The Nuclear Safeguards (Notification) Regulations 2004

Year2004

2004 No. 1255

NUCLEAR SAFEGUARDS

The Nuclear Safeguards (Notification) Regulations 2004

Made 1st May 2004

Laid before Parliament 4th May 2004

Coming into force 5th May 2004

The Secretary of State, in exercise of the powers conferred on her by section 3(1) of the Nuclear Safeguards Act 20001, hereby makes the following Regulations:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Nuclear Safeguards (Notification) Regulations 2004, and shall come into force on 5th May 2004.

Interpretation
S-2 Interpretation

Interpretation

2. In these Regulations:

“Annex II” means Annex II to the Additional Protocol2;

“electronic communications network” has the same meaning as in section 32 of the Communications Act 20033;

“the commencement date” means 30th April 2004, the entry into force date of the Additional Protocol;

“high enriched uranium” means uranium containing 20 per cent or more of the isotope uranium-235;

“non-nuclear-weapon State” means a State other than China, France, Russia, the United Kingdom and the United States of America;

“nuclear fuel cycle-related research and development activities” means research and development activities which are specifically related to any process or system development aspect of—

(a) the enrichment of nuclear material,

(b) the reprocessing of nuclear fuel, or

(c) the processing of intermediate or high level waste containing plutonium, high enriched uranium, or uranium-233

but does not include activities related to theoretical or basic scientific research or to research and development on industrial radioisotope applications, medical, hydrological or agricultural applications, health or environmental effects or improved maintenance;

“nuclear material” means any source material (other than ore or ore residue) or any special fissionable material;

“processing of intermediate or high level waste” does not include—

(a) repackaging of the waste for storage or disposal,

(b) conditioning of the waste not involving the separation of elements, for storage or disposal;

“source material” means uranium containing the mixture of isotopes occurring in nature, uranium depleted in the isotope 235, thorium, and any of the foregoing in the form of metal, alloy, chemical compound or concentrate;

“special fissionable material” means plutonium-239, uranium-233, 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 any material containing one or more of the foregoing.

Persons required to notify the Secretary of State

Persons required to notify the Secretary of State

S-3 Subject to regulation 5, a person shall notify the Secretary of...

3.—(1) Subject to regulation 5, a person shall notify the Secretary of State not later than two months after the commencement date if at any time during the period of six months ending on the commencement date he has carried out in the United Kingdom any of the activities specified in paragraph 1 of the Schedule.

(2) Subject to regulation 5, a person shall notify the Secretary of State not later than two months after the commencement date if at any time during the period of six months ending on the commencement date he has carried out in the United Kingdom any nuclear fuel cycle-related research and development activities which were:

(a)

(a) carried out in co-operation with, or otherwise relevant to, a non-nuclear-weapon State; and

(b)

(b) not funded, specifically authorised or controlled by, or carried out on behalf of, Her Majesty’s Government.

S-4 Subject to regulation 5, a person shall notify the Secretary of...

4.—(1) Subject to regulation 5, a person shall notify the Secretary of State on or before 15th January in each year if at any time during the previous calendar year he has carried out in the United Kingdom any of the activities specified in paragraph 1 of the Schedule.

(2) Subject to regulation 5, a person shall notify the Secretary of State on or before 15th January in each year if at any time during the previous calendar year he has carried out in the United Kingdom any nuclear fuel cycle-related research and development activities which were:

(a)

(a) carried out in co-operation with, or otherwise relevant to, a non-nuclear-weapon State; and

(b)

(b) not funded, specifically authorised or controlled by, or carried out on behalf of, Her Majesty’s Government.

Persons not required to notify the Secretary of State
S-5 Persons not required to notify the Secretary of State

Persons not required to notify the Secretary of State

5.—(1) The Secretary of State may serve on a person a written notice setting out particulars which the Secretary of State already has in relation to that person.

(2) A person on whom a notice has been served under paragraph (1) is not required to notify the Secretary of State under regulation 3 or 4 if the particulars set out in the notice are accurate at the time the notice is received by that person and are all the particulars which that person would be required to provide under these Regulations but for this paragraph.

(3) A person who by virtue of paragraph (2) is not required to notify the Secretary of State under regulation 3 or 4 shall, within 14 days of any change in any of the particulars which were set out in the notice served on him under paragraph (1), give to the Secretary of State notice of the new particulars.

(4) Section 10 of the Nuclear Safeguards Act 2000 applies in relation to the service by the Secretary of State of notices under paragraph (1).

Form of notification to the Secretary of State
S-6 Form of notification to the Secretary of State

Form of notification to the Secretary of State

6.—(1) A person who is required to notify the Secretary of State under regulation 3 or 4 shall do so by giving a notice to the Secretary of State containing particulars of his name, his proper address (within the meaning of section 10(3) of the Nuclear Safeguards Act 2000), each activity, referred to in the regulation in question, which he has carried out during the relevant period and the address of each place at or from which he has carried out each such activity.

(2) A person who has given particulars to the Secretary of State pursuant to paragraph (1) shall, within 14 days of any change in any of those particulars, give to the Secretary of State notice of the new particulars.

(3) Any notice to be given by a person under paragraph (1) or (2), or under regulation 5(3), shall be in writing and sent by post or delivered to the Safeguards Office, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT, or sent by means of an electronic communications network to ukso@dti.gsi.gov.uk.

Nigel Griffiths,

Parliamentary Under Secretary of State for Small Business and Enterprise,

Department of Trade and Industry

1st May 2004

SCHEDULE

Regulations 3(1) and 4(1)

SCHEDULE

1 ACTIVITIES REFERRED TO IN REGULATIONS 3(1) AND 4(1)

PART I

ACTIVITIES REFERRED TO IN REGULATIONS 3(1) AND 4(1)

SCH-1.1

1. The activities referred to in regulations 3(1) and 4(1) are:

(i) the manufacture of centrifuge rotor tubes or the assembly of gas centrifuges;

(ii) the manufacture of diffusion barriers;

(iii) the manufacture or assembly of laser-based systems;

(iv) the manufacture or assembly of electromagnetic isotope separators;

(v) the manufacture or assembly of columns or extraction equipment;

(vi) the manufacture of aerodynamic separation nozzles or vortex tubes;

(vii) the manufacture or assembly of uranium plasma generation systems;

(viii) the manufacture of zirconium tubes;

(ix) the manufacture or upgrading of heavy water or deuterium;

(x) the manufacture of nuclear grade graphite;

(xi) the manufacture of flasks for irradiated fuel;

(xii) the manufacture of reactor control rods;

(xiii) the manufacture of criticality safe tanks and vessels;

(xiv) the manufacture of irradiated fuel element chopping machines;

(xv) the construction of hot cells.

SCH-1.2

2. In paragraph 1:

“centrifuge rotor tubes” means thin-walled cylinders as described in entry 5.1.1(b);

“gas centrifuges” means centrifuges as described in the Introductory Note to entry 5.1;

“diffusion barriers” means thin, porous filters as described in entry 5.3.1(a);

“laser-based systems” means systems incorporating those items described in entry 5.7;

“electromagnetic isotope separators” means those items referred to in entry 5.9.1 containing ion sources as described in entry 5.9.1(a);

“columns or extraction equipment” means those items as described in entries 5.6.1, 5.6.2, 5.6.3, 5.6.5, 5.6.6, 5.6.7 and 5.6.8;

“aerodynamic separation nozzles or vortex tubes” means separation nozzles and vortex tubes as described respectively in entries 5.5.1 and 5.5.2;

“uranium plasma generation systems” means systems for the generation of uranium plasma as described in entry 5.8.3;

“zirconium tubes” means tubes as described in entry 1.6;

“heavy water or deuterium” means deuterium, heavy water (deuterium oxide) and any other deuterium compound in which the ratio of deuterium to hydrogen atoms exceeds 1:5000;

“nuclear grade graphite” means graphite having a purity level better than 5 parts per million boron equivalent and with a density greater than 1.50g/cm3;

“flask for irradiated fuel” means a vessel for the transportation and/or storage of irradiated fuel which provides chemical, thermal and radiological protection, and dissipates decay heat during handling, transportation and storage;

“reactor control rods” means rods as described in entry 1.4;

“criticality safe tanks and vessels” means those items as described in entries 3.2 and 3.4;

“irradiated fuel element chopping machines” means equipment as described in entry 3.1;

“hot cells” means a cell or interconnected cells totalling at least 6m3 in volume with shielding equal to or greater than the...

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