the ONR and such other persons as the Secretary of State considers it appropriate to consult.

In accordance with section 113(2)(a), (aa) and (c) and 113(3)(a) and (c) of the Energy Act 2013 and with section 2(5) of the Nuclear Safeguards Act 2018, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2013 c. 32. Part 3 of the Act, which relates to Nuclear Regulation, has been amended but in respects which are not relevant to these Regulations.

f2

2018 c. 15.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Accountancy and control, records and the provision of information by an operator
  5. 3Declaration of basic technical characteristics
  6. 4Programme of activities
  7. 5Particular safeguard provisions
  8. 6Accountancy and control of qualifying nuclear material
  9. 7Accountancy and control plan
  10. 8Replacement, amendment and revocation of accountancy and control plan
  11. 9Operation of an accountancy and control plan
  12. 10Operating records
  13. 11Accounting records
  14. 12Accounting reports
  15. 13Initial book inventory
  16. 14Inventory change report
  17. 15Material balance report and physical inventory listing
  18. 16Special report
  19. 17Unusual occurrences
  20. 18Reporting of nuclear transformations
  21. 19Additional reporting obligations arising from relevant international agreements and from obligations resulting from international trade
  22. 20Weight units and categories of qualifying nuclear materials
  23. Part 3: Exports and imports
  24. 21Exports
  25. 22Imports
  26. 23Loss or delay during transfer
  27. 24Communication of change of date
  28. Part 4: Carriers and temporary storage agents
  29. 25Carriers and temporary storage agents
  30. 26Intermediaries
  31. Part 5: Ores
  32. 27Accounting records for ores
  33. 28Ore shipment and export reports
  34. Part 6: Qualifying nuclear material in the form of conditioned and retained waste
  35. 29Stock list and accounting records for conditioned and retained waste
  36. 30Transfers of conditioned waste
  37. Part 7: Qualifying nuclear facility with limited operation and exemption
  38. 31Declaration of basic technical characteristics, stock list and accounting records for qualifying nuclear facility with limited operation
  39. 32Exemption
  40. Part 8: Civil activities
  41. 33Withdrawal from civil activities
  42. 34Qualifying nuclear facilities which are used partly for civil activities
  43. Part 9: Communication
  44. 35Communication with the ONR
  45. Part 10: Safeguards equipment
  46. 36Safeguards equipment
  47. 37Access to safeguards equipment
  48. 38Interference with safeguards equipment
  49. Part 11: The ONR
  50. 39Inspections by the ONR
  51. 40Publication of information by the ONR
  52. 41ONR to provide an annual report to the Secretary of State
  53. 42Provision of information to the Agency
  54. Part 12: Offences
  55. 43Offences
  56. Part 13: Notification to the Secretary of State
  57. 44The Secretary of State may issue written advice
  58. 45Notification of receipt, production and transfer
  59. 46Form of notification
  60. 47Notification of change
  61. 48Continued application
  62. 49Interpretation
  63. Part 14: General
  64. 50Extent
  65. 51General consequential and supplementary amendments Part 1 of Schedule 3
  66. 52General consequential amendments Part 2 of Schedule 3
  67. 53Transitional provisions
  68. 54Review
  69. Signature
  70. Schedule 1
  71. 1QUESTIONNAIRE FOR THE DECLARATION OF THE BASIC TECHNICAL CHARACTERISTICS OF A QUALIFYING NUCLEAR FACILITY
  72. 2INVENTORY CHANGE REPORT
  73. 3MATERIAL BALANCE REPORT (MBR)
  74. 4PHYSICAL INVENTORY LISTING (PIL)
  75. 5ADVANCE NOTIFICATION OF EXPORTS/SHIPMENTS OF QUALIFYING NUCLEAR MATERIAL
  76. 6ADVANCE NOTIFICATION OF IMPORTS/RECEIPTS OF QUALIFYING NUCLEAR MATERIAL
  77. 7REPORT OF ORE EXPORTS/SHIPMENTS
  78. 8OUTLINE PROGRAMME OF ACTIVITIES
  79. 9Part 9
  80. 10Part 10
  81. 11REQUEST FOR A QUALIFYING NUCLEAR FACILITY WITH LIMITED OPERATIONS
  82. 12ADVANCE NOTIFICATION OF INTENDED WITHDRAWAL OF QUALIFYING NUCLEAR MATERIAL FROM CIVIL ACTIVITIES
  83. Schedule 2The Components of an Accountancy and Control System
  84. Schedule 3: Consequential and supplementary amendments for Nuclear Safeguards Act 2000 and related legislation
  85. Part 1
  86. 1Nuclear Safeguards and Electricity (Finance) Act 1978
  87. 2Nuclear Safeguards and Electricity (Finance) Act 1978
  88. 3Nuclear Safeguards and Electricity (Finance) Act 1978
  89. 4Nuclear Safeguards and Electricity (Finance) Act 1978
  90. 5Nuclear Safeguards and Electricity (Finance) Act 1978
  91. 6Nuclear Safeguards and Electricity (Finance) Act 1978
  92. 7Nuclear Safeguards Act 2000
  93. 8Nuclear Safeguards Act 2000
  94. 9Nuclear Safeguards Act 2000
  95. 10The Nuclear Safeguards (Notification) Regulations 2004
  96. 11The Nuclear Safeguards (Notification) Regulations 2004
  97. 12The Nuclear Safeguards (Notification) Regulations 2004
  98. 13The Nuclear Safeguards (Notification) Regulations 2004
  99. Part 2: General consequential and supplementary amendments
  100. 14Revocation of retained EU law
  101. Schedule 4: Transitional provisions
  102. 1Declaration of basic technical characteristics
  103. 2Initial book inventory
  104. 3Inventory change report
  105. 4Material balance report
  106. 5Stock list for conditioned and retained waste held on commencement day
  107. 6Advance notification or report
  108. 7Advance notification on or after commencement day
  109. 8Accountancy and control of qualifying nuclear material
  110. 9Operator of qualifying nuclear facility with limited operation
  111. Explanatory note