Regulation 3 Amendment of regulation 2

(1)

In regulation 2(1) of the Principal Regulations—

(a)

insert in the appropriate place—

““nuclear construction site” has the meaning given in section 77(7) of the 2001 Act;”;

(b)

in the definition of “nuclear premises” for sub-paragraph (a) substitute—

“(a)
a nuclear site, other than one in relation to which all nuclear material or other radioactive material that was used or stored has been removed as part of the decommissioning (within the meaning given in Chapter 1 of Part 1 of the Energy Act 2004^f1) of that site;”;

(c)

after sub-paragraph (a) insert—

“(aa)
a nuclear construction site on which works are being carried out—

(i)
by a developer; and

(ii)
pursuant to the grant or issue of a relevant consent, without which the carrying out of those works would be unlawful;”.

(2)

After regulation 2(1) of the Principal Regulations insert—

“(1A)
For the purposes of sub-paragraph (aa) of the definition of “nuclear premises”—

“developer” means a person who is lawfully entitled to carry out works on a site with a view to its becoming a nuclear site;

“relevant consent” means—

(a)

development consent within the meaning of section 31 of the Planning Act 2008^f2;

(b)

planning permission—
(i)

within the meaning of section 336 of the Town and Country Planning Act 1990^f3;

(ii)

within the meaning of section 277 of the Town and Country Planning (Scotland) Act 1997^f4;

(iii)

within the meaning of article 2(2) of the Planning (Northern Ireland) Order 1991^f5;

(c)

an order under section 14 or 16 of the Harbours Act 1964^f6;

(d)

an order under section 1 of the Harbours Act (Northern Ireland) 1970^f7;

(e)

an order under section 10 of the Harbours Act (Northern Ireland) 1970.”.

(3)

In regulation 2(2) of the Principal Regulations, after sub-paragraph (a) insert—

“(aa)
in the case of a nuclear construction site falling within sub-paragraph (aa) of the definition of “nuclear premises”, the developer;”.

Annotations

Footnotes

f1: 2004 c. 20. Amendments have been made to this Chapter which are not relevant for these purposes.
f2: 2008 c. 29. Amendments have been made to this Act which are not relevant for these purposes.
f3: 1990 c. 8. Amendment of the definition of ‘planning permission’ was made by section 84(6) of, and Schedule 19 to, the Planning and Compensation Act 1991 (c. 34) and by S.I. 2006/1281. Other amendments have been made which are not relevant for these purposes.
f4: 1997 c. 8. Amendment of the definition of ‘planning permission’ was made by S.S.I. 2006/243. Part III has been amended by the Planning etc. (Scotland) Act 2006 (asp 17).
f5: S.I. 1991/1220 (N.I.11). Article 2(2) was amended by Article 37(2) of Schedule 2 to the Planning (Amendment) (Northern Ireland) Order 2003 (2003/430 (N.I.8)). Other amendments have been made which are not relevant for these purposes.
f6: 1964 c. 40. Sections 14 and 16 were amended by sections 18 and 40 of, and Schedule 6 and Part 2 of Schedule 12 to, the Transport Act 1981 (c. 56); by section 63 of, and paragraph 1(2) to (6) of Schedule 3 to, the Transport and Works Act 1992 (c. 42); by sections 37 and 46 of the Criminal Justice Act 1982 (c. 48); by regulation 2 of, and Part 1 of the Schedule to, S.I. 2006/1177; by section 36 of, and paragraphs 8 to 10 of Schedule 2 to, the Planning Act 2008 (c. 29). Section 14 was amended by article 2(1) of, and paragraph 12(1) and (2)(a) and (b) of Schedule 1 to, S.I. 2009/1941. Section 16 was amended by section 315 of, and paragraphs 1 and 2 of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23). All functions of a Minister of the Crown under sections 14 and 16 of the 1964 Act relating to fishery harbours, in so far as exercisable in relation to Wales, are transferred to the National Assembly for Wales by article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (as amended by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253)), except in so far as provided for by article 2(b) to (f) of the 1999 Order. The functions of the Minister of Agriculture, Fisheries and Food are transferred, in so far as they relate to fishery harbours, to the Secretary of State by article 2(1)(b) of the Transfer of Functions (Fishery Harbours) Order 2001 (S.I. 2001/3503).
f7: NI 1970 c. 1.