Nuclear Industries Security Regulations 2003
What this means for your business
- Applies to
- United Kingdom
- On this page
- 12 compliance obligations, 1 practical guide
What you must do
12 compliance obligations under this legislation — 2 can result in imprisonment.
Management duties 8
Comply with Secretary of State directions for nuclear material transport
If your business is an approved carrier of nuclear material, you must follow any instruction the Secretary of State gives you. This can include stopping a planned shipment, putting in place specified safety procedures, updating your transport security statements, reporting incidents, and taking remedial actions. Ignoring a direction can lead to criminal prosecution.
Comply with Secretary of State directions on nuclear site security
If you run a nuclear site, you must follow any written instructions the Secretary of State gives you about security. This includes putting in place the required standards, submitting and updating the approved security plan, proving the plan stays adequate, recording and reporting certain events, and fixing any breaches, all within any time‑limits set in the direction.
Ensure security‑cleared approval for all relevant nuclear staff
You must make sure that anyone named in your site’s approved security plan (or who fits the description of such staff) has been formally approved by the Secretary of State as having suitable character and integrity before they work on the nuclear premises. This is a continuous check to keep the site and its material safe.
Follow the approved nuclear security plan
If you are the responsible person for a nuclear site, you must make sure you carry out all the security standards, procedures and arrangements set out in the approved security plan at all times. You only escape this duty if the Secretary of State formally notifies you in writing that a particular matter is unlikely to prejudice security.
Maintain compliance with transport security requirements
If your business is an approved carrier transporting nuclear material, you must follow the standards and procedures set out in your approved transport security statement, promptly inform the Secretary of State of any relevant changes (within 7 days or immediately, depending on the type of change), and ensure that any staff identified as needing assessment are approved by the Secretary of State as having suitable character and integrity.
Obtain and follow a temporary security plan for building works on nuclear premises
If you plan any alteration, extension or building work on a nuclear site, you must first give the Secretary of State written notice of the works and submit a temporary security plan. You cannot start the work until that plan is approved, and you must stick to the approved plan while the work is under way.
Obtain approved transport plan and give dates for Category I/II nuclear material moves
If your business transports high‑risk (Category I or II) nuclear material, you must produce a written security plan covering the journey, loading/unloading and any temporary storage. You have to send this plan to the Secretary of State at least one month before the move, get it approved, and then follow it exactly. You also need to notify the Secretary of State in writing of the transport start and end dates at least 7 days before you begin.
Use only approved carriers for nuclear material transport
If your business transports Category I, II or III nuclear material, you must only use carriers that have been approved by the Secretary of State (Class A for all categories, or Class B for Category III only). If you arrange transport from a nuclear site, you must check the carrier’s approval status and avoid any carrier that is prohibited under the regulations.
Offences and prohibitions 2
Fail to comply with nuclear security regulations
2 years imprisonmentIf you or your business do not follow any of the listed nuclear security regulations (regulations 5, 7‑13, 17‑22) you commit a criminal offence. On conviction in the Crown Court you could face up to two years’ imprisonment and an unlimited fine, while a summary conviction in the Magistrates’ Court can lead to up to six months’ imprisonment and a fine up to the statutory maximum. The offence can also be prosecuted if the breach occurred outside the UK.
Fail to meet nuclear transport obligations for ship entry
2 years imprisonmentIf you are responsible for a ship carrying nuclear material and you do not comply with the nuclear security obligations that must be met before the ship can enter a UK port, you commit a criminal offence. The offence only arises when the ship actually enters the port (or attempts to). Conviction leads to a fine and/or imprisonment, the exact maximum penalties being set elsewhere in the Regulations.
Reporting and filing 2
Report nuclear transport security incidents to the Secretary of State
If your business is an approved carrier moving Category I, II or III nuclear material, you must tell the Secretary of State about any security‑related incident (e.g. unauthorised intrusion, theft, damage, threat or breach of your transport security plan). The report should be made as soon as practicable and no later than 24 hours after you become aware of the event; if a written report is not possible you may give an oral report and follow up in writing within 48 hours.
Report security events to the Secretary of State within 24 hours
If any of the security incidents listed in the regulation (such as unauthorised entry, explosives, damage, theft or loss of nuclear material or information) occur at your nuclear site, you must inform the Secretary of State as soon as possible and no later than 24 hours after you become aware of it. If you cannot send a written report within that time, you may give the report orally and then send a written confirmation within 48 hours. Each report must include what happened, when it happened and the apparent cause.
Penalties for non-compliance
2 penalties under this legislation. 2 can result in imprisonment. 2 carry an unlimited fine.
Fail to comply with nuclear security regulations
Unlimited fine and/or 2 years imprisonment
Fail to meet nuclear transport obligations for ship entry
Unlimited fine and/or 2 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
29 classified provisions from this legislation.
Duties 10
- s.7 Maintenance of security nuclear premises
- s.8 Temporary security plans during building works etc.
- s.9 Requirement for approval of relevant personnel nuclear premises
- s.10 Reports by responsible persons nuclear premises
- s.11 Directions to responsible persons nuclear premises
- s.13 Requirement for Category I/II nuclear material and Category III nuclear material to be transported by approved carriers person
- s.17 Duties of approved carriers: general change
- s.18 Reports by carriers
- s.19 Duties relating to particular transports of Category I/II nuclear material Class A carrier
- s.21 Directions to carriers An approved carrier
Powers 5
Definitions 4
- s.2 Interpretation: general the 1974 Act the 2001 Act the 1978 Order
- s.3 Meaning of “nuclear material”, “Category I/II nuclear material” and “Category III nuclear material”
- s.28 Application to hovercraft United Kingdom hovercraft hovercraft
- CATEGORIES OF NUCLEAR MATERIAL CATEGORIES OF NUCLEAR MATERIAL enriched uranium