Nuclear Directorate becoming autonomous?
Now is a time of considerable change for HSE's Nuclear Directorate (ND), both in terms of structure and culture. The government has recently consulted on proposals to move ND into a more autonomous public body
The move to a new Nuclear Statutory Corporation (NSC) was considered by the International Atomic Energy Agency (IAEA) which recently carried out an Integrated Regulatory Review Service (IRRS) of ND's effectiveness in regulating the UK nuclear industry against international standards.
The mission followed on from an earlier review in 2006 and focused specifically on progress since. In addition, the IAEA reviewed new aspects including the inspection and enforcement programme of power plants and fuel cycle facilities, and emergency preparedness and response arrangements.
The IAEA noted ND has a comprehensive process in place to provide consistency on both inspection and assessment across the organisation, providing effective prioritisation of regulatory activities.
It also commended the multi-agency Nuclear Emergency Planning Liaison Group framework. It made four preliminary findings specific to the area for inspection that ND will address in its IRRS action plan.
The NSC will keep its independence as a regulator but will remain under the HSE umbrella. Subject to the outcome of consultation and Parliamentary approval, the new NSC is likely to be created mid-2010.
The new structure will also provide the organisation with greater autonomy than it has currently. As a result, it will be more flexible in how it pays, rewards and manages its staff allowing it to, again, adjust more quickly to changing demands.
HSE is working with DECC and DWP on the legislative measure that needs to be in place to create the NSC. It is intended that these changes will be made through a Legislative Reform Order (LRO) under the Legislative and Regulatory Reform Act 2006.
The move is intended to further improve ND's organisational framework for the sustained delivery of robust, effective and efficient regulation and in so doing meet the anticipated challenges facing the UK nuclear sector in the future.
The new regulator will include all elements of the Health and Safety Executive's ND (Nuclear Installations Inspectorate, Office for Civil Nuclear Security and UK Safeguards Office). It is proposed that the new body will also absorb the Radioactive Material Transport Team, the part of the Dangerous Goods Division in Department for Transport dealing with the regulation of radioactive materials.
To enable the smooth transition, ND is implementing an internal change programme to oversee the necessary work required to ensure it has the capability to operate as a statutory corporation by the planned deadline.
The approach being adopted will ensure that the change programme does not affect ND's 'business as usual', which remains highest priority: to protect people and society from the hazards of the nuclear industry.
HSE says the restructuring will not change the substance or standards of regulation or compromise the independence of the nuclear regulatory body, and will not affect the decisions it takes or the international obligations the government requires it to meet.
The NSC would be governed by its own predominantly non-executive board, which will blend representatives from a range of backgrounds, such as government and industry that will provide strong, dynamic and strategic leadership.
The NSC board would not be able to take specific or individual regulatory or operational decisions. These would be delegated to the Chief Inspector – whom, for the first time, will become a position formally provided for in legislation.
The board will be directly responsible for delivering increased levels of transparency, accountability and consistency in the way the new body operates. This will improve confidence and increase awareness of nuclear regulation amongst all stakeholders.
As a product of this more responsive stakeholder relationship, the NSC will be able to provide the industry with clearer direction on its activities and greater clarity about its priorities and in so doing help, it to manage nuclear hazards most effectively.
Informing this, a joint consultation exercise was carried out by DECC and DWP that sought views on the proposed changes. The 12-week consultation period ended on 22 September 2009 and submissions are currently being assessed.
