Nuclear Installations Act 1965

Orders.

Northern Ireland.

Repeals and savings.

Attachment of conditions to licences.

Offences—general.

Northern Ireland.

Channel Islands. Isle of Man, etc.

Attachment of conditions to licences.

Attachment of conditions to licences.

Northern Ireland.

Channel Islands. Isle of Man, etc.

Orders.

Northern Ireland.

Channel Islands. Isle of Man, etc.

Northern Ireland.

Channel Islands. Isle of Man, etc.

Furnishing of information relating to licensee’s cover.

Recovery of expenses by Health and Safety Executive ONR

Offences—general.

Northern Ireland.

Channel Islands. Isle of Man, etc.

Attachment of conditions to licences

Revocation and surrender of licences

Maintenance of list of licensed sites and relevant disposal sites

Duty of licensee of licensed site.

7A

• (1) The requirement referred to in section 7(1B)(b) is that the nuclear matter satisfies the condition in any of subsections (2) to (8) in relation to the licensee of the licensed site as licensee of that site.

• (2) The condition in this subsection is that the nuclear matter—

• (a) is in the course of carriage to the licensed site with the agreement of the licensee from a place in a country or territory that is not a relevant territory, and

• (b) is not on another relevant site in the United Kingdom.

For these purposes the carriage of the matter is to be treated as starting once the matter has been loaded on to the means of transport intended to be used for its carriage from that country or territory.

• (3) The condition in this subsection is that the nuclear matter—

• (a) is in the course of carriage from the licensed site to a place in a country or territory that is not a relevant territory, and

• (b) is not on another relevant site in the United Kingdom.

For these purposes the carriage of the matter is to be treated as coming to an end once the matter has been unloaded from the means of transport used for its carriage to that country or territory.

• (4) The condition in this subsection is that the licensee has taken charge of the nuclear matter from a person authorised to operate a nuclear reactor comprised in a means of transport and the matter—

• (a) is in the course of carriage to the licensed site, and

• (b) is not on another relevant site in the United Kingdom.

• (5) The condition in this subsection is that the nuclear matter—

• (a) is in the course of carriage from the licensed site to a person authorised to operate a nuclear reactor comprised in a means of transport and in which the matter is intended to be used, and

• (b) is not on another relevant site in the United Kingdom.

For these purposes the carriage of the matter is to be treated as coming to an end once that operator takes charge of the matter.

• (6) The condition in this subsection is that—

• (a) the nuclear matter was in the course of such carriage as is described in subsection (2), (3), (4) or (5),

• (b) that course of carriage was not completed, and

• (c) since ceasing to be in the course of such carriage, the nuclear matter has not been in such circumstances as are mentioned in subsection (9), (10) or (11).

• (7) The condition in this subsection is that—

• (a) the nuclear matter is in the course of carriage on behalf of the licensee as a licensee of the licensed site, otherwise than as described in any of subsections (2)(a), (3)(a), (4)(a) and (5)(a), and the licensee has a direct economic interest in the matter, or

• (b) the nuclear matter was in the course of such carriage while being matter in which the licensee had a direct economic interest and, since ceasing to be in the course of such carriage or since ceasing to be matter in which the licensee had a direct economic interest, has not been in such circumstances as are mentioned in subsection (9), (10) or (11).

• (8) The condition in this subsection is that the nuclear matter was on the licensed site and, since ceasing to be on that site, has not been in such circumstances as are mentioned in subsection (9), (10) or (11).

• (9) The circumstances in this subsection are that the nuclear matter is on a relevant site other than the licensed site.

• (10) The circumstances in this subsection are that the nuclear matter—

• (a) is in the course of carriage to a relevant site other than the licensed site with the agreement of the operator of that site from a place in a country or territory that is not a relevant territory,

• (b) is in the course of carriage from a relevant site other than the licensed site to a place in a country or territory that is not a relevant territory,

• (c) is in the course of carriage on behalf of a person authorised to operate a nuclear reactor which is comprised in a means of transport and in which the nuclear matter is intended to be used or was used or was intended to be used, or

• (d) is in the course of relevant carriage on behalf of a person other than the licensee of the licensed site, and otherwise than as described in paragraph (a), (b) or (c), and is matter in which that person has a direct economic interest.

• (11) The circumstances in this subsection are that the nuclear matter—

• (a) is within the territorial limits of a country or territory that is not a relevant territory, and

• (b) is not in the course of such carriage as is described in any of subsections (2)(a), (3)(a), (4)(a) and (5)(a) or in the course of relevant carriage from one relevant site to another.

• (12) Where the licensee of a licensed site operates the site on behalf of another person—

• (a) carriage of nuclear matter that is undertaken or arranged by the licensee as licensee of the licensed site on behalf of that other person is to be treated as carriage on behalf of the licensee (and accordingly is to be treated as relevant carriage on behalf of the licensee for the purposes of this Act), and

• (b) a requirement in this section that a person have a direct economic interest in nuclear matter that is in the course of carriage is to be treated as satisfied by the licensee when acting on behalf of another person as regards the carriage of nuclear matter if—

• (i) that other person is the person on whose behalf the licensee is operating the licensed site, and

• (ii) that other person has a direct economic interest in the nuclear matter.

• (13) For the purposes of this section, a person who receives a financial or other benefit for or in connection with undertaking, or arranging for, the carriage of nuclear matter does not, for that reason only, have a direct economic interest in the matter.

7B

• (1) Sections 7 and 7A apply in relation to the operator of a relevant disposal site as they apply in relation to the licensee of a licensed site, but with the following modifications—

• (a) a reference in those sections to a case in which a nuclear site licence has been granted is to be read as a reference to a case in which an appropriate permit has been granted;

• (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 relevant disposal site;

• (c) a reference in those sections to the licensee of a licensed site is to be read as a reference to the operator of a relevant disposal site;

• (d) a reference in those sections to a nuclear installation is to be read as a reference to an installation for the disposal of nuclear matter;

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

• (f) 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 the operator of a relevant disposal site, as a reference to the period during which the operator is responsible for the relevant disposal site.

• (2) For the purposes of subsection (1)(f) an operator of a relevant disposal site is responsible for the relevant disposal site or any part of 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 person becomes the operator of the site or, as the case may be, part of it, and

• (b) ends with whichever of the dates in subsection (3) is the earliest.

• (2B) The operator of a site that would be a relevant disposal site but for subsection (7A) is to be treated for the purposes of subsection (2)(a)(ii) as becoming the operator of the site on the date when the site ceases to be an excluded disposal site.

• (3) The dates referred to in subsection (2)(b) are—

• (a) the date when the appropriate environment authority gives notice in writing to the 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) the date when another person becomes the operator of the site or, as the case may be, part of it;

• (c) the date when the following conditions have both become satisfied—

• (i) the site or, as the case may be, part of it ceases to be used by the operator, and

• (ii) the site or, as the case may be, that part of it is used or occupied by or on behalf of the Crown;

• (d) the date when a nuclear site licence is granted in respect of the site or, as the case may be, part of it;

• (e) the date when the Secretary of State gives notice under section 7C(1)(b) that the site is an excluded disposal site.

• (3A) Where a site to which subsection (2B) applies was a relevant disposal site before it became an excluded disposal site, subsection (2) has effect in respect of—

• (a) the period beginning by virtue of subsection (2)(a), and

• (b) any further period beginning by virtue of subsection (2B).

• (4) Subject to subsections (5), (6) , (7) and (7A), a site is a relevant disposal site for the purposes of this section if—

• (a) it is used for the operation of an installation for the disposal of nuclear matter, and

• (b) that use is a use for which the authority of an appropriate permit is required.

• (5) A site is not a relevant disposal site if it is—

• (a) a site or part of a site in respect of which a nuclear site licence has been granted,

• (b) premises treated because of section 8 as a site for which a nuclear site licence has been granted or part of such premises, or

• (c) a site or part of a site used or occupied by or on behalf of the Crown.

• (6) A site is not a relevant disposal site if—

• (a) any person using the site ceased, before article 4 of the Nuclear Installations (Liability for Damage) Order 2016 came fully into force, to accept on the site any nuclear matter for the purposes of disposal on the site, and

• (b) no person using the site has, after article 4 came fully into force, accepted on the site any nuclear matter for the purposes of disposal on the site.

• (7) A site is not a relevant disposal site if the nuclear matter disposed of in the installation or installations on the site consists only of nuclear matter that is excepted matter.

• (7A) A site is not a relevant disposal site if it is an excluded disposal site.

• (8) If a site ceases to be a relevant disposal site, no liability may arise by virtue of this section after the time it ceases to be a relevant disposal site, except in relation to an occurrence or event that began to happen before that time.

• (9) In this section—

• “appropriate permit” means—in relation to a site in England or Wales, a permit under regulations made under section 2 of the Pollution Prevention and Control Act 1999 authorising a person to use the site for the disposal of radioactive waste; in relation to a site in Scotland, a permit under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014 (2014 asp 3) authorising a person to use the site for the disposal of radioactive waste; in relation to a site in ... Northern Ireland, an authorisation under section 13 of the Radioactive Substances Act 1993 authorising a person to use the site for the disposal of radioactive waste;

• “operator”, in relation to a relevant disposal site, means the person who uses the site to operate the installation by virtue of which the site is a relevant disposal site.

Cost of measures of reinstatement

11A

• (1) Where as a result of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 there is significant impairment of the environment, a qualifying public authority may make a claim under this Act for compensation in respect of the reasonable cost of relevant measures of reinstatement relating to that impairment.

• (2) Subsection (1) is subject to subsection (3) and sections 11B and 11D.

• (3) Compensation is not payable by virtue of a claim under subsection (1) in respect of the cost of measures of reinstatement that benefit or would benefit property if the property is such that damage to it would not constitute damage in breach of a duty imposed by—

• (a) section 7 (see section 7(1A)(b), (1C)(b), (3) and (3A)),

• (b) section 7B (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 7B),

• (c) section 8 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 8),

• (d) section 9 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 9), or

• (e) section 10 (see section 10(1)(b)),

as the case may be.

• (4) A public authority is a qualifying public authority, in relation to a particular significant impairment of the environment, if it may in the exercise of its functions—

• (a) take, or arrange for the taking of, measures of reinstatement relating to that impairment of the environment, or

• (b) pay (otherwise than under this Act) costs incurred by another public authority in taking, or arranging for the taking of, measures of reinstatement relating to that impairment.

• (5) A measure of reinstatement relating to a significant impairment of the environment is a relevant measure of reinstatement relating to that impairment if, or to the extent that, it is a measure reasonably taken for the purpose of—

• (a) reinstating or restoring what has been destroyed or damaged in the environment, or

• (b) establishing the equivalent of what has been destroyed or damaged in the environment.

• (6) A measure of reinstatement is reasonably taken for the purposes of this section if taking that measure is appropriate and proportionate in the circumstances.

• (7) A reference in this section to the environment is a reference to the environment within the territorial limits of the United Kingdom, in or above the exclusive economic zone of the United Kingdom or on the continental shelf of the United Kingdom.

• (8) In this section and sections 11B, 11D and 11E—

• “holder of a public office” means—a person holding an office under the Crown,a person holding an office created or continued in existence by a public general Act or by legislation passed by the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly, ora person holding an office the remuneration in respect of which is paid out of money provided by Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly;

• “local authority” means—in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, in relation to Scotland, a council constituted under section 2(1) of the Local Government etc. (Scotland) Act 1994, in relation to Wales, a county council, a county borough council or a community council, orin relation to Northern Ireland, a district council;

• “public authority” means a holder of a public office or a public body in the United Kingdom;

• “public body” includes a government department (including the Welsh Assembly Government, any part of the Scottish Administration and a Northern Ireland department) and a local authority.

Registration in connection with certain occurrences and events.

11B

• (1) Compensation under this Act is payable by virtue of a claim under section 11A(1) only if the claim relates to measures of reinstatement approved by—

• (a) the Secretary of State under this section, or

• (b) if a decision under this section is appealed under section 11D, the court that determines the appeal under section 11D.

• (2) A qualifying public authority may apply to the Secretary of State for approval under this section before or after the measures of reinstatement are taken.

• (3) The public authority must publish a notice of its application.

• (4) The notice must be published in a manner that appears to the authority to be appropriate for bringing it to the attention of—

• (a) the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment;

• (b) in relation to any property that is or would be affected by the measures of reinstatement, any person who appears to the authority to have such interest in or right over that property as would entitle that person to claim for damage to property.

• (5) A notice of an application for approval must specify the measures of reinstatement for which approval is sought.

• (6) The Secretary of State may approve a measure of reinstatement under this section only if satisfied that—

• (a) there is significant impairment of the environment;

• (b) the measure is, in relation to that impairment, a relevant measure of reinstatement within the meaning of section 11A;

• (c) the amount claimed in respect of the cost of the measure is reasonable;

• (d) the public authority applying for approval in relation to a measure of reinstatement is a qualifying public authority within the meaning of section 11A as regards that measure.

• (7) The Secretary of State may refuse to approve measures of reinstatement on the ground that the applicant, or the public authority whose costs the applicant has paid or proposes to pay, is or was not the appropriate public authority to take the measures or to arrange for them to be taken.

• (8) The Secretary of State may approve some but not others of the measures to which the application relates.

• (9) A decision by the Secretary of State under this section is not to be taken as determining—

• (a) whether or not there was a breach of a duty under section 7, 7B, 8, 9 or 10, or

• (b) whether or not the impairment of the environment arises out of or results from a breach of such a duty.

• (10) The Secretary of State must publish a notice of a decision made under this section.

• (11) For each of the measures of reinstatement to which the application relates, the notice of decision must—

• (a) if approval is refused, state whether or not approval is refused on the ground mentioned in subsection (7), and

• (b) except in a case where approval is refused on that ground, specify the reasons why the Secretary of State is or is not satisfied as to the matters in subsection (6).

• (12) If the Secretary of State makes a claim for compensation under section 11A(1), the Secretary of State must appoint an independent person to carry out the functions of the Secretary of State under this section and sections 11C and 11D as regards approving measures of reinstatement.

• (13) Approval by the appointed person is to be treated as approval by the Secretary of State for the purposes of subsection (1).

11C

• (1) Persons who satisfy the requirements of subsection (2) may make representations to the Secretary of State as regards the measures of reinstatement for which approval is sought by an application under section 11B.

• (2) A person satisfies the requirements of this subsection if the person is—

• (a) the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment;

• (b) in relation to any property that is or would be affected by the measures of reinstatement, a person who has such interest in or right over that property as would entitle that person to claim for damage to property.

• (3) The Secretary of State may invite other persons to make representations as regards the measures of reinstatement.

• (4) The Secretary of State must publish a notice of the arrangements for making representations under this section in respect of an application under section 11B.

11D

• (1) The following persons may appeal to the appropriate court against a decision of the Secretary of State on an application under section 11B—

• (a) where approval of a measure of reinstatement is refused, the public authority that applied for approval of the measure;

• (b) where approval of a measure of reinstatement is granted, the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment.

• (2) A decision of the Secretary of State to refuse approval on the ground mentioned in section 11B(7) may not be appealed under this section.

• (3) Subject to subsection (2), the court may on an appeal under this section determine whether or not to approve the measures of reinstatement to which the appeal relates.

• (4) Section 11B(6) applies in relation to a determination of the court as it applies in relation to a decision of the Secretary of State under section 11B.

• (5) The appropriate court is the court that has, or but for section 16(3E) would have had, jurisdiction in accordance with section 16C to determine a claim by virtue of section 7, 7B, 8, 9 or 10 for compensation under this Act in respect of the cost of the measures of reinstatement in question.

• (6) A decision of a person appointed under section 11B(12) may be appealed in the same way as a decision of the Secretary of State.

11E

• (1) This section applies if approval on the part of the United Kingdom is required by any relevant foreign law in connection with a claim under that law corresponding to such claim as may be made under paragraph 1 of Schedule 1A.

• (2) Sections 11B to 11D are to apply in relation to such a claim under the relevant foreign law as they apply in relation to a claim under section 11A(1).

• (3) Where sections 11B to 11D apply by virtue of subsection (2)—

• (a) references to a public authority are to be treated as including references to a person who is entitled, in the particular case, to take or arrange for the taking of such measures as give rise to a claim under the relevant foreign law for compensation,

• (b) references to a breach of a duty under section 7, 7B, 8, 9 or 10 are to be treated as references to the corresponding occasion of compensation under the relevant foreign law,

• (c) section 11B(6) is to be treated as requiring the Secretary of State to approve a measure of reinstatement only if satisfied that—

• (i) the measure is such that the costs of taking the measure may be claimed under the relevant foreign law made for purposes corresponding to section 11A, if liability is established under the relevant foreign law, and

• (ii) the person applying for approval is entitled to take or arrange for the taking of the measure,

• (d) references to the appropriate court are to be treated as references to the High Court of Justice, and

• (e) section 11B(7) is not to have effect if the person applying for approval is not a public authority.

11F

Schedule 1A (approval of measures of reinstatement in places outside the United Kingdom) has effect.

Loss of income derived from the environment

11G

• (1) Where as a result of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 there is significant impairment of the environment, a claim may be made under this Act for compensation in respect of a person’s loss of profits if the circumstances of that loss satisfy the requirements in subsection (2).

• (2) The requirements are that—

• (a) the profits are from income that the person generates, or but for the impairment would generate, by means of an activity which entails directly exploiting the resources in a part of the environment,

• (b) the activity is an activity that the person may lawfully carry on, or but for the impairment would be able lawfully to carry on, in that part of the environment,

• (c) the person had started to carry on, and had not ceased to carry on, the activity in that part of the environment before the occurrence began to happen,

• (d) some or all of that part of the environment is significantly impaired as a result of the breach of duty, and

• (e) as a direct consequence of that significant impairment, the person is not able to carry on the activity in question in so much of that part of the environment as is significantly impaired or profits less from carrying on the activity there.

• (3) Compensation is not payable to a person by virtue of a claim under subsection (1) if the activity in question is an activity carried on by the person as an employee.

• (4) Compensation is not payable to a person by virtue of a claim under subsection (1) if the loss of profits is—

• (a) a loss for which that person may claim compensation under this Act by way of compensation for damage to property, or

• (b) a loss for which that person could make such a claim but for the property being such that damage to it would not constitute damage in breach of a duty imposed by—

• (i) section 7 (see section 7(1A)(b), (1C)(b), (3) and (3A)),

• (ii) section 7B (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 7B),

• (iii) section 8 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 8),

• (iv) section 9 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 9), or

• (v) section 10 (see section 10(1)(b)),

as the case may be.

• (5) Compensation under this Act is not payable by virtue of a claim under subsection (1) if the part of the environment in question is the relevant site by reference to which the claim under subsection (1) is established or a part of it.

Cost of preventive measures

11H

• (1) Where there is a breach of a duty imposed by section 7, 7B, 8, 9 or 10, a claim may be made for compensation under this Act in respect of the reasonable cost of preventive measures reasonably taken after the breach of duty.

• (2) Subject to subsections (3) and (4), where there is a breach of a duty imposed by section 7, 7B, 8, 9 or 10, a claim may be made for compensation under this Act in respect of injury to a person or damage to property caused by—

• (a) preventive measures reasonably taken after the breach of duty by a person other than the person whose breach of duty it is, or

• (b) preventive measures taken after the breach of duty by the person whose breach of duty it is.

• (3) The compensation that may be claimed under subsection (2)(a) does not include compensation in respect of so much of any injury or damage as is caused by an act or omission done maliciously or negligently.

• (4) The compensation that may be claimed under subsection (2) does not include compensation in respect of damage to property where the property is such that damage to it would not constitute damage in breach of a duty imposed by—

• (a) section 7 (see section 7(1A)(b), (1C)(b), (3) and (3A)),

• (b) section 7B (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 7B),

• (c) section 8 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 8),

• (d) section 9 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 9), or

• (e) section 10 (see section 10(1)(b)),

as the case may be.

• (5) The payment of compensation in respect of injury to a person or damage to property otherwise than under this Act by or on behalf of a person who takes preventive measures does not prevent the making of a claim under subsection (2) (subject to the exceptions in subsections (3) and (4)) if and to the extent that that payment does not make full compensation in respect of the injury or damage in question.

• (6) A reference in subsection (1) or (2) to a preventive measure reasonably taken after a breach of duty includes a reference to such part of a preventive measure as is so taken.

• (7) A preventive measure is a measure taken in order to minimise or prevent—

• (a) injury to a person or damage to property constituting a breach of a duty imposed by section 7, 7B, 8, 9 or 10, or

• (b) significant impairment of the environment occasioning costs or losses in respect of which a claim under section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A may be made.

• (8) A preventive measure is reasonably taken for the purposes of this section if taking that measure is appropriate and proportionate in the circumstances.

• (9) Where the breach of a duty under section 7(1E), 7B, 8, 9 or 10(1A) consists of an event that creates a grave and imminent threat of a breach of another duty under section 7, 7B, 8, 9 or 10, no preventive measure may be considered appropriate and proportionate unless it is possible for there to be at least one person, not being a person involved in the event, whose likely exposure if the threatened breach of duty were to happen would be in excess of one of the following—

• (a) an effective dose of 5 mSv in the period of one year beginning with the day on which the threatened breach of duty happens or begins to happen;

• (b) an equivalent dose for the lens of the eye of 15 mSv in that period;

• (c) an equivalent dose for the skin of 50 mSv in that period over 1 cm ² area of skin, regardless of the area exposed.

• (10) In quantifying a person’s likely exposure for the purposes of subsection (9), the effect of preventive measures taken to protect the person’s health within 24 hours of the time when the event first creates the grave and imminent threat is to be disregarded.

• (11) In subsection (9)—

• (a) an effective dose is the sum of the effective dose to the whole body from external radiation and the committed effective dose from internal radiation;

• (b) an equivalent dose for a particular human tissue or organ includes the committed equivalent dose to that tissue or organ from internal radiation;

• (c) “external radiation”, in relation to a person, means ionising radiation coming from outside the body of that person;

• (d) “internal radiation”, in relation to a person, means ionising radiation coming from inside the body of that person.

• (12) Subsection (9) does not apply in the case of—

• (a) preventive measures taken as regards a person involved in the event;

• (b) preventive measures relating to the food supply.

• (13) For the purposes of subsections (9) and (12), a person is involved in such an event if—

• (a) where the event relates to a threatened breach of duty on a licensed site, the person is on the licensed site at any time when the event is happening,

• (b) where the event relates to a threatened breach of duty involving nuclear matter in the course of carriage, the person is concerned with that carriage of nuclear matter at any time when the event is happening,

• (c) where the event relates to a threatened breach of duty on a licensed site, the person is, after the event happens, on the licensed site for the purpose of taking preventive measures or taking part in an emergency response to the event, or

• (d) where the event relates to a threatened breach of duty involving nuclear matter in the course of carriage, the person is at the place where the event is happening or has happened for the purpose of taking preventive measures or taking part in an emergency response to the event.

Right to compensation ....

13A

• (1) Subsection (2) applies if—

• (a) a person claims compensation under this Act in respect of damage to property,

• (b) the property is affected by relevant measures of reinstatement (as defined by section 11A) that have been taken by, or under arrangements made by, a qualifying public authority (as defined in section 11A), and

• (c) the damage to property and the significant impairment of the environment were caused by the same occurrence.

• (2) The court that is determining the person’s claim in respect of damage to property must take into account, as affecting the amount of the person’s loss, any benefit or loss that—

• (a) arises from or in connection with the measures of reinstatement, and

• (b) is gained or suffered by the person.

• (3) Subsection (4) applies if—

• (a) a person claims compensation under this Act in respect of damage to property,

• (b) the property is affected, or likely to be affected by, relevant measures of reinstatement—

• (i) that have been started by, or under arrangements made by, a qualifying public authority but have not been completed, or

• (ii) that are proposed to be taken by, or under arrangements made by, a qualifying public authority, and

• (c) the damage to property and the significant impairment of the environment were caused by the same occurrence.

• (4) The court in determining the person’s claim in respect of damage to property may, if it considers it just to do so, take into account, as affecting the amount of the person’s loss, any benefit or loss that is likely to—

• (a) arise from or in connection with the measures of reinstatement as proposed to be carried out and be gained by the person, and

• (b) be gained or suffered (as the case may be) by the person.

• (5) Where the court determines a person’s claim in the manner described in subsection (2) or (4), the person may not claim to be further compensated under this Act in respect of measures of reinstatement affecting the property that are taken because of the same occurrence.

• (6) Subsection (7) applies if—

• (a) a qualifying public authority claims compensation under this Act by virtue of section 11A(1) in relation to significant impairment of a part of the environment (“the section 11A(1) claim”),

• (b) some or all of the significant impairment also constitutes damage to property, and

• (c) the amount of compensation payable in respect of the section 11A(1) claim falls to be determined after—

• (i) a court has determined, in proceedings for compensation under this Act for damage to a person’s property, that compensation is payable in accordance with section 16 for the damage to the property, or