Nuclear Installations Act 1965

• (2) Subsection (1) of this section shall not apply to any claim by virtue of such a relevant foreign law as is mentioned in that subsection if—

• (a) the injury, damage or significant impairment of the environment is incurred within the territorial limits of a country or territory that is not a qualifying territory,

• (b) the injury, damage or significant impairment of the environment is incurred in, under or above the sea but not—

• (i) within the territorial limits of any country or territory,

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

• (iii) on the continental shelf of any qualifying territory,

• (c) in relation to compensation that would but for this subsection be claimed under such provision of the relevant foreign law as is made for purposes corresponding to section 11H, the measures in question were or would be taken in a place by reference to which compensation is excluded by paragraph (a) or (b).

• (2A) The exceptions that have effect by virtue of—

• (a) paragraph (b) of subsection (2), or

• (b) paragraph (c) of subsection (2) so far as it relates to paragraph (b),

do not apply to injury or damage incurred by, or by persons or property on, a ship or aircraft registered in a qualifying territory.

• (3) Where any claim such as is mentioned in subsection (1) of this section is satisfied wholly or partly out of moneys provided by Parliament under that subsection, there shall also be made available out of moneys so provided such sums as are necessary to ensure the satisfaction of any claim in respect of interest or costs in connection with the first-mentioned claim.

• (4) In relation to liability by virtue of any relevant foreign law, there shall be left out of account for the purposes of subsection (1) of this section any claim which, though made within the limitation period mentioned in paragraph (a) or (as the case may be) paragraph (b) of subsection (1ZA), was made after the expiration of any period of limitation imposed by that law and permitted by a relevant international agreement.

• (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 subsection (1ZA)(d) and is made within the limitation period applicable to that claim.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4B) Where a relevant foreign law does not provide in pursuance of a relevant international agreement for sums additional to those mentioned in subsection (1)(a) to be made available out of public funds, then in relation to liability by virtue of that law in respect of any occurrence or event—

• (a) subsection (1) of this section shall not have effect unless the person (or one of the persons) liable is a licensee, an operator of a relevant disposal site, the Authority or the Crown; and

• (b) if a licensee, an operator of a relevant disposal site, the Authority or the Crown is liable, subsection (1) shall have effect as if for the reference to the amount specified in subsection (1A) there were substituted a reference to the amount specified in section 16(1ZA) ... or, if more than one such person were liable, to that amount multiplied by the number of those persons.

• (5) Any sums received by the Minister by way of a relevant foreign contribution towards the satisfaction of any claim by virtue of section 7, 8, 9 or 10 of this Act shall be paid into the Exchequer.

• (5A) Before exercising the function under subsection (1B) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special cover for licensee's liability

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• (1) Subject to section 3(11) of this Act and to subsections (2E) and (3) of this section, where a nuclear site licence has been granted in respect of any site, the licensee shall make such provision (either by insurance or by some other means) as the appropriate authority may with the consent of the Treasury approve for sufficient funds to be available at all times to ensure that any claims which have been or may be duly established against the licensee as licensee of that site by virtue of section 7 of this Act or any relevant foreign law made for purposes corresponding to those of section 10 of this Act (excluding, but without prejudice to, any claim in respect of interest or costs) are satisfied up to the required amount appropriate to the category or categories into which any such claims would fall in respect of each severally of the following periods, that is to say—

• (a) the current cover period, if any;

• (b) any cover period which ended less than 30 years before the time in question;

• (c) any earlier cover period in respect of which a claim remains to be disposed of, being a claim made within the limitation period applicable to the claim (as defined for the purposes of section 18(1));

and for the purposes of this section the cover period in respect of which any claim is to be treated as being made shall be that in which the beginning of that limitation period fell.

• (1A) In this section—

• (a) “the required amount”, in relation to the provision to be made by a licensee in respect of a cover period for claims of a particular category, means an aggregate amount equal to the amount applying under paragraph (a), (c), (d) or (as the case may be) (f) of section 16(1) to the licensee, as licensee of the licensed site in question, in respect of an occurrence or event within that cover period;

• (b) the category of a claim depends on which of paragraphs (a), (c), (d) and (f) of section 16(1) applies to the occurrence or event in respect of which the claim is made.

• (1B) Where the amount applying under section 16(1)(f) increases because one of the periods in section 16B comes to an end during a cover period, the aggregate amount that is the required amount as regards that cover period and claims in respect of such occurrences or events as fall within section 16(1)(f) increases accordingly.

• (2) In this Act, the expression “cover period” means , subject to the following provisions of this section, the period of the licensee’s responsibility, and for the purposes of this definition the period of the licensee’s responsibility shall be deemed to include any time after the expiration of that period during which it remains possible for the licensee to incur any liability by virtue of section 7(1B)(b), or by virtue of any relevant foreign law made for purposes corresponding to those of section 10 of this Act.

• (2A) When the amount applicable to a licensee, as licensee of a licensed site, under paragraph (a), (c), (d) or (f) of section 16(1) changes as a result of—

• (a) the coming into force of regulations made under section 16(1)(a), (c) or (d),

• (b) an alteration relating to the site which brings it within, or takes it outside, the description prescribed by regulations made under section 16(1)(a) or (c), or

• (c) the coming into force of an order made under section 16(1A),

the current cover period relating to that person as licensee of that site is to end and a new cover period is to begin.

• (2B) The current cover period continues to run (and no new cover period begins) on the grant of a new nuclear site licence to the same licensee in respect of a site consisting of or including the site in respect of which his existing nuclear site licence is in force.

• (2C) The current cover period continues to run (and no new cover period begins) in a case where—

• (a) the licensee of a licensed site, not having been involved earlier in that cover period in such carriage of nuclear matter as would make the amount referred to in section 16(1)(d) applicable to the licensee, becomes involved in such carriage of nuclear matter as makes the amount referred to in section 16(1)(d) applicable to the licensee, or

• (b) the licensee of a licensed site, not having been involved earlier in that cover period in such carriage of nuclear matter as would make the amount referred to in section 16(1)(f) applicable to the licensee, becomes involved in such carriage of nuclear matter as makes the amount referred to in section 16(1)(f) applicable to the licensee.

• (2D) The current cover period continues to run (and no new cover period begins) if the amount applicable under section 16(1)(f) to the licensee of a licensed site is increased because one of the periods in section 16B comes to an end.

• (2E) If—

• (a) two or more amounts referred to in section 16(1) are applicable to a licensee, as licensee of a licensed site, in any cover period, and

• (b) the licensee, as licensee of that site, has made such provision as subsection (1) requires with respect to the greater or greatest of the corresponding required amounts,

the licensee is to be treated as having made such provision as subsection (1) requires with respect to the other, or each of the other, required amounts.

• (3) Where in the case of any licensed site the provision required by subsection (1) of this section is to be made otherwise than by insurance and, apart from this subsection, provision would also fall to be so made by the same person in respect of two or more other sites, the requirements of that subsection shall be deemed to be satisfied in respect of each of those sites if funds are available to meet such claims as are mentioned in that subsection in respect of all the sites collectively, and those funds would for the time being be sufficient to satisfy the requirements of that subsection in respect of those two of the sites in respect of which those requirements are highest:

• (4) Where, by reason of the gravity of any occurrence or event which has resulted or may result in claims such as are mentioned in subsection (1) of this section against a licensee as licensee of a particular licensed site, or having regard to any previous occurrences or events which have resulted or may result in such claims against the licensee, the appropriate authority thinks it proper so to do, the appropriate authority shall by notice in writing to the licensee direct that a new cover period for the purposes of the said subsection (1) shall begin in respect of that site on such date not earlier than two months after the date of the service of the notice as may be specified therein.

• (5) If at any time while subsection (1) of this section applies in relation to any licensed site the provisions of that subsection are not complied with in respect of that site, the licensee 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 two years, or to both.

• (6) Subsections (1) to (5) apply to operators of relevant disposal sites as they apply to licensees of licensed sites, but with the following modifications—

• (a) a reference to a licensed site is to be read as a reference to a relevant disposal site, except in subsection (3);

• (b) the reference in subsection (1) to claims established against a licensee as licensee of that site by virtue of section 7 is to be read as a reference to claims established against an operator of a relevant disposal site as operator of that site by virtue of section 7B;

• (c) a reference to the period of a licensee’s responsibility is to be read as a reference to the period indicated by section 7B(1)(f);

• (d) the time deemed by virtue of subsection (2) to be included in the period of a licensee’s responsibility is to be read as the time, after the expiration of the period indicated by section 7B(1)(f), during which the operator might incur liability—

• (i) by virtue of section 7B, so far as relating to section 7(1B)(b), or

• (ii) by virtue of any relevant foreign law made for purposes corresponding to those of section 10;

• (e) a reference to section 16(1)(a) is to be read as a reference to section 16(1)(b);

• (f) a reference to section 16(1)(c) is to be disregarded;

• (g) a reference to section 16(1)(d) is to be read as a reference to section 16(1)(e);

• (h) subsection (2B) is to be read as if for the words from “on the grant” to the end there were substituted “if an appropriate permit relating to a relevant disposal site is replaced by another appropriate permit relating to the same site (or that site and a further area), and the permit is given to the same person”;

• (i) a reference in subsection (3) to a licensed site is to be read as including a reference to a relevant disposal site.

• (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.

Furnishing of information relating to licensee's cover

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• (1) In the case of each licensed site, the licensee shall give notice in writing to the appropriate authority forthwith upon its appearing to the licensee that claims such as are mentioned in section 19(1) made in respect of any cover period falling within the period of the licensee’s responsibility have reached a notice level.

• (1A) For the purposes of subsection (1), claims made in respect of a cover period reach a notice level if the aggregate amount of claims of a particular category so made reaches three-fifths of the required amount appropriate to that category of claim.

• (1B) In subsection (1A) references to a category of claim and the required amount are to be construed in accordance with section 19.

• (1C) Where the licensee has given such a notice, no payment by way of settlement of any claim in respect of the cover period in question by agreement between the licensee and the claimant shall be made except after consultation with the appropriate authority and in accordance with the terms of any direction which the appropriate authority may give to the licensee in writing with respect to any particular claim.

• (2) If in the case of any licensed site any cover period falling within the period of the licensee’s responsibility has ended, the licensee shall not later than 31st January in each year send to the appropriate authority in writing a statement showing the date when that cover period ended and the following particulars of any claims in respect of that cover period as at the beginning and end respectively of the last preceding calendar year, that is to say—

• (a) the aggregate number of claims received;

• (b) the aggregate number of claims established; and

• (c) the aggregate number and aggregate amount of claims satisfied.

• (3) The appropriate authority shall as soon as may be lay before each House of Parliament a copy of any notice received by the appropriate authority under subsection (1) of this section and a report (in such form as, having regard to section 16 of this Act, the appropriate authority may consider appropriate) with respect to any statements received by the appropriate authority under subsection (2) of this section.

• (4) Any person by whom any funds such as are mentioned in section 19(1) of this Act for the time being fall to be provided shall give to the appropriate authority not less than two months notice in writing before ceasing to keep those funds available and, notwithstanding any such notice, so far as those funds relate to nuclear matter for the time being in the course of carriage, shall not so cease while that carriage continues.

• (5) Subsections (1) to (4) apply in relation to the operator of a relevant disposal site with the following modifications—

• (a) as if a reference to the licensee of a site with a nuclear site licence were a reference to the operator of a relevant disposal site;

• (b) as if a reference to a licensed site were a reference to a relevant disposal site;

• (c) as if a reference to the period of a licensee’s responsibility were a reference to the period indicated by section 7B(1)(f).

• (5A) Subsection (4) does not apply where the operator of a relevant disposal site makes an application to the Secretary of State under section 7C(1)(a) (application for site to be excluded disposal site).

• (6) 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.

Supplementary provisions with respect to cover for compensation in respect of carriage

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• (1) Where, in the case of an occurrence or event involving nuclear matter in the course of carriage, a claim in respect of damage to the means of transport being used for that carriage is duly established—

• (a) against any person by virtue of section 7, 7B, 8, 9 or 10 of this Act; or

• (b) against a licensee, an operator of a relevant disposal site, the Authority or the Crown by virtue of any relevant foreign law made for purposes corresponding to those of the said section 10,

then, without prejudice to any right of the claimant to the satisfaction of that claim, no payment towards its satisfaction shall be made out of funds which are required to be available for the purpose by, or by any relevant foreign law made for purposes corresponding to those of, section 19(1) of this Act, or which have been made available for the purpose under section 18 of this Act or by means of a relevant foreign contribution, such as to prevent the satisfaction out of those funds up to an aggregate amount which is the equivalent in sterling (on the day, or first day, of that occurrence or event) of 80 million euros of all claims falling within subsection (1ZA).

• (1ZA) The claims are those which have been or may be duly established against the same person in respect of—

• (a) injury, damage or significant impairment of the environment caused by the occurrence mentioned in subsection (1), other than damage to the means of transport in question, or

• (b) a grave and imminent threat of injury, damage or significant impairment of the environment caused by the event mentioned in subsection (1), other than a grave and imminent threat of damage to the means of transport in question.

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

• (2) Where, in the case of an occurrence or event involving nuclear matter in the course of carriage, a claim in respect of damage to the means of transport being used for that carriage is duly established against a relevant foreign operator by virtue of section 10 of this Act, but by virtue of section 16(2)(a) thereof that operator is not required to make a payment in satisfaction of the claim, section 12(1E) shall not apply to any liability of that operator with respect to the damage in question apart from this Act.

• (3) Where any nuclear matter is to be carried in circumstances such that, while the matter is in the course of carriage, a particular licensee, a particular operator of a relevant disposal site, the Authority, a particular government department or a particular relevant foreign operator, as the case may be (in this and the next following subsection referred to as “the responsible party”) may incur liability by virtue of section 7, 7B, 8, 9 or 10 of this Act or by virtue of any relevant foregin law made for purposes corresponding to those of the said section 10, the responsible party shall, before the carriage is begun, cause to be delivered to the person who is to carry that matter a document issued by or on behalf of the appropriate person mentioned in the next following subsection (in this subsection referred to as “the guarantor”) which shall contain such particulars as may be prescribed of the responsible party, of that nuclear matter and carriage, and of the funds available in pursuance of, or of the relevant foreign law made for purposes corresponding to those of, section 18 or 19(1) of this Act to satisfy any claim by virtue of that liability, and the guarantor shall be debarred from disputing in any court any of the particulars stated in that document; and if in any case there is a wilful failure to comply with this subsection, the responsible party (except where that party is the Crown), and also, if the carrier knew or ought to have known the matter carried to be such matter for carriage in such circumstances as aforesaid, the carrier, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) The person by whom or on whose behalf the document referred to in the last foregoing subsection is to be issued shall be—

• (a) where the responsible party is a licensee or an operator of a relevant disposal site, the person by whom there fall to be provided the funds required by section 19(1) of this Act to be available to satisfy any claim in respect of the carriage in question;

• (b) where the responsible party is the Authority, the Secretary of State;

• (c) where the responsible party is the Crown, the Minister in charge of the government department concerned or in relation to any part of the Scottish Administration the Scottish Ministers;

• (d) where the responsible party is a relevant foreign operator, the person by whom there fall to be provided the funds required by the relevant foreign law made for purposes corresponding to those of section 18 or 19(1) of this Act to be made available to satisfy any claim in respect of the carriage in question.

• (4A) Subsection (3) of this section shall not apply where the carriage in question is wholly within the territorial limits of the United Kingdom.

• (4B) Before exercising the function under subsection (1A) or the function under subsection (3) of prescribing particulars in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.

• (5) The requirements of Part VI of the Road Traffic Act 1960 (which relates to compulsory insurance or security against third-party risks of users of motor vehicles) shall not apply in relation to any injury to any person , or damage to the property of any person, for which any person is liable by virtue of section 7, 7B, 8, 9 or 10 of this Act.

Miscellaneous and general

Reporting of and inquiries into dangerous occurrences

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• (1) The provisions of this section apply where any prescribed occurrence happens—

• (a) on a licensed site, or

• (b) in the course of the carriage of nuclear matter on behalf of any person where a duty with respect to that carriage is imposed on that person by section 7, 10 or 11 of this Act.

• (2) The licensee or other person mentioned in subsection (1) must ensure that the occurrence is reported without delay in the prescribed manner—

• (a) to the appropriate national authority, and

• (b) to such other persons, if any, as may be prescribed in relation to occurrences of that kind.

• (3) A person who is required by virtue of subsection (2) to report an occurrence and who fails to do so is guilty of an offence.

• (3A) person convicted of an offence under subsection (3) 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.

• (4) A person convicted of an offence under subsection (3) in ... or 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.

• (5) A person convicted of an offence under subsection (3) in Northern Ireland is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 3 on the standard scale, or both.

• (6) In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (3A)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.

• (7) Before exercising any function under subsection (1) or (2) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.

• (8) Subsections (9) to (11) have effect only in relation to a prescribed occurrence which happens in Northern Ireland.

• (9) The Secretary of State—

• (a) may direct an inspector to make a special report with respect to the occurrence, and

• (b) may cause any such report, or so much of it as it is not in the Secretary of State's opinion inconsistent with the interests of national security to disclose, to be made public at such time and in such manner as the Secretary of State considers appropriate.

• (10) The Secretary of State may direct an inquiry to be held into the occurrence and its causes, circumstances and effects.

• (11) Any such inquiry must be held—

• (a) in accordance with the provisions of Schedule 2 to this Act, and

• (b) in public, except where or to the extent that it appears to the Secretary of State expedient in the interests of national security to direct otherwise.

Registration in connection with certain occurrences

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• (1) Without prejudice to any right of any person to claim against any person by virtue of any of sections 7 to 11 of this Act, the appropriate authority may, on the happening of any occurrence or event in respect of which liability may be incurred by virtue of any of those sections, by order make provision for enabling such particulars of any person shown to have been within such area during such period (being the period during which the occurrence or event took place) as may be specified in the order to be registered by or on behalf of that person in such manner as may be so specified, and any such registration in respect of any person shall be sufficient evidence of his presence within that area during that period unless the contrary is proved; and any such order shall be made by statutory instrument and be laid before Parliament after being made.

• (2) In the foregoing subsection, the expression “the appropriate authority” means, in relation to any occurrence or event, the authority hereinafter specified in relation to the person against whom any claim in respect of that occurrence or event falls to be made, that is to say—

• (a) where that person is the Authority, the Secretary of State;

• (b) where that person is the Crown, the Minister in charge of the government department concerned or where any part of the Scottish Administration is concerned the Minister;

• (c) where that person is not the Authority or the Crown—

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

• (ii) the Scottish Ministers, in relation to Scotland.

Inspectors

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• (1) The Secretary of State may appoint as inspectors for the purpose of assisting him in the execution of the provisions of this Act, other than sections 1, 3 to 6, 22 and 24A of this Act, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed such payments by way of remuneration, allowances or other payments as the Secretary of State may with the approval of the Minister for the Civil Service determine.

• (2) Any such inspector may for that purpose exercise such of the powers set out in section 20(2) of the Health and Safety at Work etc. Act 1974 as are specified in his instrument of appointment and the provisions of sections 28 (restrictions on disclosure of information), 33 (offences) and 39 (prosecutions by inspectors) of that Act shall apply in the case of inspectors so appointed as they apply in the case of inspectors appointed under section 19 of that Act.

• (3) In such cases and to such extent as it may appear to the Secretary of State, with the agreement of the Treasury, to be appropriate so to do, the Secretary of State shall require a licensee to repay to the Secretary of State such part as may appear to the Secretary of State to be attributable to the nuclear installations in respect of which nuclear site licences have been granted to that licensee of—

• (a) any sums paid by the Secretary of State under subsection (1) of this section;

• (b) any expenses, . . . , being—

• (i) expenses incurred by the Secretary of State; or

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) expenses incurred by any government department; or

• (iv) such sums as the Treasury may determine in respect of the use of any premises belonging to the Crown,

which the Secretary of State may, with the consent of the Treasury, determine to be incurred in connection with the, exercise by the Secretary of State of his powers under the said subsection (1),

and the licensee shall comply with such requirement; and any sums so repaid to the Secretary of State shall be paid into the Consolidated Fund, . . . and except that in so far as sums so repaid relate to expenses incurred by the Scottish Administration they shall be paid to the Scottish Ministers.

• (4) Any liability of a licensee in respect of sums payable by him under subsection (3) of this section on account of pensions shall, if the Secretary of State so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Minister for the Civil Service, by reference to remuneration.

Offences-general

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• (1) Where a body corporate is guilty of an offence under any of the provisions section 2(2) or 19(5) of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and where the body corporate was guilty of the offence in the capacity of licensee under a nuclear site licence or an operator of a relevant disposal site, he shall be so liable as if he, as well as the body corporate, were the licensee or the operator.

In this subsection, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

• (2) Where a body corporate is convicted on indictment of an offence under any of the following provisions of this Act, that is to say, sections 1(3), 2(2), 4(6), 5(4) and 19(5), so much of the provision in question as limits the amount of the fine which may be imposed shall not apply, and the body corporate shall be liable to a fine of such amount as the court thinks just.

• (3) Proceedings in respect of any offence under section 2(2) or 19(5) of this Act shall not be instituted in England or Wales except by the Minister or by or with the consent of the Director of Public Prosecutions.

Interpretation

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• (1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• “the Act of 1959” means the Nuclear Installations (Licensing and Insurance) Act 1959;

• “the appropriate environment authority ” means— in the case of a site in England, the Environment Agency; in the case of a site in Scotland, the Scottish Environment Protection Agency;in the case of a site in Northern Ireland, the Department of Environment in Northern Ireland;in the case of a site in Wales, the Natural Resources Body for Wales.

• “the appropriate national authority ” means— in relation to England and Wales and Scotland (including the territorial sea adjacent to them), the ONR;in relation to Northern Ireland (including the territorial sea adjacent to it), the Secretary of State;

• “appropriate permit” has the meaning given by section 7B;

• “atomic energy” has the meaning assigned by the Atomic Energy Act 1946;

• “the Authority” means the United Kingdom Atomic Energy Authority;

• “continental shelf”, in relation to a country or territory, means—in the case of the United Kingdom, areas designated under section 1(7) of the Continental Shelf Act 1964;in the case of a country or territory outside the United Kingdom, an area outside its territorial sea within which rights are exercisable in relation to the sea bed and subsoil and their natural resources by that country or territory;

• “contravention”, in relation to any enactment or to any condition imposed or direction given thereunder, includes a failure to comply with that enactment, condition or direction, and cognate expressions shall be construed accordingly;

• “costs” in the application of this Act to Scotland, means expenses;

• “cover period” has the meaning assigned by section 19(2) of this Act;

• “CSC claim” has the meaning given by section 16AA;

• “CSC international pooled funds” means the funds referred to by Article III.1(b) of the Convention on Supplementary Compensation for Nuclear Damage;

• ...

• “event”, in sections 11H, 16(1), (1ZA), ... (1ZB), (1A), (3B) ... and (3C), 16B, 16C, 17(3) and 18 and subsection (2B) of this section, means—in the case of an event that continues for any time, the whole of that event;in the case of an event which is one of a succession of events all attributable to a particular happening on a particular relevant site, all those events collectively;in the case of an event which is one of a succession of events, all of which are attributable to a particular happening and take place during one course of carriage, all those events collectively;

• “excepted matter” means nuclear matter consisting only of one or more of the following, that is to say—isotopes prepared for use for industrial, commercial, agricultural, medical scientific or educational purposes;natural uranium;any uranium of which isotope 235 forms not more than 0.72 per cent.;nuclear matter of such other description, if any, in such circumstances as may be prescribed (or, for the purposes of the application of this Act to a relevant foreign operator, as may be excluded from the operation of the relevant international agreement by the relevant foreign law);

• “excluded disposal site” has the meaning given by section 7C;

• “exclusive economic zone”, in relation to a country or territory, means the exclusive economic zone established in respect of the country or territory in accordance with international law, subject to subsection (1E);

• “home territory”, in relation to a relevant foreign operator, means the relevant territory in which, for the purposes of a relevant international agreement, he is the operator of a relevant installation;

• “injury” means personal injury and includes loss of life;

• ...

• “licensed site” means a site in respect of which a nuclear site licence has been granted, whether or not that licence remains in force;

• “licensee” means a person to whom a nuclear site licence has been granted, whether or not that licence remains in force;

• “the Minister” means—in the application of this Act to England and Wales, the Minister of Power;in the application of this Act to Scotland, the Secretary of State;

• “non-UK CSC claim” has the meaning given by section 16AA;

• “nuclear installation” means a nuclear reactor or an installation such as is mentioned in section 1(1)(b) of this Act;

• “nuclear matter” means, subject to any exceptions which may be prescribed—any fissile material in the form of uranium metal, alloy or chemical compound (including natural uranium), or of plutonium metal, alloy or chemical compound, and any other fissile material which may be prescribed; andany radioactive material produced in, or made radioactive by exposure to the radiation incidental to, the process of producing or utilising any such fissile material as aforesaid;

• “nuclear reactor” means any plant (including any machinery, equipment or appliance, whether affixed to land or not) designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons;

• “nuclear site licence” has the meaning assigned by section 1(2) of this Act;

• “occurrence” in sections 11G(2)(c), 16(1), (1ZA), ... (1ZB), (1A), (3B) ... and (3C), 16B and 16C 17(3) and 18 of this Act and subsection (2B) of this section—in the case of a continuing occurrence, means the whole of that occurrence; ...in the case of an occurrence which is one of a succession of occurrences all attributable to a particular happening on a particular relevant site or to the carrying out from time to time on a particular relevant site of a particular operation, means all those occurrences collectively; andin the case of an occurrence which is one of a succession of occurrences, all of which are attributable to a particular happening and take place during one course of carriage, means all those occurrences collectively;

• “ONR” means the Office for Nuclear Regulation;

• “operator”, in relation to a relevant disposal site, has the meaning given by section 7B;

• “overseas territory”, in relation to a country, means a territory, not part of the metropolitan territories of the country, for whose international relations the country is responsible;

• “the Paris Convention” means the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004;

• “period of responsibility”, in relation to a licensee, has the meaning assigned by section 5(14)of this Act;

• “prescribed” means prescribed by regulations made by the Secretary of State, which shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament;

• “preventive measure” has the meaning given by section 11H;

• “relevant carriage”, in relation to nuclear matter, means carriage on behalf of—a licensee as the licensee of a particular licensed site; oran operator of a relevant disposal site; orthe Authority; ora government department for the purposes of such use of a site by that department as is mentioned in section 9 of this Act; ora relevant foreign operator; ora person authorised to operate a nuclear reactor which is comprised in a means of transport and in which the nuclear matter in question is intended to be used or was used or was intended to be used;

• “relevant disposal site” has the meaning given by section 7B;

• “relevant foreign contribution”, in relation to any claim, means any sums falling by virtue of any relevant international agreement to be paid by the government of any relevant territory other than the United Kingdom towards the satisfaction of that claim;

• “relevant foreign judgment” means a judgment of a court of a relevant territory other than the United Kingdom which, under a relevant international agreement, is to be enforceable anywhere within the relevant territories;

• “relevant foreign law” means the law of a relevant territory other than the United Kingdom or any part thereof regulating in accordance with a relevant international agreement matters falling to be so regulated and, in relation to a particular relevant foreign operator, means the law such as aforesaid of his home territory;

• “relevant foreign operator” means a person who, for the purposes of a relevant international agreement, is the operator of a relevant installation in a relevant territory other than the United Kingdom;

• “relevant installation” means an installation to which a relevant international agreement applies;

• “relevant international agreement” means an international agreement with respect to third-party liability in the field of nuclear energy to which the United Kingdom or Her Majesty’s Government therein are party, other than an agreement relating to liability in respect of nuclear reactors comprised in means of transport;

• “relevant maritime zone”, in relation to a country or territory, means—the zone that has been established in respect of the country or territory as its exclusive economic zone and that has been identified in accordance with a relevant international agreement for the purposes of establishing jurisdiction under such an agreement, orin the case of a country or territory in respect of which no exclusive economic zone is established, a zone that has been established in accordance with international law, being a zone adjacent to the territorial sea of that country or territory and extending no more than 200 nautical miles from the baselines from which that territorial sea is measured, and that has been identified in accordance with a relevant international agreement for the purposes of establishing jurisdiction under such an agreement;

• “relevant site” means any of the following, that is to say—a licensed site at any time during the period of the licensee’s responsibility;a relevant disposal site at any time during the period that, in the case of any particular operator of the site, is indicated by section 7B(1)(f);any premises at any time when they are occupied by the Authority;any site at any time when it is occupied by a government department, if that site is being or has been used by that department as mentioned in section 9(1) or (2) of this Act;any site in a relevant territory other than the United Kingdom at any time when that site is being used for the operation of a relevant installation by a relevant foreign operator;

• “relevant territory” means—a country that is a party to a relevant international agreement, oran overseas territory of such a country, if the relevant international agreement in question applies to the overseas territory;

• “significant impairment of the environment” does not include damage to the environment which is not significant enough to be eligible for compensation under this Act as damage to property, whether or not the part affected is property in respect of which such compensation can be sought;

• “special relevant claim” has the meaning given by section 16A;

• “special relevant territory” has the meaning given by section 16A;

• “territorial limits” includes territorial sea.

• “trust” has the meaning given by Article 2 of the Convention on the Law Applicable to Trusts and on Their Recognition, concluded at The Hague on 1 July 1985.

• (1A) A reference in this Act to a relevant reciprocating territory is a reference to—

• (a) a country that is not a party to the Paris Convention but whose law—

• (i) with a view to reciprocating benefits conferred as regards it by parties to that Convention, confers benefits as regards the parties to that Convention on a basis corresponding to the basis required of a party to that Convention, disregarding for these purposes that Convention’s limits on the amount of liability, and

• (ii) in that respect is based on principles identical to those of that Convention, or

• (b) an overseas territory of a country falling within paragraph (a), if the law of the country or the territory provides for, or they together provide for, the benefits in question to be reciprocated on a basis that includes that territory.

• (1B) A reference in this Act to a qualifying territory is a reference to—

• (a) a relevant territory,

• (b) a country in the case of which there is no nuclear installation—

• (i) within its territorial limits or its exclusive economic zone or on its continental shelf, or

• (ii) within the territorial limits or the exclusive economic zone of, or on the continental shelf of, any overseas territory of the country,

• (c) an overseas territory of a country falling within paragraph (b),

• (d) an overseas territory of a country that is a party to a relevant international agreement where the territory—

• (i) is not a territory to which that agreement applies, and

• (ii) has no nuclear installation within its territorial limits or its exclusive economic zone or on its continental shelf, or

• (e) a relevant reciprocating territory.

• (1C) In sections 13(5), 16(1ZB) and (3C), 16A(6)(b) and (9) and 17D(3), subsection (1A) of this section and paragraphs 2 and 3 of Schedule 1A, a reference to the law of a country or territory includes a reference to the law of part of it.

• (1D) In the case of an overseas territory of a country (including an overseas territory of the United Kingdom), a reference in this Act to the law of the territory is to be treated as including a reference to law that has effect with respect to the territory.

• (1E) A reference in this Act to the exclusive economic zone of a country or territory, except in the definitions of “exclusive economic zone” and “relevant maritime zone” in subsection (1), includes a reference to any zone established in accordance with international law which—

• (a) is adjacent to the territorial sea of that country or territory, and

• (b) extends no more than 200 nautical miles from the baselines from which that territorial sea is measured, and

in which the country or territory exercises some of the rights that are exercisable under Part V of the United Nations Convention on the Law of the Sea (Cmnd 8941).

• (2) References in this Act to the carriage of nuclear matter shall be construed as including references to any storage incidental to the carriage of that matter before its delivery at its final destination.

• (2A) If nuclear matter is in a place at a particular time as a consequence of an occurrence falling within section 7(1B) (including section 7(1B) as applied by section 7B, 8 or 9), 10(1) or 11, neither the presence of the matter in that place at that time nor any effect that the matter produces at that time is to be treated as a separate occurrence falling within any of those provisions.

• (2B) In relation to an occurrence or event in respect of which one or more persons incur liability—

• (a) by virtue of section 7, 7B, 8, 9 or 10, or

• (b) by virtue of any relevant foreign law made for purposes corresponding to those of any of those sections,

a country or overseas territory of a country is not to be treated as a relevant territory, special relevant territory, relevant reciprocating territory or qualifying territory, unless it is such a country or territory at the time of the occurrence or event.

• (3) Any question arising under this Act as to whether at any given time—

• (a) any person is a relevant foreign operator; ...

• (b) any law is the relevant foreign law with respect to any matter; ...

• (c) any country or territory is a relevant territory;

• (d) a relevant territory satisfies the conditions in section 16A(7);

• (e) an overseas territory of a country is a territory to which a particular relevant international agreement applies;

• (f) a country or territory is a relevant reciprocating territory;

• (g) a place is within an exclusive economic zone or relevant maritime zone or on the continental shelf of a country or territory; or

• (h) a country or territory has a nuclear installation within its territorial limits or its exclusive economic zone or on its continental shelf,

shall be referred to and determined by the Minister.

• (4) Save where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Northern Ireland

27

• (1) In the application of this Act to Northern Ireland—

• (a) a reference to the Minister shall be construed as a reference to the Secretary of State;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In the application to Northern Ireland of section 21(5) of this Act, the reference to Part VI of the Road Traffic Act 1960 shall be construed as a reference to Part II of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 as amended or re-enacted (with or without modification) by any subsequent enactment of the Parliament of Northern Ireland for the time being in force.

• (5) Proceedings in respect of any offence under this Act shall not be instituted in Northern Ireland except—

• (a) by the Minister; or

• (b) by or with the consent of the Director of Public Prosecutions for Northern Ireland.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Channel Islands, Isle of Man etc 29. Repeals and savings

28

• (1) Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the Channel Islands, to the Isle of Man or to any other territory outside the United Kingdom for the international relations of which Her Majesty’s Government in the United Kingdom are responsible.

• (2) Any Order in Council made by virtue of this section may be varied or revoked by any subsequent Order in Council so made.

29

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Anything done under or by virtue of any enactment repealed by this Act shall be deemed for the purposes of this Act to have been done under or by virtue of the corresponding provision of this Act, and anything begun under any of the enactments so repealed may be continued under the corresponding provision of this Act.

• (3) So much of any enactment or document as refers expressly or by implication to any enactment repealed by this Act shall, if and so far as the context permits, be construed as a reference to this Act or the corresponding enactment therein.

• (4) Nothing in this section shall be construed as affecting the general application of section 38 of the Interpretation Act 1889 with respect to the effect of repeals.

Short title and commencement

30

• (1) This Act may be cited as the Nuclear Installations Act 1965.

• (2) This Act shall come into force on such day as Her Majesty may by Order in Council appoint; and a later day may be appointed for the purposes of section 17(5) than that appointed for the purposes of the other provisions of this Act.

SCHEDULE

1

An inquiry in pursuance of a direction under section 22(5) of this Act with respect to any occurrence shall be held by a competent person appointed by the Minister, and that person may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed.

2

The Minister may pay to the person appointed to hold the inquiry and to any assessor appointed to assist him such remuneration and allowances as the Minister may, with the approval of the Treasury, determine.

3

The person appointed to hold the inquiry (hereafter in this Schedule referred to as " the court") shall hold the inquiry in such manner and under such conditions as the court thinks most effectual for ascertaining the causes, circumstances and effects of the occurrence and for enabling the court to make the report hereafter in this Schedule mentioned.

4

The court shall, for the purposes of the inquiry, have power—

• (a) to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes;

• (b) by summons signed by the court to require any person to attend, at such time and place as is specified in the summons, to give evidence or produce any documents in his custody or under this control which the court considers it necessary for the purposes of the inquiry to examine ;

• (c) to require a person appearing at the inquiry to furnish to any other person appearing thereat, on payment of such fee, if any, as the court thinks fit, a copy of any document offered, or proposed to be offered, in evidence by the first-mentioned person;

• (d) to take evidence on oath, and for that purpose to administer oaths, or, instead of administering an oath, to require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined ;

• (e) to adjourn the inquiry from time to time ; and

• (f) subject to the foregoing sub-paragraphs, to regulate the procedure of the court.

5

A person attending as a witness before the court shall be entitled to be paid by the Minister such expenses as would be allowed to a witness attending on subpoena before a court of record, and any dispute as to the amount to be so allowed shall be referred by the court to a master of the Supreme Court who, on request signed by the court, shall ascertain and certify the proper amount of the expenses.

6

The court shall make a report to the Minister stating the causes, circumstances and effects of the occurrence, adding any observations which the court thinks it right to make, and the Minister shall cause copies of the report, or so much thereof as it is not in his opinion inconsistent with the interests of national security to disclose, to be laid before Parliament.

7

If any person—

• (a) without reasonable excuse (proof whereof shall lie on him), and after having the expenses (if any) to which he is entitled tendered to him, fails to comply with any summons or requisition of the court; or

• (b) does any other thing which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court,

the court may, by instrument signed by the court, certify the offence of that person to the High Court or, in Scotland, the Court of Session, and the High Court or Court of Session may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of .that person in like manner as if he had been guilty of contempt of the High Court or, as the case may be, the Court of Session.

8

In the application of this Schedule to Scotland, for references to a master of the Supreme Court, to a witness attending on subpoena before a court of record, and to a summons there shall foe respectively substituted references to the Auditor of the Court of Session, to a witness attending on citation the High Court of Justiciary, and to an order.

Control of certain nuclear installations and operations

Prohibition of certain operations except under permit.

Nuclear site licences

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

Right to compensation in respect of breach of duty

Bringing and satisfaction of claims

Cover for compensation

Miscellaneous and general

24A

• (1) This section applies to any expenses incurred by the Health and Safety Commission ("the Commission") which, in either case, the Executive mayONR which the ONR may determine to be incurred wholly or partly in connection with—

• (a) the carrying into effect of such of the provisions of this Act as are mentioned in Schedule 1 to the Health and Safety at Work etc. Act 1974sections 1, 3 to 6 and 22, and this section of this Act; or

• (b) the carrying out of research into nuclear safety.

• (2) Without prejudice to the generality of subsection (1) of this section, the reference in that subsection to expenses incurred by the ExecutiveONR includes any sums paid by it by way of remuneration, allowances or other payments to inspectors appointed under the Health and Safety at Work etc. Act 1974Schedule 8 to the Energy Act 2013.

• (3) In such cases and to such extent as it may appear to the ExecutiveONR appropriate to do so, the ExecutiveONR shall require a person who has applied for a nuclear site licence to repay to it so much of any expenses to which this section applies as may appear to it to be attributable to dealing with the application.

• (4) In such cases and to such extent as it may appear to the ExecutiveONR to be appropriate to do so, the ExecutiveONR shall require a person to whom a nuclear site licence has been granted to repay to it—

• (a) so much of any expenses to which this section applies as may appear to it to be attributable to any nuclear installation in respect of which the licence has been granted; and

• (b) so much of any expenses to which this section applies which are not otherwise recoverable under this section as it thinks fit.

• (5) A person shall comply with any requirement made of him under this section.

• (6) Any liability of a person in respect of sums payable by him under this section on account of pensions shall, if the ExecutiveONR so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.

• (7) Where the ExecutiveONR anticipates that a person who has applied for or has been granted a nuclear site licence will become subject to a liability under this section, it may require him to make to it a payment or payments on account of the liability.

• (8) Where a person has made a payment under subsection (7) of this section on account of an anticipated liability, then—

• (a) if he does not become subject to the liability, the ExecutiveONR shall be liable to repay the payment to him; and

• (b) if the amount of the liability to which he becomes subject is less than the amount paid under that subsection, the ExecutiveONR shall be liable to repay the difference to him.

25A

The power to make orders under section 16(1A), 18(1B) or 21(1A) of this Act shall be exercisable by statutory instrument; but no such order shall be made unless a draft of it has been laid before and approved by resolution of the House of Commons.

25B

The equivalent in sterling on a particular day of a sum expressed in euros is determined by converting the sum in euros into its equivalent in sterling using the London closing exchange rate for the euro and sterling for that day.

Attachment of conditions to licences

SCHEDULE 1

1

In this Schedule “the specified body corporate”, in relation to an order made under section 2 of this Act, means the body corporate specified in that order, as being a body to whom the Minister has granted a permit as mentioned in subsection (1B) of that section, and “site to which a permit applies” means a site in respect of which a permit so granted to the specified body corporate is for the time being in force.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

• (1) Every site to which a permit applies shall, for the purposes of section 3(c) of the Official Secrets Act 1911 (which provides that places belonging to or used for the purposes of Her Majesty may be declared by order of the Secretary of State to be prohibited places for the purposes of that Act), be deemed to be a place belonging to or used for the purposes of Her Majesty.

• (2) No person other than—

• (a) a constable acting in the execution of his duty as such, or

• (b) an officer of customs and excise or inland revenue, acting in the execution of his duty as such, or

• (bb) a person designated as an inspector of the International Atomic Energy Agency under article 85 of the Agreement made on 6th September 1976 for the application of Safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (Cmnd. 6730) or under Article 11 of the Additional Protocol (within the meaning of the Nuclear Safeguards Act 2000)or

• (c) an inspector appointed under section 24 of this Act, or

• (cc) an inspector appointed under Schedule 8 to the Energy Act 2013 and specially authorised in that behalf by or on behalf of a Minister of the Crown, or

• (d) an officer of any government department specially authorised in that behalf by or on behalf of a Minister of the Crown or a member of the staff of the Scottish Administration specially authorised in that behalf by or on behalf of the Scottish Ministers,

shall, except with the consent of the specified body corporate and in accordance with any conditions imposed by them, be entitled to exercise any right of entry (whether arising by virtue of any statutory provision or otherwise) upon any site which is for the time being declared to be a prohibited place by virtue of an order made under the said section 3(c) as extended by the preceding subparagraph:

4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

• (1) The specified body corporate shall comply with any directions which the Minister may give to them for the purpose of safeguarding information in the interests of national security; and a direction under this sub-paragraph may in particular require the specified body corporate to terminate the employment of any person specified in the direction who is an officer of, or employed by, that body or may require that body not to appoint a person so specified to be an officer of, or to any employment under, that body.

• (2) The specified body corporate shall also comply with any directions given to them by the Minister with respect to the safe-keeping of material of any description specified in the directions, whether in the interests of national security or of safety.

• (3) The Minister may with the approval of the Treasury make grants out of moneys provided by Parliament for reimbursing to the specified body corporate, in whole or in part, any expenses incurred by that body in complying with any directions given under sub-paragraph (1) of this paragraph and any directions given under sub-paragraph (2) of this paragraph with respect to the safe-keeping of material in the interests of national security.

6

• (1) Except with the consent of the Minister the specified body corporate shall not terminate on security grounds the employment of any person employed by them.

• (2) In this paragraph “security grounds” means grounds which are grounds for dismissal from the civil service of Her Majesty, in accordance with any arrangements for the time being in force relating to dismissals from that service for reasons of national security.

7

In the application of this Schedule to Northern Ireland—

• (a) in paragraph 3(2)(d) the reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

1

An inquiry in pursuance of a direction under section 22(10) of this Act with respect to any occurrence shall be held by a competent person appointed by the Secretary of State , and that person may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed.

2

The Minister may pay to the person appointed to hold the inquiry and to any assessor appointed to assist him such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.

3

The person appointed to hold the inquiry (hereafter in this Schedule referred to as “the court”) shall hold the inquiry in such manner and under such conditions as the court thinks most effectual for ascertaining the causes, circumstances and effects of the occurrence and for enabling the court to make the report hereafter in this Schedule mentioned.

4

The court shall, for the purposes of the inquiry, have power—

• (a) to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes;

• (b) by summons signed by the court to require any person to attend, at such time and place as is specified in the summons, to give evidence or produce any documents in his custody or under his control which the court considers it necessary for the purposes of the inquiry to examine;

• (c) to require a person appearing at the inquiry to furnish to any other person appearing thereat, on payment of such fee, if any, as the court thinks fit, a copy of any document offered, or proposed to be offered, in evidence by the first-mentioned person;

• (d) to take evidence on oath, and for that purpose to administer oaths, or, instead of administering an oath, to require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined;

• (e) to adjourn the inquiry from time to time; and

• (f) subject to the foregoing sub-paragraphs, to regulate the procedure of the court.

5

A person attending as a witness before the court shall be entitled to be paid by the Secretary of State such expenses as would be allowed to a witness attending on subpoena before a court of record, and any dispute as to the amount to be so allowed shall be referred by the court to a master of the Supreme Court who, on request signed by the court, shall ascertain and certify the proper amount of the expenses.

6

The court shall make a report to the Secretary of State stating the causes, circumstances and effects of the occurrence, adding any observations which the court thinks it right to make, and the Secretary of State shall cause copies of the report, or so much thereof as it is not in his opinion inconsistent with the interests of national security to disclose, to be laid before Parliament.

7

If any person—

• (a) without reasonable excuse (proof whereof shall lie on him), and after having the expenses (if any) to which he is entitled tendered to him, fails to comply with any summons or requisition of the court; or

• (b) does any other thing which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court,

the court may, by instrument signed by the court, certify the offence of that person to the High Court and the High Court may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court ....

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes