3Amendment of regulation 2
(1) In regulation 2(1) of the Principal Regulations—
(a) insert in the appropriate place—
““nuclear construction site” has the meaning given in section 77(7) of the 2001 Act;”;
(b) in the definition of “nuclear premises” for sub-paragraph (a) substitute—
“(a) a nuclear site, other than one in relation to which all nuclear material or other radioactive material that was used or stored has been removed as part of the decommissioning (within the meaning given in Chapter 1 of Part 1 of the Energy Act 2004) of that site;”;
(c) after sub-paragraph (a) insert—
“(aa) a nuclear construction site on which works are being carried out—
(i) by a developer; and
(ii) pursuant to the grant or issue of a relevant consent, without which the carrying out of those works would be unlawful;”.
(2) After regulation 2(1) of the Principal Regulations insert—
“(1A) For the purposes of sub-paragraph (aa) of the definition of “nuclear premises”—
“developer” means a person who is lawfully entitled to carry out works on a site with a view to its becoming a nuclear site;
“relevant consent” means—
(a) development consent within the meaning of section 31 of the Planning Act 2008;
(b) planning permission—
(i) within the meaning of section 336 of the Town and Country Planning Act 1990;
(ii) within the meaning of section 277 of the Town and Country Planning (Scotland) Act 1997;
(iii) within the meaning of article 2(2) of the Planning (Northern Ireland) Order 1991;
(c) an order under section 14 or 16 of the Harbours Act 1964;
(d) an order under section 1 of the Harbours Act (Northern Ireland) 1970;
(e) an order under section 10 of the Harbours Act (Northern Ireland) 1970.”.
(3) In regulation 2(2) of the Principal Regulations, after sub-paragraph (a) insert—
“(aa) in the case of a nuclear construction site falling within sub-paragraph (aa) of the definition of “nuclear premises”, the developer;”.
Specified date: 28 February 2013: see reg 1(2).