Paragraph 11 Continuity of exercise of functions by inspectors

(1)

Anything which immediately before 1st April 2014 is in the process of being done by or in relation to an HSE nuclear health and safety inspector may be continued on or after that date by or in relation to a health and safety inspector.

(2)

Anything done (or having effect as if done) before 1st April 2014 by or in relation to an HSE nuclear health and safety inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to a health and safety inspector.

(3)

Any instrument or document made before 1st April 2014 has effect on and after that date so far as is required for the purposes or in consequence of the transfer of any function of an HSE nuclear health and safety inspector as if references to an HSE nuclear health and safety inspector (and references which are to be read as references to an HSE nuclear health and safety inspector) were or included references to a health and safety inspector.

(4)

Anything which, immediately before 1st April 2014 is in the process of being done by or in relation to a nuclear inspector may be continued on or after that date by or in relation to an ONR inspector in the exercise of the ONR inspector's powers or duties as such.

(5)

Anything done (or having effect as if done) before 1st April 2014 by or in relation to a nuclear inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to an ONR inspector in the exercise of the ONR inspector's powers or duties as such.

(6)

Any instrument or document made before 1st April 2014 has effect on and after that date so far as is required for the purposes or in consequence of the transfer of any function of a nuclear inspector as if references to a nuclear inspector (and references which are to be read as references to a nuclear inspector) were or included references to an ONR inspector.

(7)

Anything which immediately before 1st April 2014 is in the process of being done by or in relation to—

(a)

an HSE working time inspector may be continued on or after that date by or in relation to an ONR working time inspector;

(b)

an HSE ELCI inspector may be continued on or after that date by or in relation to an ONR ELCI inspector.

(8)

Anything done before 1st April 2014—

(a)

by or in relation to an HSE working time inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to an ONR working time inspector;

(b)

by or in relation to an HSE ELCI inspector is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to an ONR ELCI inspector.

(9)

Any instrument or document made before 1st April 2014 has effect on and after that date so far as is required for the purposes of or in consequence of the transfer of any function of an HSE working time inspector or an HSE ELCI inspector as if references to an HSE working time inspector or an HSE ELCI inspector (and references which are to be read as references to an HSE working time inspector or an HSE ELCI inspector) were or included references to an ONR working time inspector or (as the case may be) an ONR ELCI inspector.

(10)

In this paragraph—

(a)

“HSE ELCI inspector” means an inspector authorised by the HSE in exercise of powers conferred on the Secretary of State by section 4(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 and pursuant to the ELCI Agreement;

(b)

“HSE working time inspector” means an inspector—

(i)

appointed by the HSE under regulation 28(7) of and paragraph 1(1) of Schedule 3 to the Working Time Regulations 1998; and

(ii)

acting within the field of responsibility of the HSE (within the meaning of those Regulations) so far as it becomes the ONR's field of responsibility on 1st April 2014 by virtue of Schedule 3 to this Order;

(c)

“ONR ELCI inspector” means an inspector authorised by the ONR in exercise of powers conferred on the Secretary of State by section 4(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 and pursuant to an agreement under section 90 of the 2013 Act between the ONR and the Secretary of State;

(d)

“ONR working time inspector” means an inspector appointed by the ONR under regulation 28(7) of and paragraph 1(1) of Schedule 3 to the Working Time Regulations 1998.