Office of Public Sector Information
PART 1 continued CHAPTER 3 continued
(1) The Police Authority must comply with directions given by the Secretary of State under Schedule 13.
(2) The Secretary of State must exercise his powers under this Chapter in such manner, and to such extent, as appears to him best calculated to promote the efficiency and effectiveness of the Constabulary.
(3) The Police Authority must pay to the Secretary of State such amounts as he may determine in respect of things done by him for or in relation to the Authority or its employees in connection with matters relating to security.
(4) The Secretary of State must pay sums received by him under subsection (3) into the Consolidated Fund.
(1) The Secretary of State may approve a body (whether corporate or unincorporate) as the body approved to carry out the functions conferred by this section.
(2) The body approved by the Secretary of State shall be known as the Civil Nuclear Police Federation.
(3) The function of the Civil Nuclear Police Federation shall be to represent members of the Constabulary (other than senior officers) in all matters affecting their welfare and efficiency.
(4) Those matters do not include—
(a) the promotion in rank of particular individuals; or
(b) (except to the extent provided in subsection (5)) discipline matters affecting particular individuals.
(5) The Civil Nuclear Police Federation may represent a member of the Constabulary (other than a senior officer)—
(a) at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or
(b) on an appeal under any such arrangements from a decision in such proceedings.
(6) But representation under subsection (5) must comply with any restrictions imposed by section 66.
(7) Except so far as otherwise authorised by the Secretary of State, the Civil Nuclear Police Federation must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.
(8) But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.
(9) An authorisation for the purposes of subsection (7)—
(a) may be given either conditionally or unconditionally; and
(b) may be varied or revoked at any time.
(10) Only the following have appropriate police connections for the purposes of this section—
(a) persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in Great Britain or of the Police Service of Northern Ireland;
(b) persons not falling within paragraph (a) who are members of or employed by the Police Authority;
(c) a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);
(d) the Police Association for Northern Ireland;
(e) a rank-related association;
(f) a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).
(1) The Secretary of State may approve one or more bodies (whether corporate or unincorporate) as bodies approved to carry out the functions conferred by this section.
(2) A body approved by the Secretary of State under this section shall be known as a rank-related association.
(3) The function of a rank-related association shall be to represent, in all matters affecting their welfare and efficiency, members of the Constabulary who—
(a) are not members of the Civil Nuclear Police Federation or of another rank-related association; and
(b) hold such ranks as may be specified in the approval given for the purposes of this section by the Secretary of State.
(4) Those matters do not include—
(a) the promotion in rank of particular individuals; or
(b) (except to the extent provided in subsection (5)) discipline matters affecting particular individuals.
(5) A rank-related association may represent a member of the association—
(a) at disciplinary proceedings conducted in accordance with arrangements made by the Police Authority; or
(b) on an appeal under any such arrangements from a decision in such proceedings.
(6) But representation under subsection (5) must comply with any restrictions imposed by section 66.
(7) Except so far as otherwise authorised by the Secretary of State, a rank-related association must be entirely independent of, and unassociated with, bodies and other persons who are without appropriate police connections.
(8) But it may employ in an administrative or advisory capacity persons who are without appropriate police connections.
(9) An authorisation for the purposes of subsection (7)—
(a) may be given either conditionally or unconditionally; and
(b) may be varied or revoked at any time.
(10) In relation to a rank-related association, only the following have appropriate police connections for the purposes of this section—
(a) persons within the service of the Constabulary, of the Ministry of Defence Police, of the British Transport Police Force, of a police force for a police area in Great Britain or of the Police Service of Northern Ireland;
(b) persons not falling within paragraph (a) who are members of or employed by the Police Authority;
(c) the Civil Nuclear Police Federation;
(d) another rank-related association;
(e) a federation referred to in section 59 of the Police Act 1996 (c. 16), section 3 of the Ministry of Defence Police Act 1987 (c. 4) or section 39 of the Railways and Transport Safety Act 2003 (c. 20) (police federations);
(f) the Police Association for Northern Ireland;
(g) a body recognised under, and for the purposes specified in, section 64(5) of the Police Act 1996 or section 35(4) of the Police (Northern Ireland) Act 1998 (c. 32) (recognition of other bodies for trade union purposes).
(1) This section applies where disciplinary proceedings conducted in accordance with arrangements made by the Police Authority may lead to a member of the Constabulary who is not a senior officer being—
(a) dismissed;
(b) required to resign; or
(c) reduced in rank.
(2) The member of the Constabulary must be given an opportunity to elect to be legally represented—
(a) in those proceedings; and
(b) on any appeal under the arrangements.
(3) If he so elects, he may be represented, at his option, by counsel or by a solicitor.
(4) The member of the Constabulary, if he is not legally represented, may be represented in the proceedings or on an appeal only by a person who is—
(a) a member of the Constabulary;
(b) a member of a police force maintained under the Police Act 1996 (c. 16);
(c) a constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77);
(d) a constable of the British Transport Police Force; or
(e) a member of the Ministry of Defence Police.
(1) A member of the Constabulary must not be a member of—
(a) a trade union; or
(b) an association whose objects are or include controlling or influencing the pay, pensions or conditions of service of members of the Constabulary.
(2) Subsection (1) does not prevent a member of the Constabulary—
(a) from being a member of the Civil Nuclear Police Federation;
(b) from being a member of a rank-related association; or
(c) with the consent of the chief constable, from continuing to be a member of a trade union to which he belonged before becoming a member of the Constabulary.
(3) In this section “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).
(1) The references in section 89(1) and (2) of the Police Act 1996 and section 41(1) and (2) of the Police (Scotland) Act 1967 (assaults on constables) to a constable in the execution of his duty shall have effect as if they included references to a member of the Constabulary who—
(a) is exercising any of the powers or privileges conferred on him by section 56; or
(b) is otherwise performing his duties under the direction and control of the chief constable or as an employee of the Police Authority.
(2) Section 90 of the Police Act 1996 (impersonation of member of a police force) shall have effect as if the references to a member of a police force included references to a member of the Constabulary.
(3) In section 91 of the Police Act 1996 (causing disaffection), for subsection (2) substitute—
“(2) This section applies in the case of—
(a) special constables appointed for a police area,
(b) members of the Civil Nuclear Constabulary, and
(c) members of the British Transport Police Force,
as it applies in the case of members of a police force.”
(4) In section 42 of the Police (Scotland) Act 1967 (c. 77) (causing disaffection), after subsection (2) insert—
“(3) In this section—
(a) references to the constables of any police force include references to the members of the Civil Nuclear Constabulary; and
(b) references to a constable include references to a member of that Constabulary.”
(5) In section 43 of the Police (Scotland) Act 1967 (impersonation of police)—
(a) in subsection (1)(b) (wearing a police uniform without permission), after “without” insert “being a member of the Civil Nuclear Constabulary or having”; and
(b) in subsection (3), after “police authority” insert “or by the Civil Nuclear Police Authority”.
(6) After subsection (3) of that section insert—
“(3A) In its application to articles of the uniform of the Civil Nuclear Constabulary, subsection (1)(b) has effect as if for the words “or having the permission of the police authority for the police area in which he is” there were substituted the words “and in circumstances where it gives him an appearance so nearly resembling that of a constable as to be calculated to deceive”.
(3B) For the purposes of this section—
(a) “constable” includes a member of the Civil Nuclear Constabulary; and
(b) any reference to “police” includes a reference to that Constabulary.”
(7) In any enactment—
(a) references to a person’s being in the custody of a constable, or to his being detained in the charge of a constable, include references to his being detained by a member of the Constabulary in the exercise of any of the powers or privileges conferred on him by section 56; and
(b) references to a person’s accompanying a constable include references to his accompanying a member of the Constabulary.
(1) Schedule 14 (which contains minor amendments relating to the Constabulary) has effect.
(2) The Secretary of State may by order make such modifications of subordinate legislation as appear to him to be appropriate in consequence of any provision of this Chapter.
(3) Orders under subsection (2) are subject to the negative resolution procedure.
(1) The Secretary of State must make a nuclear transfer scheme providing for the transfer to the Police Authority of—
(a) the employees of the UKAEA who are members of the UKAEA Constabulary;
(b) such other persons employed by the UKAEA for purposes connected with that Constabulary as he considers appropriate;
(c) such property held by the UKAEA for purposes connected with the activities of members of the UKAEA Constabulary as he considers appropriate; and
(d) such rights and liabilities of the UKAEA relating to any of those activities, or to any such property, as he considers appropriate.
(2) The nuclear transfer scheme that provides for the transfer of members of the UKAEA Constabulary to the Police Authority must provide for the transfer to the Police Authority, at the same time, of everyone who immediately before that time is employed by the UKAEA exclusively for purposes connected with that Constabulary.
(3) Chapter 2 of this Part shall have effect as if the nuclear transfer scheme required by this section were a scheme authorised by section 39 but did not require the consent of the Police Authority to any of its provisions.
(4) From the date on which the nuclear transfer scheme required by this section comes into force, the members of the UKAEA Constabulary who are transferred by the scheme shall hold office as members of the Constabulary as if they had—
(a) been appointed by the Police Authority in accordance with section 55; and
(b) on appointment made the declaration required by that section.
(5) In this section “members of the UKAEA Constabulary”, in relation to a nuclear transfer scheme, means persons who, on the date on which the scheme comes into force, are special constables appointed on the nomination of the UKAEA under section 3 of the Special Constables Act 1923 (c. 11).
(1) In this Chapter—
“chief constable” means the chief constable of the Constabulary;
“the Civil Nuclear Police Federation” is to be construed in accordance with section 64(2);
“the Constabulary” means the Civil Nuclear Constabulary;
“licensed nuclear site” means a site in respect of which a nuclear site licence is or is required to be in force;
“nuclear material” means—
any fissile material in the form of—
uranium metal, alloy or chemical compound; or
plutonium metal, alloy or chemical compound;
any other fissile material prescribed by regulations made by the Secretary of State;
“the Police Authority” means the Civil Nuclear Police Authority;
“rank-related association” is to be construed in accordance with section 65(2);
“senior officer” means the chief constable or the deputy chief constable or an assistant chief constable of the Constabulary.
(2) References in this Chapter to the functions of the Police Authority include references to securing that the functions of the Constabulary are carried out.
(3) Any power of the Secretary of State under this Chapter to give directions—
(a) restricting the exercise by the Police Authority of its powers,
(b) requiring functions to be carried out or objectives to be met by the Constabulary or the Police Authority, or
(c) imposing obligations on the Police Authority or any of its members or employees,
includes power to impose restrictions, confer functions, require objectives to be met or impose obligations at or in relation to places outside Great Britain.
(4) Regulations under subsection (1) are subject to the negative resolution procedure.
(5) Where regulations under subsection (7) of section 76 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (jurisdiction of Atomic Energy Authority special constables) prescribing material to be treated as nuclear material for the purposes of that section are in force immediately before the commencement of this section, those regulations shall have effect after the commencement of this section as regulations made under and for the purposes of subsection (1).
After section 16 of the 1993 Act (grant of authorisations) insert—
(1) This section applies where—
(a) a person (“the transferor”) holds an authorisation granted under section 13 in respect of the disposal of radioactive waste on or from premises situated on a nuclear site; and
(b) an application is made under this section for a transfer (in whole or in part) of that authorisation to another person (“the transferee”).
(2) An application under this section is one which—
(a) is made to the authorising authority jointly by the transferor and the transferee;
(b) is accompanied by the appropriate amount; and
(c) in the case of an application for a transfer relating to part only of the premises, identifies the part in question.
(3) The appropriate amount for the purposes of subsection (2) is—
(a) if the application is made to the appropriate Agency, the amount of the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and
(b) if it is made to the chief inspector, the prescribed fee.
(4) The authorising authority must, on receipt of the application (but subject to directions under section 25 and to subsection (6)), send a copy of the application to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the application relates.
(5) Before granting the application, the authorising authority must (subject to subsection (6)) consult everyone whom it would have been required to consult under section 16(4A) and (5) if—
(a) the transferee had applied for the grant of the authorisation that he would hold were the application to be granted; and
(b) in the case of a partial transfer, the transferor had applied for the grant (in place of his existing authorisation) of the authorisation he would hold in those circumstances.
(6) The authorising authority may proceed with the application without—
(a) sending a copy of the application to a local authority mentioned in subsection (4), or
(b) consulting an authority or body mentioned in section 16(5) about the proposed transfer,
if it appears to the authorising authority that arrangements for the disposal of radioactive waste are unlikely to be changed, as a result of the transfer, in a way that would be of interest to that authority or body.
(7) The authorising authority may grant the application if, and only if, it is satisfied—
(a) that the transferee has or will have operational control over the disposals to which the transferred authorisation will relate;
(b) that he is able and willing to ensure compliance with the limitations and conditions of the authorisation that he will hold if the application is granted; and
(c) that no other grounds exist on which it would be reasonable to refuse to grant the application.
(8) Where the authorising authority grants the application, it must—
(a) fix the date from which the transfer applied for is to have effect;
(b) furnish the transferee with a certificate containing all material particulars of the authorisation he holds as a result of the transfer;
(c) in the case of a partial transfer, furnish the transferor with a similar certificate as respects the authorisation he holds as a result of the transfer; and
(d) subject to directions under section 25, send a copy of the certificate furnished to the transferee, and of any certificate furnished to the transferor—
(i) to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the certificate relates; and
(ii) to every person consulted about the transfer under so much of subsection (5) as requires consultation in accordance with section 16(5).
(9) The time fixed as the time from which the transfer is to have effect must be not less than twenty-eight days after the day (if any) on which the authorising authority, when it fixes that time, expects copies of the certificates mentioned in paragraph (d) of subsection (8) to be sent out in accordance with that paragraph.
(10) Subsection (9) does not apply if, in the opinion of the authorising authority, it is necessary for the transfer to have immediate effect or otherwise to be expedited.
(11) In this section “authorising authority”—
(a) in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and
(b) in relation to an authorisation having effect in Northern Ireland, means the chief inspector.”
In section 17 of the 1993 Act (revocation and variation of authorisations), after subsection (2) insert—
“(2ZA) The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the authorisation.
(2ZB) But where an application for the variation of an authorisation is made by that person, it must be accompanied—
(a) in the case of an application made to the appropriate Agency, by the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and
(b) in the case of an application to the chief inspector, by the prescribed fee.”
After section 17 of the 1993 Act insert—
(1) The authorising authority—
(a) must carry out periodic reviews of the limitations and conditions attached to each authorisation under section 13 or 14; and
(b) may, at any other time, carry out any such additional review of the limitations and conditions attached to an authorisation under either of those sections as it thinks fit.
(2) In this section—
“the authorising authority”—
in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and
in relation to an authorisation having effect in Northern Ireland, means the chief inspector;
“periodic reviews”, in relation to an authorisation, means reviews at such regular intervals as the authorising authority thinks fit in the case of that authorisation.”
Schedule 15 (which contains further amendments of the 1993 Act in connection with the provision made by sections 72 to 74) has effect.
(1) The Secretary of State may by order make the modifications of the enactments to which this section applies that he considers appropriate for the purpose—
(a) of facilitating the ratification by Her Majesty’s Government in the United Kingdom of an international Protocol (whether entered into before or after the passing of this Act) that relates to liability for nuclear damage; or
(b) of exercising an option under such a Protocol, or of facilitating the exercise of such an option.
(2) The enactments to which this section applies are—
(a) the 1965 Act; and
(b) any other enactment having effect in relation to a matter to which such a Protocol relates.
(3) The following are the only international Protocols which are to be taken for the purposes of this section to be Protocols relating to liability for nuclear damage—
(a) the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention of 21st September 1988; and
(b) any Protocol amending the Paris Convention or the Brussels Supplementary Convention.
(4) In this section—
“the Brussels Supplementary Convention” means the Supplementary Convention on Third Party Liability in the Field of Nuclear Energy of 31st January 1963; and
“the Paris Convention” means the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 29th July 1960.
(5) The reference in subsection (1) to exercising an option under a Protocol is a reference to making provision the making of which, in connection with the matters to which the Protocol relates, is allowed by that Protocol.
(6) The power under this section to modify enactments includes power to modify enactments conferring power to make subordinate legislation.
(7) The power to make an order containing provision authorised by this section is subject to the affirmative resolution procedure.
(1) Section 77 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (regulation of security of civil nuclear industry) is amended as follows.
(2) In subsection (1) (matters about which security regulations may be made), after paragraph (c) insert—
“(ca) equipment or software in the United Kingdom which—
(i) is capable of being used in, or in connection with, the enrichment of uranium; and
(ii) is in the possession or control of a person involved in uranium enrichment activities;”.
(3) For paragraph (d) of that subsection substitute—
“(d) sensitive nuclear information which is in the possession or control in the United Kingdom of—
(i) a person who is involved in activities on or in relation to a nuclear site or nuclear premises or who is proposing or likely to become so involved;
(ii) a person involved in uranium enrichment activities; or
(iii) a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii);”.
(4) After subsection (6) insert—
“(6A) References in this section to a person involved in uranium enrichment activities are references to a person who is or is proposing to become involved in any of the following activities (whether in the United Kingdom or elsewhere)—
(a) the enrichment of uranium;
(b) activities carried on with a view to, or in connection with, the enrichment of uranium;
(c) the production, storage, transport or transmission of equipment or software for or on behalf of persons involved in uranium enrichment activities; or
(d) activities that make it reasonable to assume that he will become involved in something mentioned in paragraphs (a) to (c).”
(5) In subsection (7) (interpretation of section)—
(a) after “this section—” insert—
““enrichment of uranium” means a treatment of uranium that increases the proportion of isotope 235 contained in the uranium;
“equipment” includes equipment that has not been assembled and its components;”
(b) in paragraph (a) of the definition of “sensitive nuclear information”, for the words from “any treatment” to “contained in the” substitute “the enrichment of”.
Energy Act 2004