C2 Legal Basis of Enforcement

Question 1

C2 - Legal Basis
What is the legal basis of ONR’s enforcement of safety?

Answer 1

ONR’s legal basis for enforcement is given by two pieces of enabling legislation, namely the Health and Safety at Work Act, 1974, and The Energy Act, 2013.

Question 2

C2 - Legal Basis
Explain the basis on which ONR is the enforcing authority for relevant primary legislation.

Answer 2

HSWA s18 states that the ONR is responsible for enforcement of the RSPs as they apply to GB nuclear sites. The RSPs under HSWA are defined in s53 (interpretation). GB nuclear site means a licensed site in England Scotland or Wales, or one for which a period of responsibility has not ended.

Further powers come from The Energy Act, 2013, Part 3, Chapter 4, s82, which states that the ONR must make adequate arrangements for the enforcement of RSPs. The RSPs under TEA13 are defined in s82.

Clarification under HSWA is provided by the Enforcing Authority Regulations 1998, section 4A which state ONRs viries for enforcement on new nuclear build sites and authorised defence sites.

Question 3

C2 - Legal Basis
State the RSPs of HSWA

Answer 3

3 elements-

Part 1 of the act, sections 1-54

Regulations made under section 15 eg. PUWER 98 and LOLER 98 + CDM 15 and MHSW Regs 99. EA regs 98 also made. Probably the most important group of RSPs.

Schedule 1 existing enactments eg. Explosives act 1875.

Question 4

C2 - Legal Basis
State the RSPs of TEA13

Answer 4

4 elements-

The act Part 3 (Nuclear Regulation) Ch 1-5. These provide the basis for much of ONR’s corporate policy and procedures.

Nuclear regulations - NISR 2003 (Security) and CDG 2009 (Class7)
IRR 2017 (Transport)

The safeguards Act 2019

NIA 65 sections 1, 2-3, 22 and 24A.
This is an enabling act in its own right. It provides for the implementation of the license conditions and associated powers.