Charting a New Course for Fusion: HSE to set out a roadmap for developing fusion regulation

Background

Fusion is the process which “powers the sun” and has long been heralded as the next great opportunity for clean, safe power. 

However, how fusion power will be regulated in the UK has been a grey area for some time, leading to uncertainty for developers.  In 2022, the Government decided that due to the hazard profile of fusion energy, the Health and Safety Executive (HSE) would be appointed as the main regulator for fusion, with support from the Environment Agency and Natural Resources Wales (as applicable).  Following this, the Energy Act 2023 was introduced, which explicitly excluded fusion from the Nuclear Installations Act 1965, which regulates nuclear fission, thereby taking it outside of the Office for Nuclear Regulation's sphere of responsibility.  

HSE growth goals

However, since the introduction of the Energy Act 2023, there has been a legislative gulf in relation to how fusion energy will be regulated, leading to uncertainty for developers.

In 2024, the Government published the Regulation Action Plan (RAP).  The RAP set out the Government's vision for “overhauling” the regulatory system to support growth; ensure that regulation is targeted, proportionate, transparent and predictable, and adapts to keep pace with innovation.   The RAP has been updated and revised on several occasions since. 

A key part of the RAP involved obtaining pledges from regulators, which set out how they would support these principles in their respective areas of responsibility. In addition, regulators were (and remain) subject to the general principles set out in the RAP: i.e. growth, proportionality of regulation, transparency and predictability.  In addition, wider regulatory reviews such as the Fingleton Review and the Corry Review have reiterated the need for proportionate and development-focussed regulatory regimes.

Within this context, Government departments have been encouraged to publish “growth goals”, setting out how regulators within their sphere of control can support the Government's overriding mission to deliver economic growth. 

As a result, in early July, HSE published its set of growth goals.  In particular, Growth Goal Four provided some key updates around how HSE expects to develop the framework for fusion regulation.  The HSE announced that during 2026 to 2027, it will:

• finalise options on an internal approach to fusion regulation, building on its radiological protection regulations, learning from other industries and sectors, and broader engagement

• support Department for Energy Security and Net Zero (DESNZ) in their goal of publishing a regulatory roadmap by Summer 2026 to provide industry clarity on, alongside other regulators, HSE vires and regulation.

• by Summer 2026, working with the Environment Agency, publish a formalised initial engagement process. This will facilitate developers engaging with relevant regulators, helping to ensure regulatory certainty and mutual understanding, and therefore de-risking the regulatory process. HSE will also collaborate with the Environment Agency on multi-dutyholder engagement events to support the wider fusion industry in its health and safety considerations

• facilitate harmonisation of fusion regulation internationally around a proportionate approach to improve the UK’s fusion export potential and support the highest standards of safety globally. This includes bilateral engagement with key fusion partners where appropriate and multilateral fora such as the International Atomic Energy Agency (IAEA)

• build capacity and capability to be able to deliver these goals and implement the proportionate regulatory framework for fusion under the Health and Safety at Work Act 1974 including measures to improve stakeholder understanding of the regulatory processes. 

The reference to regulation under the Health and Safety at Work Act will be a relief to fusion developers, who will have been concerned that the regulation of fusion could be channeled down the path of ‘fission lite’, despite the differing risk profiles of the technologies.  In addition, the announcement provides reassurance that further clarity is likely to be provided soon on how the HSE intends to regulate the fusion industry and how it will interface with other regulators. Developers will also have the opportunity to engage with the HSE and the Environment Agency on the proposed plans, which will provide developers with the chance to provide feedback on the proposed regulatory framework and highlight any key areas of risk or disproportionality. 

However, the Growth Goals are merely that - goals.  Therefore as we approach the end of the summer months and move towards the end of some of the timeframes attached to HSE's goals, we look forward to seeing the above roadmap and engagement process along with updates on the other commitments. 

“A clear, proportionate regulatory framework for fusion will give investors and developers greater certainty, helping the sector grow safely and confidently as it moves toward Net Zero. By setting out clear engagement routes, clarifying responsibilities, and contributing to international alignment, HSE will help the UK’s fusion industry innovate and attract investment, while maintaining strong protections for workers and the public.”

https://www.gov.uk/government/publications/hse-regulation-action-plan-growth-goals-2026-to-2027/regulation-action-plan-growth-goals