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Nuclear Installations Act 1965

Type Public General Act

Publication 1965-08-05

Last updated 2026-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Control of certain nuclear installations and operations

Maintenance of list of licensed sites.

1

(1) No person may use a site for the purpose of installing or operating—

(a) any nuclear reactor (other than a nuclear reactor comprised in a means of transport, whether by land, water or air), or

(b) any other installation of a prescribed kind,

unless a licence to do so has been granted in respect of the site by the appropriate national authority and is in force.

(2) Such a licence is referred to in this Act as a “nuclear site licence”.

(2A) Subsection (1) does not apply to a fusion energy facility.

(2B) In subsection (2A), “fusion energy facility” means a site that is—

(a) used for the purpose of installing or operating any plant designed or adapted for the production of electrical energy or heat by fusion, and

(b) not also used for the purpose of installing or operating a nuclear reactor.

(3) The only kinds of installation that may be prescribed under subsection (1)(b) are installations (other than nuclear reactors) designed or adapted for—

(a) producing or using atomic energy,

(b) any process which—

(i) is preparatory or ancillary to producing or using atomic energy, and

(ii) involves, or is capable of causing, the emission of ionising radiations, or

(i) nuclear fuel, or

(ii) bulk quantities of other radioactive matter which has been produced or irradiated in the course of the production or use of nuclear fuel.

(4) Regulations under subsection (1)(b) may make provision for exempting an installation from subsection (1).

(5) Regulations made by virtue of subsection (4)—

(a) may provide for any exemption to be conditional;

(b) may not result in an installation being exempt from subsection (1) unless the Secretary of State is satisfied that it is not a relevant installation (or, in the case of a conditional exemption, would not be a relevant installation if the prescribed conditions were satisfied).

(6) Before exercising any function under subsection (1)(b), (4) or (5) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.

(7) Any person who contravenes subsection (1) is guilty of an offence.

(7A) A person convicted of an offence under subsection (7) in England and Wales is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.

(8) A person convicted of an offence under subsection (7) in ... Scotland is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding 12 months, ... or a fine not exceeding £20,000 ..., or both.

(9) A person convicted of an offence under subsection (7) in Northern Ireland is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.

(10) In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (7A)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.

(11) Subsection (1) is subject to section 47 of the Energy Act 2008 (prohibition in England and Wales and Northern Ireland on use of site in absence of approved funded decommissioning programme).

(12) In this section, “site” includes a site situated wholly or partly in or under the territorial sea adjacent to the United Kingdom.

Prohibition of certain operations except under permit

2

(1) Notwithstanding that a nuclear site licence is for the time being in force or is not for the time being required in respect thereof, no person other than the Authority shall use any site—

(a) for any treatment of irradiated matter which involves the extraction therefrom of plutonium or uranium; or

(b) for any treatment of uranium such as to increase the proportion of the isotope 235 contained therein,

except under, and in accordance with the terms of, a permit in writing . . . granted by the Authority or a government department and for the time being in force; and any fissile material produced under such a permit shall be disposed of only in such manner as may be approved by the authority by whom the permit was granted.

(1A) A permit granted under this section, unless it is granted by the Minister, shall not authorise the use of a site as mentioned in paragraph (a) or paragraph (b) of the foregoing subsection otherwise than for purposes of research and development.

(1B) Where a permit granted under this section by the Minister to a body corporate authorises such a use of a site for purposes other than, or not limited to, research and development, the Minister may by order direct that the provisions set out in Schedule 1 to this Act shall have effect in relation to that body corporate.

(1C) Any power conferred by this section to make an order shall include power to vary or revoke the order by a subsequent order; and any such power shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(1D) Any permit granted under this section by the Authority or by the Minister or any other government department may at any time be revoked by the Authority or by the Minister or that department, as the case may be, or may be surrendered by the person to whom it was granted.

(2) Any person who contravenes subsection (1) of this section shall be guilty of an offence and be liable—

(a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both;

(b) on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding five years or to both.

Nuclear site licences

Damage to property and measures of reinstatement

3

(1) A nuclear site licence—

(a) may be granted only to a body corporate;

(b) is not transferable.

(2) The appropriate national authority must consult the appropriate environment authority before granting a nuclear site licence.

(3) Two or more installations in the vicinity of one another may, if the appropriate national authority consider appropriate, be treated for the purposes of the grant of a nuclear site licence as being on the same site.

(4) Subject to subsection (8), where an application is made for a nuclear site licence, the appropriate national authority may direct the applicant to serve a notice on any public authority specified in the direction.

(5) For this purpose “ public authority ” includes—

(a) in relation to a site in England or Wales, a water undertaker;

(b) in relation to a site in Scotland, Scottish Water;

(c) in relation to a site in Northern Ireland, a water undertaker (within the meaning of the Water and Sewerage Services) (Northern Ireland) Order 2006 ( S.I. 2006/3336 ( . 21)).

(6) Such a notice must—

(a) state that the application has been made,

(b) give such particulars about the proposed use of the site under the licence as may be specified in the direction, and

(c) state that the body on whom it is served may make representations about the application to the appropriate national authority within three months of the date of service.

(7) Where a direction has been given under subsection (4), the appropriate national authority may not grant the licence unless it is satisfied that—

(a) three months have passed since the service of the last of the notices required by the direction, and

(b) the authority has considered any representations made in accordance with any of those notices.

(8) Subsection (4) does not apply in relation to an application in respect of a site for a generating station where—

(a) a consent under section 36 of the Electricity Act 1989 is required for the operation of the station (or would be required but for an order under the Planning Act 2008 granting development consent for the site or an order under the Infrastructure (Wales) Act 2024 granting infrastructure consent for the site), or

(b) a consent under Article 39 of the Electricity (Northern Ireland) Order 1992 is required for the operation of the station.

(9) A nuclear site licence may include provision about when section 19(1) is to start to apply in relation to the licensed site.

(10) But, if the licence relates to a site in England, Wales or Scotland, such a provision may be included only with the consent of the Secretary of State.

(11) Where a nuclear site licence includes such a provision, section 19(1) does not apply in relation to the site until—

(a) the time determined in accordance with the provision, or

(b) if earlier, the time when the site is first used for the operation of a nuclear installation after the grant of the licence.

(12) The appropriate national authority may from time to time vary a nuclear site licence by excluding from it any part of the licensed site—

(a) which the licensee no longer needs for any use requiring such a licence, and

(b) with respect to which the appropriate national authority is satisfied that there is no danger from ionising radiations from anything on that part of the site.

(13) The appropriate national authority must consult the appropriate environment authority before varying a nuclear site licence if the variation relates to or affects the creation, accumulation or disposal of radioactive waste.

(14) In subsection (13), “radioactive waste”—

(a) in relation to a site in England or Wales, has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ;

(b) in relation to a site in ...Northern Ireland, has the same meaning as in the Radioactive Substances Act 1993.

(c) in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

Attachment of conditions to licences

4

(1) The appropriate national authority—

(a) must, when it grants a nuclear site licence, attach to it such conditions as the authority considers necessary or desirable in the interests of safety, and

(b) may attach such conditions to it at any other time.

(2) For the purposes of subsection (1), “ safety ” in relation to a nuclear site includes—

(a) safety in normal circumstances, and

(b) safety in the event of any accident or other emergency on the site.

(3) Conditions that may be attached to a licence by virtue of subsection (1) may in particular include provision—

(a) for securing that an efficient system is maintained for detecting and recording the presence and intensity of any ionising radiations from time to time emitted from anything on the site or from anything discharged on or from the site;

(b) with respect to the design, siting, construction, installation, operation, modification and maintenance of any plant or other installation on, or to be installed on, the site;

(c) with respect to preparations for dealing with, and measures to be taken on the happening of, any accident or other emergency on the site;

(d) without prejudice to sections 13 and 16 of the Radioactive Substances Act 1993 or to the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), or to the Environmental Authorisations (Scotland) Regulations 2018 with respect to the discharge of any substance on or from the site.

(4) The appropriate national authority may at any time attach to a nuclear site licence such conditions as the appropriate national authority may consider appropriate with respect to the handling, treatment and disposal of nuclear matter.

(5) The appropriate national authority may at any time vary or revoke any condition for the time being attached to a nuclear site licence by virtue of this section.

(6) The appropriate national authority must consult the appropriate environment authority before—

(a) attaching any condition to a nuclear site licence, or

(b) varying or revoking any condition attached to a nuclear site licence,

if the condition relates to or affects the creation, accumulation or disposal of radioactive waste.

(7) In subsection (6) “radioactive waste”—

(a) in relation to a site in England or Wales, has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016;

(b) in relation to a site in ... Northern Ireland, has the same meaning as in the Radioactive Substances Act 1993;

(c) in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

(8) Any power under this section to attach, vary or revoke a condition is exercisable in writing.

(9) The appropriate national authority must consider any representation which is—

(a) made to it by an organisation representing persons who have duties on a site in respect of which a nuclear site licence is in force, and

(b) relates to the exercise by the authority of any of its powers under this section in relation to the site.

(10) Where a condition attached to a nuclear site licence by virtue of this section is contravened, each of the following is guilty of an offence—

(a) the licensee, and

(b) any person having duties upon the site in question who committed the contravention.

(10A) person convicted of an offence under subsection (7) in England and Wales is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.

(11) A person convicted of an offence under subsection (10) in ... Scotland is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding 12 months, ... or a fine not exceeding £20,000 ..., or both.

(12) A person convicted of an offence under subsection (10) in Northern Ireland is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.

(13) In relation to an offence committed before 2 May 2022 the reference to the general limit in a magistrates’ court in subsection (10A)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.

Revocation and surrender of licences

5

(1) A nuclear site licence may at any time be—

(a) revoked by the appropriate national authority, or

(b) surrendered by the licensee.

(2) The appropriate national authority must consult the appropriate environment authority before revoking a nuclear site licence.

(3) Subsections (4) to (6) apply where a nuclear site licence has been revoked or surrendered.

(4) If the appropriate national authority requires it to do so, the licensee must deliver up or account for the licence to such person as the appropriate national authority may direct.

(5) During the remainder of the period of the licensee's responsibility the appropriate national authority may give the licensee such directions as the authority may consider appropriate for preventing, or giving warning of, any risk of—

(a) injury to any person, or

(b) damage to any property,

by ionising radiations from anything remaining on the site.

(6) A nuclear safety inspector may direct the licensee to ensure that, during the remainder of the period of responsibility, notices indicating the limits of the site are kept posted on the site in the positions specified in the direction.

(7) For this purpose, “ nuclear safety inspector ” means an inspector appointed—

(a) by the ONR under Schedule 8 to the Energy Act 2013, in the case of a site in England, Wales or Scotland, or

(b) under section 24, in the case of a site in Northern Ireland.

(8) A licensee who contravenes any direction for the time being in force under subsection (5) or (6) is guilty of an offence.

(9) A person who without reasonable cause pulls down, injures or defaces any notice posted under subsection (6) is guilty of an offence.

(9A) A person convicted of an offence under subsection (8) in England and Wales is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.

(10) A person convicted of an offence under subsection (8) in ... Scotland is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding 12 months, ... or a fine not exceeding £20,000 ..., or both.

(11) A person convicted of an offence under subsection (8) in Northern Ireland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 12 months, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.

(12) A person convicted of an offence under subsection (9) is liable on summary conviction—

(a) in England and Wales or Scotland, to a fine not exceeding level 2 on the standard scale;

(b) in Northern Ireland, to a fine not exceeding level 1 on the standard scale.

(13) In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (9A)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.

(14) In this Act, “ period of responsibility ” in relation to the licensee under a nuclear site licence means, as respects the site in question or any part of it, the period—

(a) beginning with the grant of the licence, and

(b) ending with whichever of the dates in subsection (15) is the earliest,

except that it does not include any period during which section 19(1) does not apply in relation to the site.

(15) Those dates are—

(a) the date when the appropriate national authority gives notice in writing to the licensee that in the authority's opinion there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, on the part of it in question;

(b) the date when a new nuclear site licence in respect of a site comprising the site in question or, as the case may be, that part of it, is granted (whether to the same licensee or to some other person);

(i) the site in question or, as the case may be, that part of it is used or occupied by or on behalf of the Crown, and

(ii) a nuclear site licence has ceased to be required in respect of that site or part.

Maintenance of list of licensed sites

6

(1) The appropriate authority must maintain a list showing—

(a) every site in respect of which a nuclear site licence has been granted, and

(b) every site which is or was a relevant disposal site.

(2) The list—

(a) need not show any site or part of a site falling within subsection (1)(a) in the case of which—

(i) no nuclear site licence is for the time being in force; and

(ii) 30 years have passed since the end of the last licensee's period of responsibility;

(aa) need not show any site or part of a site falling within subsection (1)(b) in the case of which—

(i) no appropriate permit is for the time being in force; and

(ii) 30 years have passed since the date on which the appropriate environment authority gave notice to an operator of the site that in the opinion of that authority there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, part of it;

(b) must include a map or maps showing the position and limits of each site shown in the list.

(3) The authority must arrange for the list, or a copy of it, to be available for inspection by the public.

(4) In this section “ appropriate authority ” means—

(a) in relation to England and Wales and Northern Ireland, the Secretary of State;

(b) in relation to Scotland, the Scottish Ministers.

Duty of licensee, etc., in respect of nuclear occurrences

Duty of licensee of licensed site

7

(1) Subject to subsection (4), where a nuclear site licence has been granted in respect of a site, the licensee has the duties set out in subsections (1A), (1C) and (1E).

(1A) It is the duty of the licensee to secure that no occurrence involving nuclear matter falling within subsection (1B) causes—

(a) injury to any person,

(b) damage to any property of any person other than the licensee, or

being injury, damage or impairment that arises out of or results from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter.

(1B) The occurrences referred to in subsection (1A) are—

(a) any occurrence on the licensed site involving nuclear matter during the period of the licensee’s responsibility;

(b) any occurrence elsewhere than on the licensed site involving nuclear matter that is not excepted matter and which, at the time of the occurrence, satisfies the requirement mentioned in section 7A(1).

(1C) It is the duty of the licensee to secure that no occurrence involving the emission of ionising radiations falling within subsection (1D) causes—

(a) injury to any person,

(b) damage to any property of any person other than the licensee, or

(1D) The occurrences referred to in subsection (1C) are—

(a) an emission of ionising radiations during the period of the licensee’s responsibility from anything caused or suffered by the licensee to be on the site which is not nuclear matter;

(b) a discharge on or from the site of waste, being waste (of any form) that emits ionising radiations but is not nuclear matter, during the period of the licensee’s responsibility.

(1E) It is the duty of the licensee to secure that no event happens that creates a grave and imminent threat of a breach of the duty under subsection (1A) or (1C).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In determining the liability of the licensee of a licensed site by virtue of subsection (1A) or (1C) in respect of an occurrence, any such property as is mentioned in subsection (3B) which is on that site at the time of the occurrence is to be deemed to be the property of the licensee, notwithstanding that it is the property of some other person.

(3A) In determining the liability of the licensee of a licensed site by virtue of subsection (1E) in respect of an event, any such property as is mentioned in subsection (3B) which is on that site at the time of the event is to be deemed to be the property of the licensee, notwithstanding that it is the property of some other person.

(3B) The property referred to in subsections (3) and (3A) is—

(a) a nuclear installation;

(b) property other than a nuclear installation which is on the licensed site for the purpose of being used in connection with the operation, or the cessation of the operation, by the licensee of a nuclear installation which is or has been on that site;

(c) property other than a nuclear installation which is on the licensed site for the purpose of the construction of a nuclear installation on that site;

(d) an installation for the disposal of nuclear matter.

(4) Section 8 of this Act shall apply in relation to sites occupied by the Authority.

Duty of Authority

8

Sections 7 and 7A of this Act shall apply in relation to the Authority—

(a) as if any premises which are or have been occupied by the Authority were a site in respect of which a nuclear site licence has been granted to the Authority; and

(b) as if in relation to any such premises any reference to the period of the licensee’s responsibility were a reference to any period during which the Authority is in occupation of those premises ; and sections 7 and 7A shall so apply whether or not a nuclear site licence has been granted in respect of the premises in question.

Duty of Crown in respect of certain sites

9

(1) If a government department uses any site for any purpose which, if section 1 of this Act applied to the Crown, would require the authority of a nuclear site licence in respect of that site, sections 7 and 7A of this Act shall apply in like manner as if—

(a) the Crown were the licensee under a nuclear site licence in respect of that site; and

(b) any reference to the period of the licensee’s responsibility were a reference to any period during which the department occupies the site.

(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 relevant disposal site, sections 7 and 7A are to apply in respect of that site as they apply in relation to the licensee of a licensed site, but with the following modifications—

(a) a reference to a case in which a nuclear site licence has been granted is to be read as a reference to a case in which a site is used by a government department for a purpose which, if section 7B applied to the Crown, would cause the site to be a relevant disposal site (a “disposal purpose”);

(b) a reference in those sections to a site in respect of which a nuclear site licence has been granted is to be read as a reference to a site used by a government department for a disposal purpose;

(c) a reference in those sections to the licensee of a licensed site is to be read as a reference to the government department that is using a site for a disposal purpose;

(d) paragraph (d) of section 7(3B) is to be disregarded;

(e) the reference in section 7(1B)(a) to the period of responsibility of a licensee under a nuclear site licence is to be read, when applied in relation to a government department using a site for a disposal purpose, as a reference to the period during which the department is responsible for the site.

(3) For the purposes of subsection (2)(e) a government department is responsible for a site used by it for a disposal purpose, or for any part of a site so used by it, during the period that—

(a) begins—

(i) when article 4 of the Nuclear Installations (Liability for Damage) Order 2016 comes fully into force, or

(ii) if later, when the department starts to use the site or, as the case may be, part of it for a disposal purpose, and

(b) ends with whichever of the dates in subsection (4) is the earliest.

(4) The dates referred to in subsection (3)(b) are—

(a) the date when the department ceases to occupy the site or, as the case may be, part of it, and

(b) the date when, if section 1 applied to the Crown, the use of the site or, as the case may be, part of it would require the authority of a nuclear site licence.

(5) In determining for the purposes of subsection (2) whether a use of a site would, if section 7B applied to the Crown, cause the site to be a relevant disposal site—

(a) section 7B(5)(a) is to be read as if it referred to a site or part of a site which is or was used for a purpose which, if section 1 applied to the Crown, would require the authority of a nuclear site licence in respect of that site,

(b) section 7B(5)(c) is to be disregarded,

(c) any limitation on the application to the Crown of a requirement to have an appropriate permit is to be disregarded, and

(d) the Crown is to be taken to have complied with any requirement which would, if complied with, exempt a person from being required to have an appropriate permit in relation to the site.

Duty of certain foreign operators

10

(1) It is the duty of a relevant foreign operator to secure that no occurrence involving nuclear matter which is not excepted matter and satisfying the conditions in subsections (2) and (4) causes—

(a) injury to any person,

(b) damage to any property of any person other than that operator, or

(1A) It is the duty of a relevant foreign operator to secure that no event happens that creates a grave and imminent threat of a breach of the duty under subsection (1).

(2) The condition in this subsection is that the occurrence is—

(a) an occurrence taking place wholly or partly within United Kingdom limits; or

(b) an occurrence taking place outside those limits which also involves nuclear matter in respect of which a duty is imposed on any person by section 7, 7B, 8 or 9.

(3) For the purposes of subsection (2), an occurrence takes place within United Kingdom limits if it takes place—

(a) within the territorial limits of the United Kingdom, or

(b) within the limits of the United Kingdom’s relevant maritime zone,

and the limits of that zone are to be treated as applying to sea, sea bed, subsoil and airspace.

(4) The condition in this subsection is that the nuclear matter involved in the occurrence would, if the relevant foreign operator were the licensee of a licensed site and that operator’s relevant site were a licensed site, satisfy the requirement in section 7A(1) in relation to the relevant foreign operator at the time of the occurrence.

Duty of other persons causing nuclear matter to be carried

11

Where any nuclear matter, not being excepted matter, is in the course of carriage within the territorial limits of the United Kingdom on behalf of any person (hereafter in this section referred to as “the responsible party”) and—

(a) the carriage is not relevant carriage; and

(b) the nuclear matter is not for the time being on any relevant site,

it shall be the duty of the responsible party to secure that no occurrence involving that nuclear matter causes injury to any person or damage to any property of any person other than the responsible party, being injury or damage incurred within the said territorial limits and arising out of or resulting from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter.

Right to compensation in respect of breach of duty

Right to compensation by virtue of ss. 7 to 10

12

(1) Where any injury or damage has been caused in breach of a duty imposed by section 7, 7B, 8, 9 or 10, compensation is payable in accordance with section 16 wherever the injury or damage was incurred.

(1A) Where any significant impairment of the environment has been caused in breach of a duty imposed by section 7, 7B, 8, 9 or 10, such compensation as may be claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is payable in accordance with section 16 wherever the impairment arises.

(1B) Where preventive measures are taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10, such compensation as may be claimed by virtue of section 11H(1) is payable in accordance with section 16 wherever the preventive measures are taken.

(1C) Where any injury to a person or damage to property is caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10, such compensation as may be claimed by virtue of section 11H(2) is payable in accordance with section 16 wherever the injury or damage was incurred.

(1D) Subsections (1) to (1C) are subject to—

(a) section 13(1), (1C), (3), (4) and (4A),

(b) section 15, and

(1E) No liability other than that imposed by subsections (1) to (1C) may be incurred by any person in respect of—

(a) injury, damage or significant impairment of the environment caused or threatened in breach of a duty imposed by section 7, 7B, 8, 9 or 10,

(b) preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10, or

(1F) Subsection (1E) is subject to—

(a) subsections (1G), (3) and (4), and

(b) section 21(2).

(1G) Subsection (1E) does not affect such liability as may be incurred in relation to—

(a) a preventive measure or part of a preventive measure in respect of which a claim for compensation under section 11H(1) may not be made, or

(b) such injury or damage as is excluded from a claim for compensation under this Act by section 11H(3).

(2) Subject to subsection (3), any injury, damage or significant impairment of the environment which, though not caused in breach of a duty imposed by section 7, 7B, 8, 9 or 10, is not reasonably separable from injury, damage or significant impairment so caused, is to be deemed for the purposes of subsections (1) to (1C) to have been so caused.

(3) Where any injury, damage or significant impairment of the environment is caused partly in breach of such a duty as aforesaid and partly by an emission of ionising radiations which does not constitute such a breach, subsection (2) of this section shall not affect any liability of any person in respect of that emission apart from this Act, but a claimant shall not be entitled to recover compensation in respect of the same injury, damage or significant impairment of the environment both under this Act and otherwise than under this Act.

(3A) Subject to subsection (4), where damage to any property has been caused which was not caused in breach of a duty imposed by section 7, 7B, 8, 9 or 10 but which would have been caused in breach of such a duty if in section 7(1A)(b) and (1C)(b) the words “other than the licensee” or in section 10(1)(b) the words “other than that operator” had not been enacted, no liability which, apart from this subsection, would have been incurred by any person in respect of that damage is to be so incurred except—

(a) in pursuance of an agreement to incur liability in respect of such damage entered into in writing before the occurrence of the damage, or

(b) where the damage was caused by an act or omission of that person done with intent to cause injury or damage.

(3B) Subject to subsection (4), where compensation for damage to any property would have been payable by virtue of a claim under section 11H(2) if section 11H(4) had not been enacted, no liability which, apart from this subsection, would have been incurred by any person in respect of that damage is to be so incurred except—

(a) in pursuance of an agreement to incur liability in respect of such damage entered into in writing before the occurrence of the damage, or

(b) where the damage was caused by an act or omission done maliciously or negligently by the person whose breach of a duty imposed by section 7, 7B, 8, 9 or 10 is the reason for the claim.

(4) Subject to section 13(5) of this Act, nothing in subsection (1E), (3A) or (3B) shall affect—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the operation of the Carriage by Air Act 1932, the Carriage by Air Act 1961 or the Carriage by Air (Supplementary Provisions) Act 1962 in relation to any international carriage to which a convention referred to in the Act in question applies; or

(c) the operation of any Act which may be passed to give effect to the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956.

Exclusion, extension or reduction of compensation in certain cases

13

(1) Compensation is not payable under this Act in the case of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 if—

(a) the breach of duty consisted of an occurrence falling within section 7(1B)(b) or 10(1) which took place wholly within the limits relating to a single relevant territory other than the United Kingdom;

(b) the breach of duty consisted of an event creating a grave and imminent threat of such breach of duty as is mentioned in paragraph (a) and the event took place wholly within the limits relating to a single relevant territory other than the United Kingdom;

(c) the injury, damage or significant impairment of the environment caused by the breach of duty was incurred within the territorial limits of a country or territory that is not a qualifying territory; or

(d) in relation to compensation that would but for this paragraph be claimed under section 11H(1) or (2), the preventive measures in question were or would be taken in a place within the territorial limits of a country or territory that is not a qualifying territory.

(1A) For the purposes of subsection (1), the limits relating to a relevant territory are—

(a) its territorial limits; and

(b) where the relevant territory has a relevant maritime zone, the limits of its relevant maritime zone (which are to be treated as applying to sea, sea bed, subsoil and airspace).

(1B) Subsection (1) is subject to subsections (2) and (5).

(1C) Compensation is not payable under this Act in the case of a breach of a duty imposed by section 10 if—

(a) the injury, damage or significant impairment of the environment caused by the breach of duty was incurred in, under or above the sea outside the territorial limits of any country or territory; or

(b) in relation to compensation that would but for this paragraph be claimed under section 11H(1) or (2), the preventive measures in question were or would be taken in, under or above the sea outside the territorial limits of any country or territory.

(1D) Subsection (1C) does not apply if the injury, damage or significant impairment of the environment in question was incurred or the preventive measures in question were or would be taken—

(a) in or above the sea within the exclusive economic zone of any qualifying territory, or

(b) on the continental shelf of any qualifying territory.

(1E) Subsection (1C) is also subject to subsections (2A) and (5).

(2) In the case of a breach of a duty imposed by section 7, 7B, 8 or 9 of this Act, subsection (1)(c) and (d) of this section shall not apply to injury or damage incurred by, or by persons or property on, a ship or aircraft registered in the United Kingdom.

(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, or by persons or property on, a ship or aircraft registered in a qualifying territory.

(3) Compensation shall not be payable under this Act in the case of a breach of a duty imposed by section 10 of this Act in respect of such carriage as satisfies the condition in section 10(4) by reference to the condition in section 7A(2) unless the agreement so referred to was expressed in writing.

(4) A duty imposed by section 7(1A) or (1C), 7B, 8, 9, 10(1) or 11 as regards occurrences—

(a) does not impose on the person subject to that duty any liability with respect to injury, damage or impairment of the environment caused by an occurrence which constitutes a breach of that duty if the occurrence, or the fact that the occurrence causes the injury, damage or impairment of the environment, is attributable to hostile action in the course of any armed conflict, including any armed conflict within the United Kingdom; but

(b) does impose such a liability where the occurrence, or the fact that the occurrence causes the injury, damage or significant impairment of the environment, is attributable to a natural disaster, notwithstanding that the disaster is of such an exceptional character that it could not reasonably have been foreseen.

(4A) A duty imposed by section 7(1E), 7B, 8, 9 or 10(1A) as regards events creating a grave and imminent threat of a breach of another duty imposed by section 7, 7B, 8, 9 or 10—

(a) does not impose any liability on the person subject to that duty if the event is attributable to hostile action in the course of any armed conflict, including any armed conflict within the United Kingdom; but

(b) does impose such a liability where the event is attributable to a natural disaster, notwithstanding that the disaster is of such an exceptional character that it could not reasonably have been foreseen.

(5) Where, in the case of an occurrence or event which constitutes a breach of a duty under section 7, 7B, 8, 9 or 10, a person (“A”) other than the person subject to that duty makes a payment to another person (“B”) in respect of material harm connected to the breach of duty or the cost of preventive measures taken after the breach of duty and—

(a) the payment is made in pursuance of any of the international conventions referred to in the Acts mentioned in section 12(4), or

(b) the payment is made in accordance with the law of a country or territory that is not a relevant territory,

A may make such claim under this Act (if any) as would have been available to A if the material harm in question had affected A or A’s property or A had incurred the cost of taking the preventive measures.

(5ZA) A reference in subsection (5) to material harm connected to a breach of a duty under section 7, 7B, 8, 9 or 10 is a reference to—

(a) injury, damage to property or significant impairment of the environment caused by the occurrence which constitutes the breach of duty, or

(b) injury or damage to property caused by a preventive measure taken after the occurrence or event which constitutes the breach of duty.

(5ZB) A claim for compensation under this Act made by A by virtue of subsection (5) is not to be treated as a special relevant claim unless it would have been such a claim if made by B.

(5A) The amount that a person may claim by virtue of subsection (5) of this section shall not exceed the amount of the payment made by him and, in the case of a claim made by virtue of subsection (5)(b), is subject to the limit on liability under section 16(1), (1ZA), ... (1ZB) or (2) that is applicable to the person subject to the duty.

(6) The amount of compensation payable to or in respect of any person under this Act by virtue of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 may be reduced in accordance with subsection (7).

(7) The amount may be reduced if, and to the extent that, the injury, damage or significant impairment of the environment in respect of which the compensation is, or would but for this subsection be, payable to or in respect of the person is attributable to—

(a) an act or omission of that person done with the intention of causing harm to any person or property or to any part of the environment, or

(b) an act or omission of that person done with reckless disregard for the consequences of the act or omission.

Protection for ships and aircraft

14

(1) A claim under this Act falling within subsection (1A) is not to give rise to any lien or other right in respect of any ship or aircraft; and the following provisions of the Administration of Justice Act 1956 (which relate to the bringing of actions in rem against ships or aircraft in England and Wales, Scotland and Northern Ireland respectively), that is to say—

(a) section 3(3) and (4);

(b) section 47; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , shall not apply to that claim.

(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 breach of a person’s duty under section 7, 7B, 8, 9, 10 or 11;

(b) a claim in respect of an event that constitutes a breach of a duty under section 7(1E), 7B, 8, 9 or 10(1A) where the threatened breach of duty would consist of an occurrence falling within section 7(1B)(b) or 10(1).

(2) Subsection (1) of this section shall have effect in relation to any claim notwithstanding that by reason of section 16 of this Act no payment for the time being falls to be made in satisfaction of the claim.

Bringing and satisfaction of claims

Time for bringing claims under ss. 7 to 11

15

(1) A claim by virtue of section 7, 7B, 8, 9, 10 or 11 of this Act may be made at any time before, but is not to be entertained if made at any time after, the expiration of 10 years from the relevant date.

(1A) Subsection (1) is subject to subsections (3), (4) and (6).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 before, but is not to be entertained if made at any time after, the expiration of 30 years from the relevant date.

(4) A claim in respect of injury where—

(a) that injury is caused by ionising radiations, and

(b) exposure to those ionising radiations is the result of preventive measures having been taken after a breach of a duty under section 7, 7B, 8, 9 or 10,

may be made at any time before, but is not to be entertained if made at any time after, the expiration of 30 years from the relevant date.

(5) Subsections (3) and (4) are subject to subsection (6).

(6) A claim made after the expiration of the period that applies to it because of subsection (1), (3) or (4) may be entertained if—

(a) the European Nuclear Energy Tribunal has determined that a court in the United Kingdom has jurisdiction in respect of that claim or description of claim, and

(b) the claim is brought—

(i) within the period specified by the Tribunal, or

(ii) if the Tribunal does not specify a period, within the period of 28 days beginning with the day after the day on which the Tribunal made its determination.

(7) This section has effect notwithstanding provision in any other enactment about the period of time for the bringing of proceedings.

(8) A reference in this section to the relevant date is—

(a) in the case of a claim in respect of an occurrence which constitutes a breach of a person’s duty under section 7(1A) or (1C), 7B, 8, 9, 10(1) or 11, a reference to—

(i) the date of the occurrence,

(ii) where the occurrence is a continuing one, the date of the last thing to happen in the course of that occurrence,

(iii) where the occurrence is one of a succession of occurrences, all of which are attributable to a particular happening on a particular relevant site or to the carrying out from time to time on a relevant site of a particular operation, the date of the last thing to happen in the course of that succession of occurrences, or

(iv) where the occurrence is one of a succession of occurrences, all of which are attributable to a particular happening and take place during one course of carriage, the date of the last thing to happen in the course of that succession of occurrences;

(b) in the case of a claim in respect of an event which constitutes a breach of a person’s duty under section 7(1E), 7B, 8, 9 or 10(1A) because it created a grave and imminent threat of a breach of another duty imposed by section 7, 7B, 8, 9 or 10, a reference to—

(i) the date of the event,

(ii) where the event is a continuing one, the date of the last thing to happen in the course of that event,

(iii) where the event is one of a succession of events, all of which are attributable to a particular happening on a particular relevant site, the date of the last thing to happen in the course of that succession of events, or

(iv) where the event is one of a succession of occurrences, all of which are attributable to a particular happening and take place during one course of carriage, the date of the last thing to happen in the course of that succession of events.

Satisfaction of claims by virtue of ss. 7 to 10

16

(1) The liability of a person to pay compensation under this Act by virtue of a duty imposed on that person by section 7, 7B, 8 or 9 does not require that person to make in respect of any one occurrence or event constituting a breach of that duty payments by way of compensation exceeding in the aggregate, apart from payments in respect of interest or costs—

(a) the equivalent in sterling of 70 million euros, where the person is the licensee of a licensed site that is prescribed for the purposes of this paragraph and the breach of duty is a breach of duty by that person as licensee of that licensed site that consists of—

(i) an occurrence or event on the licensed site, or

(ii) an occurrence or event elsewhere than on the licensed site involving nuclear matter other than excepted matter, where the nuclear matter in question satisfies the condition in section 7A(8) in relation to the licensee, without also satisfying any of the conditions in section 7A(2) to (7);

(b) the equivalent in sterling of 70 million euros, where the person is the operator of a relevant disposal site that is a site prescribed for the purposes of this paragraph and the breach of duty is a breach of duty by that person as the operator of that relevant disposal site that consists of—

(i) an occurrence or event on the relevant disposal site, or

(ii) an occurrence or event elsewhere than on the relevant disposal site involving nuclear matter other than excepted matter, where the nuclear matter in question satisfies the condition in section 7A(8) (as applied by section 7B) in relation to the operator, without also satisfying any of the conditions in section 7A(2) to (7) (as applied by section 7B);

(c) the equivalent in sterling of 160 million euros, where the person is the licensee of a licensed site that is prescribed for the purposes of this paragraph and the breach of duty is a breach of duty by the person as licensee of that licensed site that consists of—

(i) an occurrence or event on the licensed site, or

(ii) an occurrence or event elsewhere than on the licensed site involving nuclear matter other than excepted matter, where the nuclear matter in question satisfies the condition in section 7A(8) in relation to the licensee, without also satisfying any of the conditions in section 7A(2) to (7);

(d) the equivalent in sterling of 80 million euros, in the case of an occurrence or event involving nuclear matter which is not excepted matter and which is either in the course of such carriage as is described in section 7A(2)(a), (3)(a), (4)(a), (5)(a) or (7)(a) or in such case as is described in section 7A(6)(c) or (7)(b), where—

(i) the nuclear matter in question meets such conditions as are prescribed for the purposes of this paragraph or such conditions specific to the means of carriage used as are prescribed for the purposes of this paragraph, and

(ii) that occurrence or event constitutes a breach of duty by a licensee as licensee of a licensed site;

(e) the equivalent in sterling of 80 million euros, in the case of an occurrence or event involving nuclear matter which is not excepted matter and which is either in the course of such carriage as is described in section 7A(2)(a), (3)(a), (4)(a), (5)(a) or (7)(a) (as applied by section 7B) or in such case as is described in section 7A(6)(c) or (7)(b) (as applied by section 7B), where—

(i) the nuclear matter in question meets such conditions as are prescribed for the purposes of this paragraph or such conditions specific to the means of carriage used as are prescribed for the purposes of this paragraph, and

(ii) that occurrence or event constitutes a breach of duty by the operator of a relevant disposal site in that capacity;

(f) subject to section 16B, the equivalent in sterling of 1,200 million euros, in any other case.

(1ZA) Notwithstanding subsection (1), if the amount payable by a person in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on that person by section 7, 7B, 8 or 9 ... reaches, in the aggregate and apart from interest or costs, the equivalent in sterling of 700 million euros, that person is not required to satisfy further claims for compensation except to the extent that they are special relevant claims.

(1ZAA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1ZB) Notwithstanding subsection (1), if—

(a) the amount payable by a person in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on that person by section 7, 7B, 8 or 9 reaches, in the aggregate and apart from interest or costs, the amount in sterling that is—

(i) the limit on liability established by the law of a relevant reciprocating territory made for purposes corresponding to those of subsection (1ZA), or

(ii) the equivalent in sterling of an amount denominated in another currency or unit of account that is the limit on liability established by the law of a relevant reciprocating territory made for such purposes, and

(b) that amount in sterling is less than the amount that would apply if the applicable limit were the limit in subsection (1ZA),

that person is not required to satisfy further claims for compensation to the extent that they are referable to that relevant reciprocating territory.

(1A) The Secretary of State may with the approval of the Treasury by order increase or further increase any amount specified in subsection (1), (1ZA) , (3B), (3BA), (3BB) or (3BC) ; but an order under this subsection shall not affect liability in respect of an occurrence or event happening before (or beginning to happen before) the order comes into force.

(2) A relevant foreign operator shall not be required by virtue of section 10 of this Act to make any payment by way of compensation in respect of an occurrence or event—

(a) if he would not have been required to make that payment if the occurrence or event had taken place in his home territory and the claim had been made by virtue of the relevant foreign law made for purposes corresponding to those of section 7, 7B, 8 or 9 of this Act; or

(b) to the extent that the amount required for the satisfaction of the claim is not required to be available by the relevant foreign law made for purposes corresponding to those of section 19(1) of this Act and has not been made available under section 18 of this Act or by means of a relevant foreign contribution.

(3) A claim by virtue of a duty imposed on a person by section 7, 7B, 8, 9 or 10—

(a) to the extent to which, by virtue of subsection (1) , (1ZA), ... (1ZB) or (2), though duly established, it is not or would not be payable by that person, or

(b) which is a claim the full satisfaction of which out of funds otherwise required to be, or to be made, available for the purpose is prevented by section 21(1),

may be the subject of proceedings for compensation under this Act brought against the appropriate authority.

(3A) Payments of compensation under this Act made by the appropriate authority in such proceedings may not exceed in the aggregate, apart from payments in respect of interest or costs, the amount of the sums made available for the purpose under section 18.

(3B) If the amount payable in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on a person by section 7, 7B, 8, 9 or 10 ... reaches, in the aggregate and apart from interest or costs, the equivalent in sterling of 700 million euros, the appropriate authority is not required to satisfy further ... claims for compensation except to the extent that they are special relevant claims or CSC claims (or both).

(3BA) To the extent that further ... claims for compensation are special relevant claims, the appropriate authority may be required to satisfy them up to the equivalent in sterling of 1,500 million euros (in the aggregate and apart from interest or costs).

(3BB) To the extent that further ... claims for compensation are CSC claims, the appropriate authority may be required to satisfy them up to the equivalent in sterling of the aggregate of 700 million euros and the value of the CSC international pooled funds (in the aggregate and apart from interest or costs).

(3BC) To the extent that further ... claims for compensation are both special relevant claims and CSC claims, the appropriate authority may be required to satisfy them up to the equivalent in sterling of the aggregate of 1,500 million euros and the value of the CSC international pooled funds (in the aggregate and apart from interest or costs).

(3BD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3BE) If the CSC international pooled funds are (or will be) reduced by virtue of claims to which subsection (3) applies by 50%, the appropriate authority is not required to satisfy further claims for compensation if that would give rise to a further reduction of those funds except to the extent that those further claims are non-UK CSC claims.

(3C) If the amount payable in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on a person by section 7, 7B, 8, 9 or 10 reaches, in the aggregate and apart from interest or costs, the amount in sterling that is—

(a) the limit on liability established by the law of a relevant reciprocating territory made for purposes corresponding to those of subsection (3B) or, in a case where the relevant reciprocating territory is also a CSC territory (as defined by section 16AA), (3BB), or

(b) the equivalent in sterling of an amount denominated in another currency or unit of account that is the limit on liability established by the law of a relevant reciprocating territory made for such purposes,

the appropriate authority is not required to satisfy further claims for compensation to the extent that they are referable to that relevant reciprocating territory.

(3D) Subsection (3E) has effect in relation to—

(a) a claim falling within subsection (3) to the extent that, leaving aside payments in respect of interest or costs, it is not or would not be satisfied out of sums made available for the purpose under section 18 or by means of a relevant foreign contribution;

(b) a claim that is not satisfied, or so much of a claim as is not satisfied, because of—

(i) subsection (1ZA) ... or (1ZB),

(ii) a relevant foreign law made for purposes corresponding to those of subsection (1ZA) ... or (1ZB) which is given effect by subsection (2), or

(iii) subsection (3B) , (3BA), (3BB), (3BC) ..., (3BE) or (3C).

(3E) If the claim is established to the satisfaction of the appropriate authority, it is to be satisfied by the appropriate authority—

(a) to such extent as Parliament may determine, and

(b) out of funds provided by such means as Parliament may determine.

(3F) Provision made by Parliament under subsection (3E) may make different provision for different sorts of claim.

(4) Where in pursuance of subsection (3E) a claim has been made to the appropriate authority, any question affecting the establishment of the claim or as to the amount of any compensation in satisfaction of the claim may, if the authority thinks fit, be referred for decision to the court that would have had jurisdiction in accordance with section 16C to determine the claim but for this section; and the claimant may appeal to that court from any decision of the authority on any such question which is not so referred; and on any such reference or appeal—

(a) the authority shall be entitled to appear and be heard; and

(b) notwithstanding anything in any Act, the decision of the court shall be final.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Before exercising any function under subsection (1) or (1A) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.

(7) A reference in this section to the equivalent in sterling of an amount denominated in another currency or unit of account is a reference to the amount of sterling that is the equivalent of that amount in that currency or those units on the day (or the first day) of the occurrence or event in question.

(8) In this section “appropriate authority” means—

(a) in the case of a claim by virtue of section 9 where the government department concerned is a part of the Scottish Administration, the Scottish Ministers;

(b) in any other case, the Secretary of State.

Jurisdiction, shared liability and foreign judgments

17

(1) No court in the United Kingdom ... shall have jurisdiction to determine any claim or question under this Act certified by the appropriate authority to be a claim or question which, under any relevant international agreement, falls to be determined by a court of some other relevant territory ...; and any proceedings to enforce such a claim which are commenced in any court in the United Kingdom ... shall be set aside.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where by virtue of any one or more of the following, that is to say, sections 7, 7B, 8, 9 and 10 of this Act and any relevant foreign law made for purposes corresponding to those of any of those sections, liability in respect of the same injury, damage or significant impairment of the environment or the same grave and imminent threat of injury, damage or impairment, is incurred by two or more persons, then, for the purposes of any proceedings in the United Kingdom relating to that matter including proceedings for the enforcement of a judgment registered under the Foreign Judgments (Reciprocal Enforcement) Act 1933—

(a) both or all of those persons shall be treated as jointly and severally liable in respect of that matter; and

(b) until claims against each of those persons in respect of the occurrence or event by virtue of which the person in question is liable for that matter have been satisfied to the extent mentioned in subsection (3A), no sums in excess of those required for the purposes of subsection (3A)(a) shall be required to be made available under section 18 of this Act for the purpose of paying compensation in respect of that matter.

(3A) The claims mentioned in subsection (3)(b) are to be satisfied—

(a) in the case of a licensee, the operator of a relevant disposal site, the Authority or the Crown, up to an aggregate amount that is equal to the amount applicable under section 16(1) to the person in question in the circumstances in question;

(b) in the case of a relevant foreign operator, up to such aggregate amount as may be provided for by the relevant foreign law made for purposes corresponding to section 19(1).

(3B) A person is not required under subsection (3A) to satisfy a claim for compensation to the extent that it is excluded by—

(a) section 16(1ZA) ... or (1ZB), or

(b) the relevant foreign law made for purposes corresponding to section 16(1ZA) ... or (1ZB) (as the case may be).

(4) Part I of the said Act of 1933 shall apply to any judgment given in a court of a relevant territory other than the United Kingdom which is certified by the appropriate authority to be a relevant foreign judgment for the purposes of this Act, whether or not it would otherwise have so applied, and shall have effect in relation to any judgment so certified as if in section 4 of that Act subsections (1)(a)(ii), (2) and (3) were omitted.

(5) Subject to subsection (5A) of this section it shall be sufficient defence to proceedings in the United Kingdom against any person for the recovery of a sum alleged to be payable under a judgment given in a country or territory outside the United Kingdom for that person to show that—

(a) the sum in question was awarded in respect of injury, damage or impairment of the environment or a grave and imminent threat of injury, damage or impairment of the environment of a description which is the subject of a relevant international agreement; and

(b) the country or territory in question is not a relevant territory; and

(c) the sum in question was not awarded in pursuance of any of the international conventions referred to in the Acts mentioned in section 12(4) of this Act.

(5A) Subsection (5) of this section shall not have effect where the judgment in question is enforceable in the United Kingdom in pursuance of an international agreement.

(6) Where, in the case of any claim by virtue of section 10 of this Act, the relevant foreign operator is the government of a relevant territory, then, for the purposes of any proceedings brought in a court in the United Kingdom to enforce that claim, that government shall be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on; but nothing in this subsection shall authorise the issue of execution, or in Scotland the execution of diligence, against the property of that government.

(7) In this section “appropriate authority” means—

(a) in relation to England and Wales and Northern Ireland, the Secretary of State;

(b) in relation to Scotland, the Scottish Ministers.

Cover for compensation

General cover for compensation by virtue of ss. 7 to 10

18

(1) In the case of any occurrence or event in respect of which one or more persons incur liability by virtue of section 7, 7B, 8, 9 or 10 of this Act or by virtue of any relevant foreign law made for purposes corresponding to those of any of those sections, but subject to subsections (1C) to (4B) and to sections 17(3)(b) and 21(1) of this Act, there shall be made available out of moneys provided by Parliament such sums as, when aggregated—

(a) with any funds required by, or by any relevant foreign law made for purposes corresponding to those of, section 19(1) of this Act to be available for the purpose of satisfying claims of that category in respect of that occurrence or event against any licensee or relevant foreign operator; and

(b) in the case of a claim by virtue of any such foreign law, with any relevant foreign contributions towards the satisfaction of claims in respect of that occurrence or event, ; and

(c) in the case of an occurrence or event in respect of which the Authority incurs liability, with any amounts payable under a contract of insurance or other arrangements for satisfying claims in respect of that occurrence or event against the Authority,

may be necessary to ensure that all claims in respect of that occurrence or event made within the limitation period applicable to the claim and duly established, excluding, but without prejudice to, any claim in respect of interest or costs, are satisfied up to the aggregate amount specified in subsection (1A) of this section

(1ZA) For the purposes of subsection (1), the limitation period applicable to a claim is—

(a) subject to paragraphs (b) to (d), the period of 10 years beginning with the relevant date;

(b) subject to paragraphs (c) and (d), in the case of a claim in respect of such injury as is described in section 15(3) or (4), the period of 30 years beginning with the relevant date;

(c) in the case of a claim that may be entertained in accordance with section 15(6), a period beginning with the relevant date and ending in accordance with section 15(6)(b);

(d) in the case of a claim by virtue of such a relevant foreign law as is mentioned in subsection (1) that may be entertained in accordance with provisions of that law made for purposes corresponding to section 15(6), the period applying to that claim by virtue of such provisions of that law.

(1ZB) In subsection (1ZA) references to the relevant date are to be construed in accordance with section 15(8).

(1A) The aggregate amount referred to in subsection (1) of this section is the equivalent in sterling of the aggregate of 1,500 million euros and the value of the CSC international pooled funds on—

(a) the day (or first day) of the occurrence or event in question, or

(b) if the Secretary of State certifies that another day has been fixed in relation to the occurrence or event in accordance with an international agreement, that other day.

(1B) The Secretary of State may with the approval of the Treasury by order increase or further increase the sum expressed in euros in subsection (1A) of this section; but an order under this subsection shall not have effect in respect of an occurrence or event happening before (or beginning to happen before) the order comes into force.

(1C) The reference in subsection (1)(a) to the funds required by section 19(1) to be available for the purpose of satisfying claims of a particular category is to be treated, in the case of claims in respect of an occurrence or event to which section 16(1)(f) applies, as a reference to such funds as are required by section 19(1) to be so available at the time when the occurrence or event in question happens or begins to happen.

(1D) Subsection (1) does not apply to a claim that need not be satisfied, or to so much of a claim as need not be satisfied, because of—

(a) section 16(1ZA) ... or (1ZB),

(b) a relevant foreign law made for purposes corresponding to those of section 16(1ZA) ... or (1ZB) which is given effect by section 16(2), or

(1E) Subsection (1) does not apply to a claim that need not be satisfied, or to so much of a claim as need not be satisfied, because of any relevant foreign law made for purposes corresponding to those of the provisions mentioned in subsection (1D).

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