C3 Relationship between Acts

Question 1

C3 Legal Relationships
What are the main inter-relationships and distinctions between HSWA, TEA13 and NIA 65

Answer 1

Four elements plus qualifier
I will describe what I consider to be the four most influential interrelationships as follows:

1. Firstly, HSWA74, sections 2,3 and 6 creates broad duties on employers, employees and manufacturers to ensure SFAIP, the H+S of workers and the public. This encompasses conventional and nuclear safety risk.
2. There is mutual recognition between HSWA74 and TEA13, of ONR as enforcing authority on GB nuclear sites and elsewhere, as defined by the EA regs 98.
3. NIA65 is an RSP of TEA13. This provides a clear legal definition of the enforcement route for the LCs. The LCs being an important means of regulatory control.
4. TEA13 as a piece of administrative law creates ONR’s function and purposes and a duty upon it to enforce the RSPs.
5. Detailed nuances on duties and powers omitted for clarity.

Question 2

C3 legal Relationships
What are the types of law in the UK and who are they aimed at

Answer 2

Criminal law, which defines and punishes crimes against society, such as murder, theft, or fraud.

Civil law, which deals with disputes between private parties, such as contracts, torts, or property.

Administrative law, which regulates the actions of government agencies, such as taxation, health, or education

All of the law applies equally
Case law evolves as a consequence of the judiciary’s role in legal discovery of acts set by the legislature

Question 3

What are ONR’s purposes

Answer 3

There are five purposes defined under TEA 13, s 67:
1. Nuclear safety - protecting persons against the risk of ionising radiation from GB nuclear sites.
2. Nuclear site healthand safety - securing H+S+W of persons on GB nuclear sites and protecting the public.
3. Security - of civil nuclear premises of material,equipment, software and SNI.
4. Safeguards - ensuring compliance with safeguards obligations and international treaties.
5. Transport - protecting against the risks from transportation of radioactive material in GB.