Energy Act 2013 (c. 32)

PART 3 U.K. Nuclear Regulation

CHAPTER 5 U.K. Supplementary

General duties of employers, employees and others U.K.

102 General duty of employees at work in relation to requirements imposed on others U.K.

(1) Every employee, while at work, must co-operate with any person (whether or not the employer) on whom a requirement is imposed by or under any [F1 of the relevant statutory provisions] so far as necessary to enable the requirement to be complied with.

(2) Failure to comply with the duty in subsection (1) is an offence.

(3) A person who commits an offence under subsection (2) is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

[F2 (4) In the application of this section in England and Wales, the reference in subsection (3)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).]

(5) In this section—

(a) “employee” and “employer” have the same meanings as in Part 1 of the 1974 Act (see section 53(1) of that Act), F3 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 102(1) substituted (31.12.2020) by Nuclear Safeguards Act 2018 (c. 15), s. 6(2), Sch. para. 7(a); S.I. 2020/1547, reg. 2(b)

F2 S. 102(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 26(2)

F3 S. 102(5)(b) and word omitted (31.12.2020) by virtue of Nuclear Safeguards Act 2018 (c. 15), s. 6(2), Sch. para. 7(b); S.I. 2020/1547, reg. 2(b)

Commencement Information

I1 S. 102 in force at 1.4.2014 by S.I. 2014/251, art. 4

103 Duty not to interfere with or misuse certain things provided under statutory requirements U.K.

(1) It is an offence intentionally or recklessly to interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

[F4 (3) In the application of this section in England and Wales, the reference in subsection (2)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).]

Textual Amendments

F4 S. 103(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 26(3)

Commencement Information

I2 S. 103 in force at 1.4.2014 by S.I. 2014/251, art. 4

104 Duty not to charge employees for certain things U.K.

(1) It is an offence for an employer to impose a charge, or allow a charge to be imposed, on an employee in respect of anything done or provided in pursuance of a specific requirement imposed by or under any [F5 of the relevant statutory provisions].

(2) A person who commits an offence under this section is liable—

(a) on summary conviction to—

(i) in England and Wales, a fine, or

(ii) in Scotland or Northern Ireland, a fine not exceeding £20,000;

(b) on conviction on indictment, to a fine.

(3) In this section—

(a) “employer” and “employee” have the same meanings as in Part 1 of the 1974 Act (see section 53(1) of that Act), F6 ...

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in s. 104(1) substituted (31.12.2020) by Nuclear Safeguards Act 2018 (c. 15), s. 6(2), Sch. para. 8(a); S.I. 2020/1547, reg. 2(b)

F6 S. 104(3)(b) and word omitted (31.12.2020) by virtue of Nuclear Safeguards Act 2018 (c. 15), s. 6(2), Sch. para. 8(b); S.I. 2020/1547, reg. 2(b)

Commencement Information

I3 S. 104 in force at 1.4.2014 by S.I. 2014/251, art. 4