The regulatory justification process for proposed new nuclear power stations in the UK
Produced in partnership with Herbert Smith Freehills
The regulatory justification process for proposed new nuclear power stations in the UK

The following Energy practice note produced in partnership with Herbert Smith Freehills provides comprehensive and up to date legal information covering:

  • The regulatory justification process for proposed new nuclear power stations in the UK
  • Brexit impact—Euratom and the UK Nuclear Sector
  • The international framework
  • Application in the UK
  • The process of regulatory justification for new nuclear builds in the UK
  • Carbon Reduction
  • The Nuclear Sector Deal and other Economic Effects
  • Security of the supply

Before a nuclear power station can be built, its design must be assessed to find out if the social, economic or other benefits outweigh the health risks or other detriments associated with ionising radiation. This assessment process is known as Regulatory Justification.

Brexit impact—Euratom and the UK Nuclear Sector

As of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it had entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below.

For information on how leaving the EU will affect the Great Britain’s (GB) membership of Euratom and the nuclear sector as a whole, see Practice Note: Energy and Brexit-Euratom and the UK Nuclear Sector, which details the background to the Euratom Treaty and the evolving position on the UK’s exit from the Euratom Community as a corollary of Brexit. It includes discussion of Brexit and nuclear research and investment, Brexit

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