The Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025
The Regulations prescribed conditions for nuclear disposal site exemption from the NTPL regime and amended the 2017 regulations to define disposed matter as excepted matter.
These Regulations establish the necessary technical conditions for certain nuclear installations used for the disposal of nuclear matter to be exempt from the strict liability provisions of the Nuclear Third Party Liability (NTPL) regime established under the Nuclear Installations Act 1965.
The requirements include limiting the effective dose to the public off-site to no more than 1 millisievert and ensuring the risk of criticality on the site is negligible; furthermore, the legislation amends previous regulations to define nuclear matter disposed of on such an exempted site as 'excepted matter,' thereby clarifying liability responsibilities.
Arguments For
Implement the 2016 Decision and Recommendation agreed among Paris Convention States, providing a route for certain low-level radioactive waste disposal sites to be exempt from the Nuclear Third Party Liability (NTPL) regime.
Ensure regulatory clarity by prescribing specific conditions (dose condition and criticality condition) that a site must meet to qualify for 'excluded disposal site status' under Section 7C of the Nuclear Installations Act 1965.
Protect the operators of originating sites by defining nuclear matter disposed of on an exempted site as 'excepted matter', preventing the re-imposition of liability for that disposed matter.
Uphold international obligations regarding nuclear liability while supporting the managed transition away from strict liability for these specific, low-risk disposal operations.
Arguments Against
The complexity of defining and monitoring the 'dose condition' (1 millisievert maximum effective dose without protective actions) may create significant regulatory burdens for site operators seeking exemption.
Introducing new exemptions to the strict liability regime, even for low-level waste sites, potentially alters the long-established financial security arrangements mandated by the Paris Convention framework.
The amendment to the 2017 regulations might create administrative challenges in tracking nuclear matter designated as 'excepted matter' across different jurisdictions within the UK.
The regulations rely on the continued effectiveness of existing site permits and the definition of 'the lifetime of the site,' which could lead to ambiguity if permit status changes.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7C(1)(a)(iii) and 26(1) of the Nuclear Installations Act 1965.
In accordance with article 4 of, and Schedule 3 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999, the Secretary of State has consulted the Scottish Ministers.
The Secretary of State created these Regulations using powers granted by specific subsections of the Nuclear Installations Act 1965.
Before making the Regulations, the Secretary of State consulted with the Scottish Ministers, following the requirements set out in the Scotland Act 1998 transfer of functions order.
Citation, commencement and extent
1.
(1)
These Regulations may be cited as the Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025 and come into force on 2nd December 2025.
(2)
These Regulations extend to England and Wales, Scotland and Northern Ireland.
The official citation of this legislation is the Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025, and it takes legal effect on December 2nd, 2025.
These rules apply across the entirety of the United Kingdom, covering England, Wales, Scotland, and Northern Ireland.
Prescribed conditions
2.
(1)
The conditions prescribed under section 7C(1)(a)(iii) of the Act are that, during the lifetime of the site—
(a)
the effective dose from radiation released from the site to a member of the public off site would be no greater than 1 millisievert in any 12-month period in all reasonably foreseeable circumstances and assuming no protective or mitigating actions are taken (the dose condition);
(b) the risk of criticality occurring on the site is negligible (the criticality condition).
(2)
In this regulation—
(a) “Act” means the Nuclear Installations Act 1965;
(b) “effective dose” has the meaning given by section 11H(11) of the Act;
(c) “the lifetime of the site” means the period during which the site is subject to an appropriate permit.
The regulations set out specific conditions that a nuclear site must meet during its operational lifetime to qualify for exemption from liability requirements.
First, the potential effective radiation dose received by any member of the public outside the site cannot exceed 1 millisievert during any 12-month period, calculated in the worst-case scenario without any protective measures being taken; this is known as the dose condition.
Second, the risk that an uncontrolled nuclear chain reaction (criticality) happens on the site must be negligible; this is called the criticality condition.
For the purposes of this rule, the 'Act' refers to the Nuclear Installations Act 1965, 'effective dose' is defined by a specific section within that Act, and 'the lifetime of the site' means the duration for which the site holds a valid operating permit.
Amendment to the Nuclear Installations (Excepted Matter) Regulations 2017
3.
(1)
The Nuclear Installations (Excepted Matter) Regulations 2017 are amended as follows.
(2)
In regulation 3 (excepted matter)—
(a) in paragraph (1), for “paragraph (2) or (3)” substitute “paragraph (2), (3) or (4)”;
(b) after paragraph (3) insert—
“(4)
The requirement in this paragraph is that the nuclear matter has been disposed of in an installation for the disposal of nuclear matter on an excluded disposal site.”
This regulation modifies the existing Nuclear Installations (Excepted Matter) Regulations 2017.
Specifically, it changes regulation 3, which deals with what constitutes 'excepted matter' under the liability regime.
In paragraph (1), the reference to applicable paragraphs is updated to include a new paragraph (4), and paragraph (4) is inserted, stating that nuclear matter disposed of at an installation located on an 'excluded disposal site' meets the definition of excepted matter.
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