Commentary on provisions of Act Section 2: Power to amend legislation relating to nuclear safeguards
Section 2 provides a power for the Secretary of State to amend, by regulations, the Nuclear Safeguards and Electricity (Finance) Act 1978 ("the 1978 Act), the Nuclear Safeguards Act 2000 ("the 2000 Act") and the Nuclear Safeguards (Notification) Regulations 2004 (S.I. 2004/1255) ("the 2004 Regulations"), in consequence of any "relevant safeguards agreement".
	Subsection (2) specifies that a "relevant safeguards agreement" means an agreement, whether or not ratified, relating to nuclear safeguards between the UK and the IAEA.
	Subsection (3) states that the power to make regulations under this section includes the power to make consequential, supplementary or incidental provision or transitional, transitory or saving provision.
	Subsection (5) specifies that regulations made under this section are subject to the affirmative resolution procedure.
	Subsection (6) is a 'sunset' provision which specifies that the power under section 2 will expire after a period of 5 years from the day on which the section comes into force.
	This section enables the Secretary of State to amend the 1978 Act, the 2000 Act and the 2004 Regulations in such a way as to prevent them becoming ineffective when the UK’s new safeguards agreements with the IAEA, the Voluntary Offer Agreement and Additional Protocol, come into force. The power allows the legislation to be amended as a consequence of those new agreements with the IAEA. This section does not confer discretion on the Secretary of State to change the substance of what is permitted by the 1978 Act, 2000 Act or the 2004 Regulations.