As no amendments were submitted, the bill goes straight to final division

Nuclear Safeguard Bill

A

Bill

To

implement new nuclear safeguard regulation, and connected purposes

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Amendments to the previous regulations

1. The Energy Act 2013 is amended as follows:
2. Section 72 is amended as follows:

Section 72: Nuclear Safeguarding PurposesIn This Part, the “nuclear safeguards purposes” means the purposes of—(a)ensuring compliance with nuclear safeguards regulations, as laid out in the Nuclear Act 2021.(b)ensuring compliance by the United Kingdom or, as the case may be, enabling or facilitating compliance by a Minister of the Crown, with a relevant international agreement, and(c)the development of any future obligations relating to nuclear safeguards.”

3) In Section 81 proposals about orders and regulations), in subsection (1)(a)—

(a)after sub-paragraph (i) insert—(ia)regulations under section 2 of the Nuclear Act 2021.(b)after sub-paragraph (iii) insert—(iiia)regulations under section 112(1B) (definition of “relevant international agreement”).

4) In Section 84 (investigations), in subsection (3) (b), after sub-paragraph (i) (but before the “or”) insert—

(ia)regulations under section 76A (nuclear safeguards regulations etc),(ib)regulations under section 112(1B) (definition of “relevant international agreement”),

5) Section 93 is omitted.

6) In Section 112, after subsection 1, insert:

(1A) “Relevant international agreement” means an agreement (whether or not ratified) to which the United Kingdom is a party and which relates to nuclear safeguards and a reference in this Part to a relevant international agreement is to the agreement as it has effect for the time being.(1B) The Secretary of State may lay regulations to specify relevant international agreements.(1C) References in subsection (1A) to an agreement to which the United Kingdom is a party include an undertaking given by the United Kingdom which—(a)relates to guidance or any other document issued by the International Atomic Energy Agency, and(b)is notified to the Agency by the United Kingdom.(1D) Before making regulations under subsection (1B), the Secretary of State must consult—(a)the ONR, and;(b)such other persons (if any) as the Secretary of State considers it appropriate to consult.(1E) Subsection (1D)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR

7) In section 118 (review of Part 3), in subsection (1), for “5 years” substitute “ 7 years ”.

8) In Schedule 9, paragraph 20, replace “any of the safeguards obligations” with “a relevant international agreement”

9) In the Nuclear Safeguard Act 2000, in Section 12 (4), replace “colony” with “British Overseas Territory”

10) The following retained European Union Law, retained by virtue of the European Union (Great Repeal) Act 2018, are hereby repealed:

(a) Commission Regulation (EURATOM) 302/2005(b) any Decision made by the Commission, made prior to the implementation of the Memorandum of Understanding on Future Cooperation Between The United Kingdom of Great Britain and Northern Ireland & The European Union (31st December 2020), which was directed to a person in the United Kingdom and in force upon Royal Assent, under—(i)Article 6 of Regulation (EURATOM) 302/2005; or;(ii) Articles 7 and 8 of Regulation (EURATOM) 3227/76(c) Euratom Basic Safety Standards Directive (2013/59/Euratom)

Section 2: Power to make Nuclear Safeguards

1. The Secretary of State, by regulation, may make provision, for the purposes of—

(a) ensuring that qualifying nuclear material, facilities or equipment are only available for use for civil activities (whether in the United Kingdom or elsewhere), or;(b) giving effect to the provisions of an international agreement.

2) The regulations may, for example, make provision relating to—

(a) record-keeping or accounting;(b) the provision or publication of information;(c) inspection or monitoring;(d) imports or exports;(e) the design of qualifying nuclear facilities or equipment;(f) the production, processing, use, handling, storage or disposal of qualifying nuclear material or equipment.

3) Until the issuing of regulations otherwise under the powers of this section, The Office for Nuclear Regulation (ONR) shall take up regulatory role assumed and procedures followed by the European Atomic Energy Community (Euratom) in obligations to operators of qualifying nuclear facilities, as established under Commission Regulation (EURATOM) 302/2005.

4) For the purposes of this Act, the following from the Energy Act 2013 apply in relation to regulations made under this Section, and generally this Act—

(a) section 74(3) to (5) (nuclear regulations);(b) section 75 (offences);(c) section 76 (civil liability), and;(d) paragraphs 2 to 16 of Schedule 6 (examples of provision that may be made by nuclear regulations).

5) Nothing in nuclear safeguards regulations applies in relation to anything done for defence purposes, as referenced in Section 70 of the Energy Act 2013.

6) For the purposes of this Section—

“civil activities” means—(a)production, processing or storage activities which are carried on for peaceful purposes;(b)electricity generation carried on for peaceful purposes;(c)decommissioning;(d)research and development carried on for peaceful purposes;(e)any other activity carried on for peaceful purposes;“equipment” has the meaning given by section 70(3) of the Energy Act 2013;“qualifying nuclear equipment” means equipment designed or adapted for use in connection with qualifying nuclear material or a qualifying nuclear facility;“qualifying nuclear material” means—(a) fissionable material specified in subsection (5) or in regulations made under subsection (6),(b) source material in the form of—(i)uranium metal, alloy or compound, or(ii)thorium metal, alloy or compound, or(c) ore containing a substance from which a source material falling within paragraph (b) is capable of being derived.

7) “Fissionable material” means—

(a) plutonium-239;(b) uranium-233;(c) uranium containing the isotopes 235 or 233 or both, in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; and(d) any material containing one or more of the materials described in sub-paragraphs (a) to (c).

8) The Secretary of State, may by regulations, specify additional fissionable material for the purposes of the definition of “qualifying nuclear material, following consultation with:

(a) the ONR, and(b)such other persons (if any) as the Secretary of State considers it appropriate to consult.

9) Subsection 8 does not apply if the regulations give effect, without modification, to proposals submitted by the ONR

Section 3: Radiation Emergency Preparedness and Carriage of Dangerous Goods

1. From the Commencement of this Act, the regulator enacting provisions related to emergency preparedness and responses in relation to premises in which work with ionising radiation takes place within Euratom Basic Safety Standards Directive (2013/59/Euratom) as retained procedure shall be undertaken by either:

(a) Health and Safety Executive; or(b) the Office for Nuclear Regulation in the event the premises is—(i)a licensed site;(ii)an authorised defence site;(iii)a new nuclear build site; or(iv)a nuclear warship site;(c) but in the event that an agreement has been reached between the Health and Safety Executive and the Office for Nuclear Regulation to transfer responsibility in respect of specific premises, the person to whom that responsibility was transferred;

2) The Secretary of State, by regulation, may replace retained procedure under paragraph 1 by regulation, subject to approval by resolution by the House.

3) In the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008, in regulation 3(1), for the words from “paragraph 2” to the end, substitute “Table B of Annex VII to Council Directive 2013/59/Euratom”.

4) In the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009, is amended as follows:

(a) In regulation 4, after paragraph (1), insert—“(1A) Part 5 of these Regulations also applies in relation to the carriage of class 7 goods by inland waterway.”;(b) in paragraph (2) of regulation 4, for “These Regulations” substitute “Parts 1 to 4, 6 and 7 of these Regulations”.(c) Replace the part 5 heading with “Radiation Emergencies and Notifiable Events”.(d) in regulation 24, substitute:(1) This Part applies in relation to the carriage of class 7 goods only.(2) Schedule 2 makes provision in connection with radiation emergencies and notifiable events(3) But this Part does not apply to carriage by vehicles or wagons belonging to or under the responsibility of one of the armed forces.

5) From the Commencement of this Act, the regulator enacting provisions related to emergency preparedness and responses in relation to the transport of radioactive materials in the UK by road, rail and inland waterway within Euratom Basic Safety Standards Directive (2013/59/Euratom) shall be followed under further regulations by the Secretary of State.

6) The Secretary of State, by regulation, may replace retained procedure under paragraph 5 by regulation, subject to approval by resolution by the House.

7) As a consequence of this section, the Radiation (Emergency Preparedness and Public Information) Regulations 2001 is hereby revoked.

Section 4: Payments in respect of compliance costs

1. The Secretary of State may by regulations authorise or require the ONR to make payments towards compliance costs.
2. “Compliance costs” means costs of complying with nuclear safeguards regulations or with specified provisions of nuclear safeguards regulations.
3. The ONR is responsible for determining the amounts of payments in accordance with any provision made by regulations under subsection (1).

Section 5: Transitional Provisions and Regulations

1. Consultations requirement, under Section 112 of the Energy Act 2013 or otherwise under this Act, may be satisfied by consultation occurring prior to the commencement of this Act.
2. Repealed Commission regulations, insofar as retained procedures as specified in this Act, are treated as in statute until such a time where the Secretary of State lays regulations under this Act to replace them.
3. Regulations under this Act, before coming into force, must be laid in draft to both Houses of Parliament.
4. Regulations under Section 2 of this Act are subject to annulment by either House of Parliament.

Section 6: Extent, Commencement and Short Title

1. This Act extends to the entirety of the United Kingdom.
2. This Act shall come into force immediately following Royal Assent.
3. This Act may be cited as the Civil Nuclear Act 2021.

This Bill is written by The Rt Hon. Sir /u/CountBrandenburg GCMG KCT KCB CVO CBE, Member of Parliament for Shropshire and Staffordshire, Spokesman for Housing, Communities and Local Government, on behalf of Coalition!

The Energy Act 2013

The Nuclear Safeguard Act 2000

The European Union Withdrawal (Great Repeal) Act 2018

Commission Regulation (EURATOM) 302/2005

Regulation (EURATOM) 3227/76

Euratom Basic Safety Standards Directive (2013/59/Euratom)

Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

Radiation (Emergency Preparedness and Public Information) Regulations 2001

Inspired by:

Nuclear Safeguards Act 2018

The Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019

The Carriage of Dangerous Goods (Amendment) Regulations 2019

The Radiation (Emergency Preparedness and Public Information) Regulations 2019

Opening Speech:

Mr Deputy Speaker,

Today’s bill is one that won’t be too interesting but one that is needed. Simply at the moment, the Office of Nuclear Regulation (henceforth the ONR) derives its responsibility from Euratom and the IAEA. Given we’ve left the former, we need to update statutory definitions to ensure that our obligations are pegged to international law and that our responsibilities are set ourselves now that we’ve withdrawn from Euratom.

What this does mainly is transcribe the Regulations from Euratom into domestic law - as prior to this, it was encompassed in the Commission regulation. There is obviously a need for a new domestic regulator, and that is found within the Office for Nuclear Regulation. Now the legislation governing safeguards irl are very unwieldy - The Nuclear Safeguards (EU Exit) Regulations 2019 is 54 regulations long already and I can’t hope to try condense it down for MHoC to understand- just they broadly follow the regulations under the repealed Community regulations. They are linked if you do want to read it, but frankly it would be a waste of our time to try scrutinise those regulations when they’re technical and would go on for pages. Incidentally the same can be said about the Radiation (Emergency Preparedness and Public Information) Regulations 2019, which is what is done effectively by the first two paragraphs of Section 3, and the Schedule of The Carriage of Dangerous Goods (Amendment) Regulations 2019 fulfilling the rest of Section 3. I am fine with making any adjustments as per advice of members of this house, but as it stands my only intention is to transfer the regulatory oversight by Euratom to the ONR and allow for further amendments as needed.

With our withdrawal from the EU and consequently, Euratom, we can no longer have Euratom act as a regulator beyond what is agreed in the MoU for trade and cooperation with the EU. As a third party, we should have high standards and ensure that there is alignment on nuclear material regulations, but there is an inevitability that the longer we avoid preparing these responsibilities, the less our civil nuclear facilities are able to function safely without domestic regulator oversight. It’s time to give ONR this crucial responsibility at last!

Lords may Vote Content, Not Content, or Present

Vote ends on the 17th December at 10pm GMT