Nuclear Installations Act 1965

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

• (c) storing, processing or disposing of—

• (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

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• (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

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• (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—