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Paragraph 63

(1)

Schedule 14 (enforcement) is amended as follows.

(2)

For paragraph 1(a) substitute—

“(a)

subject to sub-paragraph (aa), it shall be the duty of the Executive to make adequate arrangements for the enforcement of these Regulations;”.

(3)

After paragraph 1(a) insert—

“(aa)

it shall be the duty of the Office for Nuclear Regulation to make adequate arrangements for the enforcement of these Regulations as they apply to—

(i)

any person who places on the market or supplies a relevant product intended exclusively or primarily for use on a GB nuclear site;

(ii)

any person who puts a relevant product into service on a relevant nuclear site;

(ab)

accordingly a reference to the provisions applied for the purposes of such enforcement by sub-paragraph (b) below to an “enforcing authority” shall be construed as a reference to the Executive or the Office for Nuclear Regulation (as the case may be).”.

(4)

In paragraph 2—

(a)

for “An enforcement authority” substitute “ The Executive ”;

(b)

After paragraph 2(1) insert—

“(1A)

The Office for Nuclear Regulation may apply under this paragraph for an order for the forfeiture of any relevant product on the grounds that there has been a contravention in relation thereto of—

(a)

regulation 6 in so far as it applies to—

(i)

the placing on the market of any relevant product which is intended exclusively or primarily for use on a GB nuclear site;

(ii)

putting a relevant product into service on a relevant nuclear site;

(b)

regulation 7 in so far as it applies to the supply of any relevant product intended exclusively or primarily for use on a GB nuclear site;

(c)

regulation 8 in so far as it applies to the placing on the market of any component intended exclusively or primarily for use on a GB nuclear site;”.

(5)

In paragraph 4 for “enforcement authority” substitute “ Executive or the Office for Nuclear Regulation ”.

(6)

In paragraph 6 for “enforcement authority” substitute “ Executive or the Office for Nuclear Regulation ”.

(7)

In paragraph 7—

(a)

after the definition of “the 1974 Act” insert—

  • ““GB nuclear site” has the meaning given in section 68 of the Energy Act 2013;

  • “relevant nuclear site” means a site which is—

    1. (a)

      a GB nuclear site;

    2. (b)

      an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);

    3. (c)

      a new nuclear build site (within the meaning given in regulation 2A of those Regulations).”.