Regulation 5 Particular safeguard provisionsI1

United Kingdom

(1)

Acting on the F1information 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 impose particular safeguard provisions on an operator in respect of a qualifying nuclear facility, which—

(a)

relate to the matters set out in paragraph (4); and

F2(b)

take account of any—

(i)

obligations under a relevant international agreement; and

(ii)

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

(2)

The ONR must provide the operator with written notice of any particular safeguard provisions which it has imposed.

(3)

If an operator has received a written notice referred to in paragraph (2) it must, from the date of receipt or from the date set out in the notice if later, comply with the requirements of the particular safeguard provisions.

(4)

The particular safeguard provisions may include the following—

(a)

the material balance areas and the selection of key measurement points for determining the flow and stocks of qualifying nuclear material;

(b)

the changes in F3design information for which advance notification is required;

(c)

the procedures for keeping records of qualifying nuclear material for each material balance area and for drawing up reports;

(d)

the frequency of, and procedures for, taking physical inventories;

(e)

the safeguards equipment;

(f)

the arrangements for sample taking by the operator;

(g)

the content of subsequent communications from the operator required under regulation 4 (programme of activities);

(h)

the conditions under which shipments and receipts of qualifying nuclear material require advance notification;

F4(i)

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

F5(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

Textual amendments

F1: Words in reg. 5(1) substituted (10.7.2026) by The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026 (S.I. 2026/835), regs. 1(2), 6(a)(i)
F2: Reg. 5(1)(b) substituted (10.7.2026) by The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026 (S.I. 2026/835), regs. 1(2), 6(a)(ii)
F3: Words in reg. 5(4)(b) substituted (10.7.2026) by The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026 (S.I. 2026/835), regs. 1(2), 6(b)(i)
F4: Reg. 5(4)(i) inserted (10.7.2026) by The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026 (S.I. 2026/835), regs. 1(2), 6(b)(ii)
F5: Reg. 5(5)-(7) inserted (10.7.2026) by The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026 (S.I. 2026/835), regs. 1(2), 6(c)

Commencement

I1: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)