Guidance

Energy Security Bill factsheet: Ensuring the future of the Civil Nuclear Constabulary

Updated 1 September 2023

Why are we legislating?

In light of the evolving national security and energy landscape, we want to ensure that we are making best use of our resources to protect the UK’s essential services and critical national infrastructure. We are therefore legislating to extend the remit and powers of the Civil Nuclear Constabulary (CNC), the specialist armed police force responsible for protecting civil nuclear sites and nuclear materials in England, Scotland and Wales.

The British Energy Security Strategy is clear that nuclear remains an important part of the UK’s energy mix in the transition to a low carbon economy. However, the retirement of much of the existing nuclear generating fleet is forecast over the next ten years (5 of our 6 existing plants will be offline within the decade), and new nuclear technology and infrastructure is being developed to replace it. The CNC is committed to taking steps to adapt to this changing landscape, as set out in the CNPA’s 2021 – 2024 strategy.

We are introducing legislation that will enable the CNC to utilise their expertise in deterrence and armed response to support the security of other critical infrastructure sites, or provide other policing services in the interests of national security. This will ensure that the CNC can maintain its specialist personnel to protect future nuclear projects once built, such as Hinkley Point C, even in periods of decreased demand from the civil nuclear industry.

The measures are expected to ensure the continued effectiveness and efficiency of the CNC, support staff retention, and improve value for money for the civil nuclear industry.

How the Bill will achieve this

CNC Service Expansion

The Bill will amend the Energy Act 2004 to enable the CNC to provide a wider range of policing services beyond the civil nuclear sector, in the interests of national security. Any provision of police services outside of its civil nuclear function would require approval by the BEIS Secretary of State, who must be satisfied that the core mission of protection of civil nuclear sites is maintained.

CNC Assistance of other forces

The Bill will amend the Energy Act 2004 to streamline arrangements for the CNC to provide support to another police force in England, Wales or Scotland, in response to a request from the Chief Constable of that force, in periods of unexpected or heightened demand.

Cross border enforcement powers

The Bill will amend the Criminal Justice and Public Order Act 1994 so that members of the CNC are able exercise the cross-border enforcement powers in Part X of that Act. This will allow the CNC to apprehend an individual who is suspected of committing an offence in one jurisdiction but is present in another – either by the execution of a warrant or exercising powers of arrest in the absence of a warrant.

Three-year strategic plan

The Bill will amend the frequency of the requirement in the Energy Act 2004 for the Civil Nuclear Police Authority to publish a three-year strategy plan. The Act currently requires a three-year strategy plan to be published every year, the legislation will amend this to require publication every three years.

Background

The Civil Nuclear Constabulary has over 1,300 officers who operate at 10 licensed civil nuclear sites in England and Scotland, supported by 300 support staff. The CNC provides an armed response capability for the UK’s civil nuclear industry. It also plays a critical part in the UK’s Counter Terrorism response by deploying armed officers in support of the Strategic Armed Policing Reserve and supporting national contingency operations.

Further information

The following documents are relevant to the measures and can be read at the stated locations:

• Consultation response (December 2021)
• Consultation (June 2021)
• CNPA Three Year Strategic Plan (2021 – 2024)