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Distribution of Responsibilities in the Area of Civil Nuclear Safety

This page sets out in summary the distribution among Ministers, independent bodies and the devolved administrations of responsibility and accountability for the following areas:

  • safety regulation at civil nuclear sites;
  • nuclear emergency planning and response to a nuclear emergency or incident;
  • safe transport of radioactive materials;
  • safe storage, use, discharge and disposal of radioactive materials;
  • safety of radiation levels in food;
  • environmental radioactivity and contaminated land; and
  • involvement in international work on nuclear safety.

It covers only central government responsibilities, including those of the devolved administrations in Wales, Scotland and Northern Ireland. The second section summarises further the distribution of accountabilities between Ministers and the devolved administrations.

Safety Regulation at Civil Nuclear Sites

  • The Health and Safety Commission (HSC) has statutory responsibility for ensuring that there is an adequate framework for regulation of safety at nuclear sites in the UK. The licensing and day-to-day regulation is carried out by the Health and Safety Executive (HSE), which regulates work-related health and safety generally. Licence conditions cover all the arrangements for managing safety, including response to accidents, leaks and spillages of radioactive materials, emergency planning arrangements, and all aspects of transport of radioactive material on the sites. The HSC and HSE are accountable to the Secretary of State for Business, Enterprise and Regulatory Reform for their nuclear safety work.
  • The Secretary of State for Business, Enterprise and Regulatory Reform is the Government sponsor and part owner of the UK civil nuclear industry. As such, (s)he is well placed to monitor and understand the technical complexity of the sector and respond quickly to any emergency, and to thrust home to the industry the message that safety must be its highest priority. So as part of his/her general responsibility for civil nuclear policy, the Secretary of State for Business, Enterprise and Regulatory Reform is accountable for nuclear safety at nuclear power stations and other licensed civil nuclear sites in the UK.
  • To ensure that environmental impact of day-to-day operations is minimised, the routine discharge and disposal of nuclear waste and other radioactive material is regulated by the Environment Agency (EA) in England and Wales and by the Scottish Environment Protection Agency (SEPA) in Scotland. (There are no licensed nuclear sites in Northern Ireland.)
  • The EA is accountable to the Secretary of State for the Department of the Environment, Food and Rural Affairs (DEFRA) for its work in England, and to the National Assembly for Wales for its work in Wales. SEPA is accountable to the Scottish Executive.

Safe Transport of Radioactive Materials

  • The Secretary of State for the Department of Transport accounts to Parliament for the safe transport of nuclear materials in Great Britain. The relevant regulators are the same as those for transport safety more generally:
    • road - the Department of Transport
    • rail - Health and Safety Executive (HSE)
    • sea - Maritime and Coastguard Agency (MCA)
    • air - Civil Aviation Authority (CAA)
  • The Secretary of State for Northern Ireland is accountable for the safe transport of radioactive materials by road and rail in Northern Ireland.

Safe Storage, Use, Discharge and Disposal of Radioactive Materials

  • EA regulates the discharge and disposal of radioactive material in England and Wales, as part of its wider role in environmental protection. SEPA carries out the equivalent functions in Scotland.
  • The two Agencies also regulate the storage and use of radioactive substances and the accumulation of radioactive waste, except on licensed and defence-related nuclear sites where they are a key part of day-to-day operations and need to be regulated in that context.
  • The Secretary of State for Environment, Food and Rural Affairs (DEFRA) (for England) and the National Assembly for Wales are responsible for the regulatory framework within which the EA operates, and the Agency is accountable to them. Likewise the Scottish Executive is responsible for the regulatory framework within which the SEPA operates, and the Agency is accountable to the Executive.
  • On licensed nuclear sites, the storage and use of radioactive materials and the accumulation of radioactive waste is regulated by HSE (see paragraph 1).
  • In Northern Ireland, the safe storage, use, discharge and disposal of radioactive material is regulated by the Environment and Heritage Service.

Safety of Radiation Levels in Food

  • The Food Safety Agency (FSA) is responsible for the safety of radiation levels in food in the UK as well as for food safety more generally, and undertakes monitoring of the environment and foodstuffs to fulfil this responsibility.

Involvement in International Work on Nuclear Safety

  • The Secretary of State for Business, Enterprise and Regulatory Reform has overall responsibility for UK involvement in international governmental bodies operating in the nuclear area, as part of his/her wider responsibility for civil nuclear policy. However, other departments represent the UK in their areas of expertise - e.g. HSE on nuclear safety generally, DEFRA on radioactive waste management, and the Department of Health and the Health Protection Agency on protection of the public from radiation risks.
  • The Secretary of State for Business, Enterprise and Regulatory Reform also has overall responsibility for UK involvement in international initiatives to help Eastern European and former Soviet Union countries improve their nuclear safety. HSE provides technical input to and manages and supports many of these initiatives.

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