Nuclear Installations Act 1965

• (ii) the persons who are, or would be, parties to such proceedings have agreed for the purposes of such proceedings that compensation is payable in accordance with section 16 for the damage to the property.

• (7) The court in determining the section 11A(1) claim may, if it considers it just to do so, reduce the amount of compensation otherwise payable in accordance with section 16 so that compensation claimed by virtue of section 11A(1) is not payable by reference to matters for which compensation for damage to property is already payable.

• (8) Subsections (1) to (7) apply in relation to—

• (a) relevant measures of reinstatement (as defined by paragraph 1 of Schedule 1A),

• (b) persons who satisfy the condition in paragraph 2 of Schedule 1A, and

• (c) claims made by virtue of paragraph 1 of Schedule 1A,

as they apply in relation to relevant measures of reinstatement (as defined by section 11A), qualifying public authorities and claims made by virtue of section 11A(1).

Section 16: supplementary

16A

• (1) This section applies for the purposes of section 16.

• (2) A claim for compensation under this Act in the case of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 is referable to a relevant reciprocating territory if—

• (a) the injury or damage for which compensation is claimed is such injury or damage as is mentioned in subsection (3),

• (b) the significant impairment of the environment by reference to which compensation is claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is such significant impairment of the environment as is mentioned in subsection (3), or

• (c) the preventive measures by reference to which compensation is claimed by virtue of section 11H(1) or (2) are preventive measures relating to such injury, damage or significant impairment of the environment as is mentioned in subsection (3).

• (3) The injury, damage and significant impairment of the environment referred to in subsection (2) are—

• (a) injury, damage or significant impairment of the environment that is incurred within the territorial limits of that relevant reciprocating territory;

• (b) injury, damage or significant impairment of the environment that is incurred in or above the exclusive economic zone or on the continental shelf of that relevant reciprocating territory;

• (c) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by, or by persons or property on, a ship or aircraft registered in that relevant reciprocating territory.

• (4) A claim for compensation under this Act in the case of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 is a special relevant claim if—

• (a) the injury or damage for which compensation is claimed is such injury or damage as is mentioned in subsection (5),

• (b) the significant impairment of the environment by reference to which compensation is claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is such significant impairment of the environment as is mentioned in subsection (5), or

• (c) the preventive measures by reference to which compensation is claimed by virtue of section 11H(1) or (2) are preventive measures relating to such injury, damage or significant impairment of the environment as is mentioned in subsection (5).

• (5) The injury, damage and significant impairment of the environment referred to in subsection (4) are—

• (a) injury, damage or significant impairment of the environment that is incurred within the territorial limits of the United Kingdom or a special relevant territory;

• (b) injury, damage or significant impairment of the environment that is incurred in or above the exclusive economic zone or on the continental shelf of the United Kingdom or a special relevant territory in connection with the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf;

• (c) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by, or by persons or property on, a ship or aircraft registered in the United Kingdom or a special relevant territory;

• (d) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by a national of the United Kingdom or a special relevant territory;

• (e) injury or damage that is incurred outside the territorial limits of any country or territory by, or by persons or property on, an artificial island, installation or structure that is subject to the jurisdiction of the United Kingdom or a special relevant territory.

• (6) A relevant territory other than the United Kingdom is a special relevant territory if—

• (a) in the case of a relevant territory that is a country, the law of the country satisfies the conditions in subsection (7), or

• (b) in the case of a relevant territory that is an overseas territory of a country—

• (i) the law of the country makes (or the laws of the country and overseas territory make) such provision with respect to the overseas territory as is described in subsection (7) with respect to the country, and

• (ii) the relevant international agreement in pursuance of which that provision is made applies for the time being to the overseas territory.

• (7) The conditions referred to in subsection (6)(a) are—

• (a) that the law of the country makes provision, in pursuance of a relevant international agreement, for sums additional to those mentioned in section 18(1)(a) to be made available out of public funds;

• (b) that the law of the country makes provision, in pursuance of that relevant international agreement, for the maximum aggregate amount of compensation in respect of an occurrence or event to be equal to or more than that specified in section 16(3BA).

• (8) A reference in this section to a national of the United Kingdom—

• (a) includes a reference to—

• (i) a public authority,

• (ii) a body incorporated under the law of any part of the United Kingdom,

• (iii) an unincorporated body established under the law of any part of the United Kingdom, and

• (iv) a trust the validity of which is governed by the law of a part of the United Kingdom;

• (b) as regards individuals, is a reference to—

• (i) a British citizen, a British overseas territory citizen, a British National (Overseas) or a British Overseas citizen;

• (ii) a British subject under the British Nationality Act 1981; or

• (iii) a British protected person within the meaning of that Act.

• (9) In this section—

• “national”, in relation to a special relevant territory, includes—that special relevant territory and any part of it,a public or private body established in the special relevant territory or part of it, whether a body corporate or not,a partnership established in the special relevant territory or part of it, anda trust the validity of which is governed by the law of the special relevant territory;

• “public authority” has the same meaning as in section 11A.

16B

• (1) The reference in section 16(1)(f) to 1,200 million euros has effect in relation to liability in respect of any occurrence or event constituting a breach of a duty under section 7, 7B, 8 or 9 that happens in (or begins to happen in) a year mentioned below as if there were substituted a reference to the amount specified below for that year—

• (a) for the first year, 700 million euros;

• (b) for the second year, 800 million euros;

• (c) for the third year, 900 million euros;

• (d) for the fourth year, 1,000 million euros;

• (e) for the fifth year, 1,100 million euros.

• (2) For the purposes of this section—

• (a) the first year is the period of a year beginning with the appropriate day;

• (b) the second, third, fourth and fifth years are the periods of a year beginning with the first, second, third and fourth anniversaries, respectively, of the appropriate day.

• (3) “The appropriate day” means the day on which article 19 of the Nuclear Installations (Liability for Damage) Order 2016 comes fully into force.

16C

• (1) This section has effect, subject to section 17(1), for determining which of the High Court of Justice, the Court of Session and the High Court of Justice in Northern Ireland has jurisdiction in the case of—

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

• (b) an application for the determination of a question relating to such a claim.

• (2) The High Court of Justice has jurisdiction if the claim relates to an occurrence or event constituting a breach of duty that takes place wholly within the part of the United Kingdom that consists of England and Wales.

• (3) The Court of Session has jurisdiction if the claim relates to an occurrence or event constituting a breach of duty that takes place wholly within Scotland.

• (4) The High Court of Justice in Northern Ireland has jurisdiction if the claim relates to an occurrence or event constituting a breach of duty that takes place wholly within Northern Ireland.

• (5) For the purposes of subsections (2) to (4) as they apply to an occurrence falling within section 7(1B)(b) or 10(1) or to an event creating a threat of a breach of duty consisting of such an occurrence—

• (a) an occurrence or event that continues while the matter involved is carried from one part of the United Kingdom to another, is to be treated as taking place in the part where it began;

• (b) an occurrence that is one of a succession of occurrences or an event that is one of a succession of events, all of which are attributable to a particular happening and take place during one course of carriage, is to be treated as taking place in whichever part of the United Kingdom is the part where the first occurrence in that succession of occurrences, or the first event in that succession of events, happened;

• (c) an occurrence or event that takes place within more than one part of the United Kingdom at the same time, and to which neither paragraph (a) nor paragraph (b) applies, is to be treated as taking place in whichever part of the United Kingdom is the part within which the matter involved was last wholly located before the occurrence or event took place.

• (6) If none of subsections (2) to (4) applies in the case of a claim or application, the court that has jurisdiction is—

• (a) if the claim relates to a person’s breach of duty as the licensee of a licensed site in the part of the United Kingdom consisting of England and Wales, the operator of a relevant disposal site in that part of the United Kingdom, or the occupier of any other relevant site in that part of the United Kingdom, the High Court of Justice;

• (b) if the claim relates to a person’s breach of duty as the licensee of a licensed site in Scotland, the operator of a relevant disposal site in Scotland, or the occupier of any other relevant site in Scotland, the Court of Session;

• (c) if the claim relates to a person’s breach of duty as the licensee of a licensed site in Northern Ireland, the operator of a relevant disposal site in Northern Ireland, or the occupier of any other relevant site in Northern Ireland, the High Court of Justice in Northern Ireland.

• (7) If, in consequence of a single occurrence or event that constitutes two or more breaches of the duties imposed by sections 7, 7B, 8, 9 and 10, more than one court would have jurisdiction under subsection (6), the court that is to have jurisdiction is the High Court of Justice.

• (8) The High Court of Justice has jurisdiction in the case of a claim or application which falls under a relevant international agreement to be determined by a court in the United Kingdom but to which none of subsections (2) to (6) applies.

• (9) In this section—

• (a) a reference to a part of the United Kingdom is a reference to—

• (i) England and Wales,

• (ii) Scotland, or

• (iii) Northern Ireland;

• (b) a reference to England and Wales includes a reference to—

• (i) areas within the territorial limits of the United Kingdom, other than Scotland or Northern Ireland or areas adjacent to Scotland or Northern Ireland, and

• (ii) the relevant maritime zone of the United Kingdom, other than the relevant maritime zone adjacent to Scotland or Northern Ireland, and the sea bed and subsoil within, and the airspace above, that part of that zone;

• (c) a reference to Scotland includes a reference to—

• (i) areas within the territorial limits of the United Kingdom that are adjacent to Scotland, and

• (ii) the relevant maritime zone of the United Kingdom adjacent to Scotland and the sea bed and subsoil within, and the airspace above, that part of that zone;

• (d) a reference to Northern Ireland includes a reference to—

• (i) areas within the territorial limits of the United Kingdom that are adjacent to Northern Ireland, and

• (ii) the relevant maritime zone of the United Kingdom adjacent to Northern Ireland and the sea bed and subsoil within, and the airspace above, that part of that zone.

• (10) For the purposes of this section—

• (a) an area is adjacent to Scotland if it lies within the boundaries determined under section 126(2) of the Scotland Act 1998;

• (b) an area is adjacent to Northern Ireland if it lies within the boundaries determined under section 98(8) of the Northern Ireland Act 1998.

17A

• (1) If a person brings proceedings in any part of the United Kingdom in relation to which the condition in subsection (3) is satisfied, the person must notify the Secretary of State of the proceedings when they are brought.

• (2) If a person makes a claim in proceedings brought in any part of the United Kingdom as a result of which the condition in subsection (3) is satisfied in relation to the proceedings, the person must notify the Secretary of State of the proceedings when that claim is made.

• (3) The condition is that—

• (a) a breach of a duty imposed on a person by section 7, 7B, 8, 9 or 10 is alleged in the proceedings,

• (b) the effect of any of sections 7 to 21 and Schedule 1A is in issue in the proceedings, or

• (c) a matter relating to a relevant international agreement is in issue in the proceedings.

• (4) When a person notifies the Secretary of State of proceedings under subsection (1), the person must at the same time send the Secretary of State—

• (a) a copy of the document that initiates the proceedings, and

• (b) if the claim being made by the person is not set out in the document that initiates the proceedings, a copy of the document that sets out the claim for the purposes of the proceedings.

• (5) When a person notifies the Secretary of State of proceedings under subsection (2), the person must at the same time send the Secretary of State a copy of the document that sets out the claim in question for the purposes of the proceedings.

• (6) A person is to be treated as notifying the Secretary of State of proceedings if the person seeks to make the Secretary of State a party to the proceedings.

17B

• (1) If it appears to the Secretary of State that the condition in subsection (2) is satisfied as regards proceedings brought in any part of the United Kingdom, the Secretary of State is entitled, on giving notice to the court, to be joined as a party to those proceedings.

• (2) The condition is that—

• (a) a breach of a duty imposed on a person by section 7, 7B, 8, 9 or 10 is alleged in the proceedings,

• (b) the effect of any of sections 7 to 21 and Schedule 1A is in issue in the proceedings, or

• (c) a matter relating to a relevant international agreement is in issue in the proceedings.

• (3) The Secretary of State may give notice under subsection (1) at any time during the proceedings.

17C

• (1) If the conditions in subsection (2) are satisfied as regards proceedings brought in any part of the United Kingdom, the government of a country that is a special relevant territory is entitled, on giving notice to the court, to be joined as a party to those proceedings.

• (2) The conditions are that—

• (a) a breach of a duty imposed on a relevant foreign operator by section 10 is alleged in the proceedings, and

• (b) the site by reference to which the condition in section 10(4) is alleged to be satisfied is a relevant site of the relevant foreign operator within the territorial limits of the special relevant territory or any overseas territory of that territory that is itself a special relevant territory.

• (3) Notice under subsection (1) may be given at any time during the proceedings.

17D

• (1) This section applies to proceedings on—

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

• (b) a claim for compensation under section 16(3).

• (2) If the condition in subsection (3) is satisfied in relation to a claim which falls to be determined by a court in the United Kingdom, the government of a foreign country may—

• (a) bring and conduct proceedings on the claim as the claimant’s representative, or

• (b) if the proceedings have been initiated, undertake the subsequent conduct of the proceedings as the claimant’s representative.

• (3) The condition is that—

• (a) in the case of a claim relating to property that is an asset of a trust, the law governing the validity of that trust when proceedings on the claim are initiated is the law of the foreign country, or

• (b) in any other case, the person whose alleged injury, loss or reason for expenditure is the basis of the claim (and who may be other than the claimant) is a qualifying person as regards the foreign country when proceedings on the claim are initiated.

• (4) A government of a foreign country may not represent the claimant in proceedings by virtue of subsection (2) unless the claimant consents.

• (5) For the purposes of this section a person is a qualifying person as regards a foreign country when proceedings are initiated if the person is at that time or, where the person is an individual and dies before proceedings are initiated, was at the time of death—

• (a) a national of that country, or

• (b) a person who is domiciled or resident in that country.

• (6) In this section, “claimant”, in relation to proceedings on a claim falling within subsection (1)(a) or (b), means the person making the claim as a party to the proceedings.

17E

• (1) If the condition in subsection (2) is satisfied in relation to a claim falling within subsection (3), the Secretary of State may bring and conduct proceedings on the claim as the claimant’s representative.

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

• (a) in the case of a claim relating to property that is an asset of a trust, the law governing the validity of that trust when proceedings on the claim are initiated is the law of a part of the United Kingdom, or

• (b) in any other case, if the person whose alleged injury, loss or reason for expenditure is the basis of the claim (and who may be other than the claimant) is a qualifying person as regards the United Kingdom when the proceedings are initiated.

• (3) A claim falls within this subsection if—

• (a) it is a claim in respect of an occurrence that gives rise to liability under any relevant foreign law made for purposes corresponding to section 7, 7B, 8, 9 or 10, and

• (b) it is a claim which, under a relevant international agreement, falls to be determined by a court of a relevant territory other than the United Kingdom or an overseas territory of the United Kingdom.

• (4) The Secretary of State may not represent the claimant in proceedings by virtue of subsection (1) unless the claimant consents.

• (5) Where the Secretary of State brings or conducts proceedings by virtue of subsection (1), the Secretary of State may take such steps as are necessary or appropriate in connection with bringing or conducting those proceedings.

• (6) For the purposes of this section a person is a qualifying person as regards the United Kingdom when proceedings are initiated if the person is at that time or, where the person is an individual and dies before proceedings are initiated, was at the time of death—

• (a) a United Kingdom national, or

• (b) a person who is domiciled or resident in the United Kingdom.

• (7) In this section—

• “claimant”, in relation to proceedings on a claim falling within subsection (3), means the person making the claim as a party to the proceedings;

• “United Kingdom national” means—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;a British subject under the British Nationality Act 1981;a British protected person within the meaning of that Act;a Scottish partnership;a body incorporated under the law of any part of the United Kingdom.

Cover for licensee’s or operator’s liability.

20A

• (1) The Secretary of State may make arrangements with any person for the purpose of enabling—

• (a) the licensee of a licensed site, or

• (b) the operator of a relevant disposal site,

to make the provision required by section 19(1).

• (2) The arrangements that may be made under subsection (1) include—

• (a) the provision of insurance or reinsurance;

• (b) the provision of an indemnity or guarantee.

• (3) The power under subsection (1) does not include a power to make grants.

• (4) Arrangements made by the Secretary of State under subsection (1) are to be on such terms as the Secretary of State considers appropriate.

• (5) The Secretary of State is not to make arrangements under subsection (1) except with the consent of the Treasury.

• (6) Sums received by the Secretary of State under arrangements made under subsection (1) are to be paid into the Consolidated Fund.

• (7) Sums required by the Secretary of State for fulfilling obligations arising under arrangements made under subsection (1) are to be paid out of money provided by Parliament.

• (8) If any sum required by the Secretary of State for fulfilling obligations under arrangements made under subsection (1) is not paid out of money provided by Parliament, it is to be charged on and paid out of the Consolidated Fund.

• (9) Where money is paid in reliance on subsection (8), the Secretary of State must as soon as is reasonably practicable lay a report before Parliament specifying the amount paid and the arrangements under which the amount fell to be paid.

20B

• (1) As soon as reasonably practicable after making arrangements under section 20A(1), the Secretary of State is to lay before Parliament a statement about the arrangements.

• (2) A statement under subsection (1) is to set out—

• (a) the licensee or operator for whose benefit the arrangements are made;

• (b) the nature of the arrangements;

• (c) the amount that may be required to discharge the Secretary of State’s obligations under the arrangements.

• (3) While the arrangements continue, the Secretary of State is to make a further statement about the arrangements as soon as reasonably practicable after the end of each report period.

• (4) A statement under subsection (3) is to set out—

• (a) any changes in the arrangements;

• (b) the amount that may be required to discharge the Secretary of State’s obligations under the arrangements.

• (5) “Report period”, in relation to arrangements made under section 20A(1), means—

• (a) the period of two years beginning with the day on which the statement under subsection (1) was laid before Parliament, and

• (b) each successive period of two years.

Reporting of and inquiries into dangerous occurrences

Recovery of expenses by Health and Safety Executive ONR

Offences—general.

Northern Ireland.

Channel Islands. Isle of Man, etc.

SCHEDULE 1A

Measures of reinstatement

1

• (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 within the territorial limits, in or above the exclusive economic zone, or on the continental shelf of a qualifying territory other than the United Kingdom, a person may make a claim under this Act for compensation in respect of the reasonable cost of measures of reinstatement relating to that impairment, to the extent that they are relevant measures of reinstatement.

• (2) Sub-paragraph (1) is subject to paragraphs 2 and 3.

• (3) A relevant measure of reinstatement, in relation to significant impairment of the environment, is a measure reasonably taken for the purpose of—

• (a) reinstating or restoring what has been destroyed or damaged as part of that impairment, or

• (b) establishing the equivalent of what has been destroyed or damaged as part of that impairment.

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

2

No compensation under this Act is payable by virtue of a claim under paragraph 1 unless the person taking the relevant measures of reinstatement is entitled to take the measures in question under the law of the qualifying territory.

3

Compensation under this Act is payable by virtue of a claim under paragraph 1 only if the claim relates to measures of reinstatement approved by a person who is competent to do so under any law of the qualifying territory made for purposes corresponding to section 11B (a “competent authority”).

Attachment of conditions to licences

Revocation and surrender of licences

Maintenance of list of licensed sites and relevant disposal sites

Occurrences not on a licensed site

Representations

Exclusion, extension or reduction of compensation in certain cases.

Protection for ships and aircraft.

Section 16: phasing of increases in liability

Furnishing of information relating to licensee’s or operator’s cover.

Registration in connection with certain occurrences and events.

Recovery of expenses by Health and Safety Executive ONR

Orders.

Northern Ireland.

Repeals and savings.

Persons able to take measures

Section 16: CSC-related definitions

16AA

• (1) This section applies for the purposes of section 16.

• (2) A claim for compensation under this Act in the case of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 is a CSC claim if—

• (a) the injury or damage for which compensation is claimed is such injury or damage as is mentioned in subsection (3),

• (b) the significant impairment of the environment by reference to which compensation is claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is such significant impairment of the environment as is mentioned in subsection (3), or

• (c) the preventive measures by reference to which compensation is claimed by virtue of section 11H(1) or (2) are preventive measures relating to such injury, damage or significant impairment of the environment as is mentioned in subsection (3).

• (3) The injury, damage and significant impairment of the environment referred to in subsection (2) are—

• (a) injury, damage or significant impairment of the environment that is incurred within the territorial limits of the United Kingdom or another CSC territory;

• (b) injury, damage or significant impairment of the environment that is incurred in or above the exclusive economic zone or on the continental shelf of the United Kingdom or another CSC territory in connection with the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf;

• (c) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by, or by persons or property on, a ship or aircraft registered in the United Kingdom or another CSC territory;

• (d) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by a national of the United Kingdom or another CSC territory;

• (e) injury or damage that is incurred outside the territorial limits of any country or territory by, or by persons or property on, an artificial island, installation or structure that is subject to the jurisdiction of the United Kingdom or another CSC territory.

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

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

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

• (7) A CSC claim is a non-UK CSC claim if—

• (a) the injury or damage for which compensation is claimed is such injury or damage as is mentioned in subsection (8),

• (b) the significant impairment of the environment by reference to which compensation is claimed by virtue of section 11A(1) or 11G(1) or paragraph 1 of Schedule 1A is such significant impairment of the environment as is mentioned in subsection (8), or

• (c) the preventive measures by reference to which compensation is claimed by virtue of section 11H(1) or (2) are preventive measures relating to such injury, damage or significant impairment of the environment as is mentioned in subsection (8).

• (8) The injury, damage and significant impairment of the environment referred to in subsection (7) are—

• (a) injury, damage or significant impairment of the environment that is incurred within the territorial limits of a CSC territory other than the United Kingdom;

• (b) injury, damage or significant impairment of the environment that is incurred in or above the exclusive economic zone or on the continental shelf of a CSC territory other than the United Kingdom in connection with the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf;

• (c) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by, or by persons or property on, a ship or aircraft registered in the United Kingdom or another CSC territory;

• (d) injury or damage that is incurred in or above the sea outside the territorial limits of any country or territory by a national of the United Kingdom or another CSC territory;

• (e) injury or damage that is incurred outside the territorial limits of any country or territory by, or by persons or property on, an artificial island, installation or structure that is subject to the jurisdiction of the United Kingdom or another CSC territory.

• (9) In this section—

• “CSC territory” means—a country that is a party to the CSC, oran overseas territory of such a country, if the CSC applies to the overseas territory,

• “national”, in relation to a CSC territory, includes—that CSC territory and any part of it,a public or private body established in the CSC territory or part of it, whether a body corporate or not,a partnership established in the CSC territory or part of it, anda trust the validity of which is governed by the law of the CSC territory, and

• “the CSC” means the Convention on Supplementary Compensation for Nuclear Damage (as amended or supplemented from time to time).

• (10) A reference in this section to a national of the United Kingdom is to be construed in accordance with section 16A(8).

Furnishing of information relating to licensee’s or operator’s cover.

Recovery of expenses by Health and Safety Executive ONR

Orders.

25C

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

Northern Ireland.

Channel Islands. Isle of Man, etc.

Measures of reinstatement

7C

• (1) A site that is used or intended to be used for the operation of an installation for the disposal of nuclear matter is an excluded disposal site if—

• (a) the Secretary of State is satisfied, on an application by the operator of the site, that the site meets—

• (i) the permit condition,

• (ii) the site history condition, and

• (iii) such other conditions as may be prescribed, and

• (b) the Secretary of State gives the operator notice in writing to that effect.

• (2) In this section, “disqualifying matter” means nuclear matter that exceeds the radioactivity concentration limits set out in paragraph 3(a) of the Appendix to the 2016 Decision.

• (3) The permit condition is that—

• (a) an appropriate permit is in force in respect of the site, and

• (b) that permit includes a condition preventing the site from receiving disqualifying matter.

• (4) The site history condition is that—

• (a) disqualifying matter has not at any time been accepted for disposal at the site, or

• (b) any disqualifying matter previously accepted for disposal at the site has been removed from the site.

• (5) An application under subsection (1)(a) must be accompanied by such documents as may be prescribed.

• (6) Regulations made under subsection (5) may—

• (a) specify requirements relating to the preparation, approval or review of a prescribed document;

• (b) require an operator to provide a copy of a prescribed document to a person other than the Secretary of State;

• (c) make different provision for different purposes.

• (7) A site ceases to be an excluded disposal site if the site no longer meets the permit condition or any condition prescribed under subsection (1)(a)(iii).

• (8) Where the appropriate permit in force in respect of an excluded disposal site is transferred to a new operator, the site ceases to be an excluded disposal site at the end of the period of one month beginning with the date on which the permit is transferred unless, before the end of that period—

• (a) the new operator notifies the Secretary of State of the transfer, and

• (b) the Secretary of State gives the new operator notice in writing that the Secretary of State consents to the site continuing to be an excluded disposal site.

• (9) The Secretary of State must notify the Scottish Ministers of any notification given under subsection (1)(b) in relation to a site in Scotland.

• (10) In this section—

• “2016 Decision” means the Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste published on 16 January 2017 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development;

• “appropriate permit” has the meaning given in section 7B(9).

7D

• (1) This section applies where disqualifying matter is accepted at an excluded disposal site; and for the purposes of this section the acceptance of such matter is referred to as “the breach”.

• (2) The operator of the site must notify the Secretary of State of the breach before the end of the notification period.

• (3) “The notification period” means the period of 21 days beginning with the day on which the operator becomes aware of the breach.

• (4) The site ceases to be an excluded disposal site at the end of the notification period unless the operator complies with the duty under subsection (2).

• (5) An operator who has complied with the duty under subsection (2) must remove the disqualifying waste from the site before the end of the removal period.

• (6) “The removal period” means—

• (a) the period of 90 days beginning with the day on which the operator notifies the Secretary of State of the breach, or

• (b) such longer period as the Secretary of State may specify before the end of the period mentioned in paragraph (a) if satisfied that the operator is taking all reasonable steps to remove the disqualifying matter from the site.

• (7) The site ceases to be an excluded disposal site at the end of the removal period unless before the end of that period—

• (a) the Secretary of State is satisfied that the disqualifying waste has been removed from the site, and

• (b) the Secretary of State gives the operator notice in writing to that effect.

• (8) In this section, “disqualifying matter” has the meaning given by section 7C.

Northern Ireland.

Channel Islands. Isle of Man, etc.

Measures of reinstatement