The Nuclear Installations (Liability for Damage) Order 2016

Contents

360 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. 1 · Citation and commencement
   1. (1) This Order may be cited as the Nuclear Installations (Liability for Damage) Order 2016.
   2. (2) Subject to paragraphs (4) and (5), this Order comes into force on the main commencement day.
   3. (3) The Secretary of State must publish a notice of the date of the main commencement day as soon as possible after that day.
   4. (4) This article and articles 2, 34 and 40 come into force on the twenty-first day after the day on which this Order is made, if earlier than the main commencem
   5. (5) Articles 19 and 35 come into force on the twenty-first day after the day on which this Order is made, if earlier than the main commencement day, for the pur
2. 2 · Interpretation
3. 3 · Duties of licensee of licensed site
   1. (1) Section 7 of the 1965 Act (duty of licensee of licensed site) is amended as follows.
   2. (2) For subsection (1) substitute— “1 Subject to subsection (4), where a nuclear site licence has been granted in respect of a site, the licensee has the duties
   3. (3) Omit subsection (2) (description of occurrences mentioned in subsection (1)(a)).
   4. (4) For subsection (3) substitute— “3 In determining the liability of the licensee of a licensed site by virtue of subsection (1A) or (1C) in respect of an occu
   5. (5) After section 7 insert— “7A 1 The requirement referred to in section 7(1B)(b) is that the nuclear matter satisfies the condition in any of subsections (2) t
4. 4 · Duties in respect of relevant disposal sites
   1. (1) In section 6 of the 1965 Act (list of licensed sites)—
   2. (2) After section 7A of the 1965 Act (inserted by article 3) insert— “7B 1 Sections 7 and 7A apply in relation to the operator of a relevant disposal site as th
5. 5 · Duties of United Kingdom Atomic Energy Authority
   1. (a) for “Section 7” substitute “Sections 7 and 7A”;
   2. (b) for “section 7” substitute “sections 7 and 7A”.
6. 6 · Duties of Crown in respect of certain sites
   1. (1) Section 9 of the 1965 Act (duty of Crown in respect of certain sites) is amended as follows.
   2. (2) The section is renumbered as subsection (1).
   3. (3) In that subsection (1), for “section 7” substitute “sections 7 and 7A”.
   4. (4) After subsection (1) insert— “2 If a government department uses a site for a purpose which, if section 7B applied to the Crown, would cause the site to be a
7. 7 · Duties of certain foreign operators
   1. (1) Section 10 of the 1965 Act (duty of certain foreign operators) is amended as follows.
   2. (2) For subsection (1) substitute— “1 It is the duty of a relevant foreign operator to secure that no occurrence involving nuclear matter which is not excepted
   3. (3) For subsection (2) substitute— “2 The condition in this subsection is that the occurrence is— a an occurrence taking place wholly or partly within United Ki
8. 8 · Cost of measures of reinstatement
   1. (1) After section 11 of the 1965 Act insert— “11A 1 Where as a result of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 there is significant impairment
   2. (2) After Schedule 1 to the 1965 Act insert the Schedule 1A set out in Schedule 1 to this Order.
9. 9 · Loss of income derived from the environment
10. 10 · Cost of preventive measures
11. 11 · Right to compensation with respect to injury, damage and significant impairment of the environment
    1. (1) Section 12 of the 1965 Act (right to compensation) is amended as follows.
    2. (2) For subsection (1) (when compensation is payable in accordance with section 16) substitute— “1 Where any injury or damage has been caused in breach of a dut
    3. (3) For subsection (2) substitute— “2 Subject to subsection (3), any injury, damage or significant impairment of the environment which, though not caused in bre
    4. (4) In subsection (3) (injury or damage attributable to breach of duty under the Act and another cause: double compensation not allowed)—
    5. (5) For subsection (3A) (special provision for property on site) substitute— “3A Subject to subsection (4), where damage to any property has been caused which w
    6. (6) After subsection (3A) insert— “3B Subject to subsection (4), where compensation for damage to any property would have been payable by virtue of a claim unde
    7. (7) In subsection (4) (saving for conventions on international carriage), for the words from “subsection (1)(b)” to “this section” substitute “subsection (1E),
    8. (8) In the heading of section 12, omit “by virtue of ss. 7 to 10”.
12. 12 · Exclusion of rights to compensation in certain cases
    1. (1) Section 13 of the 1965 Act (exclusion, extension or reduction of compensation in certain cases) is amended as follows.
    2. (2) For subsection (1) (exclusion of occurrences outside the United Kingdom and injury or damage incurred in a place not in a relevant territory) substitute— “1
    3. (3) In subsection (2) (limitation in subsection (1)(b) not to apply to United Kingdom-registered ships and aircraft)—
    4. (4) After subsection (2) insert— “2A In the case of a breach of duty imposed by section 10, subsection (1C)(b) does not apply to injury or damage incurred by, o
    5. (5) In subsection (3) (certain liability arising by virtue of section 10 to depend on agreement in writing)—
    6. (6) For subsection (4) (effect of armed conflict or natural disaster) substitute— “4 A duty imposed by section 7(1A) or (1C), 7B, 8, 9, 10(1) or 11 as regards o
13. 13 · Extension of rights to compensation in certain cases
    1. (1) Section 13 of the 1965 Act is further amended as follows.
    2. (2) For subsection (5) (claim for compensation by a person who makes a payment in respect of injury etc but not because the person is subject to a duty under th
    3. (3) In subsection (5A) (limit on claims made by virtue of subsection (5)), for the words from “paragraph (b)” to the end substitute “subsection (5)(b), is subje
14. 14 · Reduction of compensation in certain cases
15. 15 · Damage to property and measures of reinstatement
16. 16 · Liens etc in respect of ships and aircraft excluded
    1. (1) Section 14 of the 1965 Act (protection for ships and aircraft) is amended as follows.
    2. (2) In subsection (1), for the words from the beginning to “shall not” (in the first place) substitute “A claim under this Act falling within subsection (1A) is
    3. (3) After subsection (1) insert— “1A The claims are— a a claim in respect of an occurrence falling within section 7(1B)(b), 10(1) or 11 which constitutes a brea
17. 17 · Time for bringing claims under sections 7 to 11
    1. (1) Section 15 of the 1965 Act (time for bringing claims under sections 7 to 11) is amended as follows.
    2. (2) For subsection (1) (claim not to be entertained if made more than 30 years after the relevant date) substitute— “1 A claim by virtue of section 7, 7B, 8, 9,
    3. (3) At the end of the section insert— “3 A claim in respect of injury caused by a breach of a duty under section 7, 7B, 8, 9, 10 or 11 may be made at any time b
18. 18 · Nuclear matter that is stolen, lost, jettisoned or abandoned
    1. (1) In section 15 of the 1965 Act, omit subsection (2) (twenty-year limitation period where breach of duty involved nuclear matter that is stolen, lost, jettiso
19. 19 · Satisfaction of claims by operator of site
    1. (1) Section 16 of the 1965 Act (satisfaction of claims by virtue of sections 7 to 10) is amended as follows.
    2. (2) For subsection (1) (liability of a United Kingdom operator) substitute— “1 The liability of a person to pay compensation under this Act by virtue of a duty
    3. (3) In subsection (1A) (power of Secretary of State to alter amounts)—
    4. (4) In subsection (2) (liability of a relevant foreign operator for breach of a duty imposed by section 10)—
    5. (5) At the end of the section insert— “6 Before exercising any function under subsection (1) or (1A) in or as regards Scotland, the Secretary of State must cons
20. 20 · Satisfaction of claims by Secretary of State etc
    1. (1) Section 16 of the 1965 Act is further amended as follows.
    2. (2) For subsection (3) (the use of United Kingdom and foreign public funds to satisfy claims for compensation) substitute— “3 A claim by virtue of a duty impose
    3. (3) In subsection (4) (resolution of legal questions relating to compensation beyond the requirements of the Paris Convention and the Brussels Supplementary Con
    4. (4) Omit subsection (5) (definition of “the relevant period”).
    5. (5) After subsection (7) (inserted by article 19) insert— “8 In this section “appropriate authority” means— a in the case of a claim by virtue of section 9 wher
21. 21 · Section 16 of the 1965 Act: supplementary
22. 22 · Section 16: phasing of increases in liability
23. 23 · Jurisdiction of courts in the United Kingdom
24. 24 · Jurisdiction of courts in the United Kingdom: jurisdiction excluded
    1. (1) Section 17 of the 1965 Act (jurisdiction etc) is amended as follows.
    2. (2) In subsection (1) (jurisdiction of courts in the United Kingdom, or in a part of the United Kingdom, excluded by a certificate of the Secretary of State or
    3. (3) Omit subsection (2) (certificate as evidence of the jurisdiction of a court in a particular part of the United Kingdom).
    4. (4) After subsection (6) insert— “7 In this section “appropriate authority” means— a in relation to England and Wales and Northern Ireland, the Secretary of Sta
25. 25 · Shared liability and foreign judgments
    1. (1) Section 17 of the 1965 Act is further amended as follows.
    2. (2) In subsection (3) (two or more persons in breach of a duty imposed under the Act or relevant foreign law: liability of the persons to be joint and several a
    3. (3) After subsection (3) insert— “3A The claims mentioned in subsection (3)(b) are to be satisfied— a in the case of a licensee, the operator of a relevant disp
    4. (4) In subsection (4) (application of Part 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 to court judgments certified as relevant foreign judgmen
    5. (5) In subsection (5) (defence to recovery of sums due under foreign judgments)—
26. 26 · Notice to Secretary of State of proceedings
27. 27 · Right of Secretary of State or foreign government to intervene
    1. (1) After section 17A of the 1965 Act (inserted by article 26) insert— “17B 1 If it appears to the Secretary of State that the condition in subsection (2) is sa
    2. (2) After section 17B of the 1965 Act (inserted by paragraph (1)) insert— “17C 1 If the conditions in subsection (2) are satisfied as regards proceedings brough
28. 28 · Proceedings conducted by foreign governments
29. 29 · Powers of Secretary of State in relation to foreign claims
30. 30 · Making United Kingdom funds available to satisfy claims for compensation
    1. (1) Section 18 of the 1965 Act (general cover for compensation by virtue of sections 7 to 10) is amended as follows.
    2. (2) In subsection (1) (obligation of the United Kingdom to make funds available for satisfying claims within the Paris Convention and Brussels Supplementary Con
    3. (3) After subsection (1) insert— “1ZA For the purposes of subsection (1), the limitation period applicable to a claim is— a subject to paragraphs (b) to (d), th
    4. (4) In subsection (1A) (the aggregate amount of money to be made available from United Kingdom funds and other sources described in subsection (1))—
    5. (5) In subsection (1B) (power to increase the aggregate amount)—
    6. (6) After subsection (1B) insert— “1C The reference in subsection (1)(a) to the funds required by section 19(1) to be available for the purpose of satisfying cl
    7. (7) After subsection (1C) (inserted by paragraph (6)) insert— “1D Subsection (1) does not apply to a claim that need not be satisfied, or to so much of a claim
    8. (8) After subsection (5) insert— “5A Before exercising the function under subsection (1B) in or as regards Scotland, the Secretary of State must consult the Sco
    9. (9) Omit subsection (6) (definition of “the relevant period”).
31. 31 · Making United Kingdom funds available: limits and exceptions
    1. (1) Section 18 of the 1965 Act is further amended as follows.
    2. (2) In subsection (2) (no contribution from United Kingdom funds for claims that are available under a relevant foreign law but are not claims within the Paris
    3. (3) In subsection (4) (no contribution from United Kingdom funds for claims based on a relevant foreign law but not made within a limitation period imposed by t
    4. (4) After subsection (4) insert— “4ZA But a claim is not to be left out of account for the purposes of subsection (1) if it may be entertained as described in s
    5. (5) Omit subsection (4A) (provision for countries that are party to the Brussels Supplementary Convention with transitional lower compensation level).
    6. (6) In subsection (4B) (limited contribution from United Kingdom funds where claims fall to be adjudicated in a country or territory that is bound only by the P
32. 32 · Obligation of licensee or operator to arrange cover for compensation
    1. (1) Section 19 of the 1965 Act (special cover for licensee’s liability) is amended as follows.
    2. (2) In subsection (1) (provision by licensee for meeting claims in cover periods)—
    3. (3) For subsection (1A) (meaning of “the required amount”, in relation to the provision to be made by a licensee for a cover period), substitute— “1A In this se
    4. (4) In subsection (2) (definition of “cover period” as period of licensee’s responsibility), for “section 7(2)(b) or (c) of this Act” substitute “section 7(1B)(
    5. (5) For subsection (2A) (effect of change in amounts under section 16 etc) substitute— “2A When the amount applicable to a licensee, as licensee of a licensed s
    6. (6) After subsection (2B) insert— “2C The current cover period continues to run (and no new cover period begins) in a case where— a the licensee of a licensed s
    7. (7) After subsection (2D) (inserted by paragraph (6)) insert— “2E If— a two or more amounts referred to in section 16(1) are applicable to a licensee, as licens
    8. (8) In subsection (3) (provision not relying on insurance may be made for sites collectively), for “the Minister” substitute “the appropriate authority”.
    9. (9) In subsection (4) (discretion to direct that a new cover period begin)—
    10. (10) After subsection (5) insert— “6 Subsections (1) to (5) apply to operators of relevant disposal sites as they apply to licensees of licensed sites, but with
    11. (11) After subsection (6) (inserted by paragraph (10)) insert— “7 In this section “appropriate authority” means— a in relation to England and Wales and Northern
    12. (12) In the heading of the section—
    13. (13) In section 25 (general provision as to offences), in subsection (1) (liability of directors of company etc)—
33. 33 · Furnishing of information relating to licensee’s or operator’s cover
    1. (1) Section 20 of the 1965 Act (furnishing of information relating to licensee’s cover) is amended as follows.
    2. (2) In subsection (1) (notice to be given by licensee when the value of claims made reach three-fifths of maximum liability)—
    3. (3) In subsection (2) (requirement to send the Minister statement of claims in a cover period), for “the Minister” substitute “the appropriate authority”.
    4. (4) In subsection (3) (copy of statement to be laid before Parliament)—
    5. (5) In subsection (4) (notice to the Minister before ceasing to keep funds available), for “the Minister” substitute “the appropriate authority”.
    6. (6) After subsection (4) insert— “5 Subsections (1) to (4) apply in relation to the operator of a relevant disposal site with the following modifications— a as
    7. (7) After subsection (5) (inserted by paragraph (6)) insert— “6 In this section “appropriate authority” means— a in relation to England and Wales and Northern I
    8. (8) In the heading of the section, after “licensee’s” insert “or operator’s”.
34. 34 · Power to make arrangements with respect to licensee’s or operator’s cover
    1. (1) After section 20 of the 1965 Act insert— “20A 1 The Secretary of State may make arrangements with any person for the purpose of enabling— a the licensee of
    2. (2) After section 20A of the 1965 Act (inserted by paragraph (1)) insert— “20B 1 As soon as reasonably practicable after making arrangements under section 20A(1
    3. (3) If this article comes into force before the main commencement day, the reference in section 20A(1) of the 1965 Act to the provision required by section 19(1
35. 35 · Cover for compensation in respect of damage to means of carriage
    1. (1) Section 21 of the 1965 Act (supplementary provisions with respect to cover for compensation in respect of carriage) is amended as follows.
    2. (2) In subsection (1) (claims in respect of damage to the means of carriage to be satisfied after other claims)—
    3. (3) In subsection (1A) (increase in amount in subsection (1))—
    4. (4) In subsection (2) (relevant foreign operator may be sued regardless of section 12)—
    5. (5) In subsection (3) (requirement for a licensee to give to the person transporting the licensee’s nuclear matter a document containing certain details issued
    6. (6) In subsection (4) (identification of the insurer or other person who is providing cover for claims)—
    7. (7) After subsection (4A) insert— “4B Before exercising the function under subsection (1A) or the function under subsection (3) of prescribing particulars in or
    8. (8) In subsection (5) (disapplication of provisions of the Road Traffic Act 1988), after “section 7,” insert “7B,”.
36. 36 · Registration in connection with certain occurrences and events
    1. (1) Section 23 of the 1965 Act (registration in connection with certain occurrences) is amended as follows.
    2. (2) In subsection (1), after “occurrence” (in both places) insert “or event”.
    3. (3) In subsection (2)—
    4. (4) In the heading, at the end insert “and events”.
37. 37 · Amounts in euros
38. 38 · Interpretation of the 1965 Act
    1. (1) Section 26 of the 1965 Act (interpretation) is amended as follows.
    2. (2) In subsection (1)—
    3. (3) In subsection (1), at the appropriate place insert— “• “appropriate permit” has the meaning given by section 7B;” “• “continental shelf”, in relation to a c
    4. (4) After subsection (1) insert— “1A A reference in this Act to a relevant reciprocating territory is a reference to— a a country that is not a party to a relev
    5. (5) After subsection (1D) (inserted by paragraph (4)) insert— “1E A reference in this Act to the exclusive economic zone of a country or territory, except in th
    6. (6) After subsection (2) insert— “2A If nuclear matter is in a place at a particular time as a consequence of an occurrence falling within section 7(1B) (includ
    7. (7) After subsection (2A) (inserted by paragraph (6)) insert— “2B In relation to an occurrence or event in respect of which one or more persons incur liability—
    8. (8) In subsection (3)—
39. 39 · Further amendments
40. 40 · Transitional provision
    1. (1) The amendments made by this Order do not have effect in relation to—
    2. (2) In paragraph (1)—
    3. (3) If nuclear matter or waste is in a place other than a relevant site for a pre-commencement reason, no effect resulting from the radioactive properties of th
    4. (4) Nuclear matter or waste is in a particular place for a pre-commencement reason if it is there—
    5. (5) The amendments made by this Order to section 16(1) of the 1965 Act do not affect liability in respect of any occurrence (within the meaning of the 1965 Act
    6. (6) At the beginning of the main commencement day, the current cover period relating to a licensee of a licensed site is to end, and a new cover period is to be
    7. (7) The following powers under section 19(1) of the 1965 Act may be exercised before the main commencement day as regards the provision that would be required u
    8. (8) Approval so given (and not withdrawn) is to be treated as having effect from the beginning of the main commencement day.
    9. (9) In this article— • “cover period”— (a) in relation to times before the main commencement day, has the meaning given by section 19(2) of the 1965 Act (as tha
41. Schedule 1 · Measures of reinstatement outside the United Kingdom
42. Schedule 2 · Further amendments
    1. Part 1 Primary legislation
    2. Part 2 Secondary legislation