London, 23 December 2005
Draft Nuclear Industries Security (Amendment) Regulations DTI Consultation. December 2005
3. The proposed regulations extend the obligations to protect sensitive nuclear information in regulation 22 of the Nuclear Industries Security Regulations 2003 (NISR) more widely to cover any person in the United Kingdom who has possession or control of such information and who is involved in activities on or in relation to a nuclear site or premises or involved in the enrichment of uranium or connected activities (whether in the United Kingdom or elsewhere). This will therefore include the Nuclear Decommissioning Authority (NDA) and those of its contractors and consultants not already subject to security regulation and possibly two patent agents.
4. Although we believe that companies working in these areas act responsibly, we consider it would be prudent to ensure that coverage is universal. However, to ensure this universal coverage we believe we will only actually be capturing up to six undertakings and those will actually incur little additional costs. We would welcome comments as to any others who might be affected.
5. The amendments also will extend coverage over uranium enrichment ("UE") equipment and software. UE equipment is defined as any equipment, including equipment that has not been assembled and its components, capable of being used in or in connection with the enrichment of uranium. UE software is defined as any software capable of being used in or in connection with the enrichment of uranium. People who possess or control UE equipment or software who are involved in or connected to UE activities, or producing, storing or transporting such equipment or software, will have to comply with the security requirements in regulation 22. We believe this will affect a further two entities but will welcome comments on this.
6. These regulations also amend regulation 4 of the NISR to make it clear that the approved security plan for premises will need to cover any software used or stored on premises in connection with activities involving nuclear or other radioactive material. Site operators security plans already include provision regarding the security of sensitive nuclear information and most if not all such software should thus be included in their plans.
7. There is also a minor amendment to the reporting requirements for transportation of Category III nuclear material in road vehicles, by sea, by a UK ship between non-UK ports, where the vehicle drives on and off of the carrier.
The amendment ensures full reporting of all movements. We believe this will affect two carriers.
How to respond
8. You may respond to the proposals (paras 20-47 below – which contain questions to which you may wish to respond) in any way you wish. The questions are listed below, with a separate response form at Annex C. When responding please state whether you are responding as an individual or representing the views of an organisation.
9. Please respond by 17 March 2006 by letter, fax or email to:
Department of Trade and Industry
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 2808
Fax: 020 7215 2841; minicom 020 7215 6740
10. Questions about the policy issues raised in the document can be addressed as above. Similarly if consultees wish to meet DTI to discuss the proposals they should contact us as above.