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Atomic Weapons Establishment Act 1991

6 versions · 1991-07-25

2017-01-01

Atomic Weapons Establishment Act 1991

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2014-04-01

Atomic Weapons Establishment Act 1991

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2010-04-06

Atomic Weapons Establishment Act 1991

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2009-10-01

Atomic Weapons Establishment Act 1991

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2006-04-06

Atomic Weapons Establishment Act 1991

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Changes on 2006-04-06

@@ -6,9 +6,9 @@

- (1) This Act applies in relation to such activities, carried on at such premises, as may be designated by the Secretary of State by order; and in this Act, in relation to any designated premises—

- “the qualified employees” means the persons who are employed in the civil service of the Crown in or in connection with the undertaking on such day as the Secretary of State appoints by order;

- “the undertaking” means the carrying on by the Secretary of State of designated activities at those premises.

- “*the qualified employees*” means the persons who are employed in the civil service of the Crown in or in connection with the undertaking on such day as the Secretary of State appoints by order;

- “*the undertaking*” means the carrying on by the Secretary of State of designated activities at those premises.

- (2) The activities that may be designated under subsection (1) above are any activities connected with the development, production or maintenance of nuclear devices or with research into such devices or their effects; and the premises that may be so designated are those which, when this Act comes into force, form part of the undertaking carried on by the Secretary of State and known as the Atomic Weapons Establishment.

@@ -28,11 +28,11 @@

- (4) In this Act—

- “company” means a company formed under the Companies Act 1985 or the corresponding provisions of any earlier enactment and “formed”, with reference to the purposes of a company, includes the alteration of its objects;

- “contractor” means a company which carries on designated activities at designated premises under contract with the Secretary of State or, by making the services of employees or property available, enables such activities to be carried on at such premises, whether by a company or by the Secretary of State;

- “designated”, with reference to any activities or premises, means designated by an order under subsection (1) above.

- “*company*” means a company formed under the Companies Act 1985 or the corresponding provisions of any earlier enactment and “*formed*”, with reference to the purposes of a company, includes the alteration of its objects;

- “*contractor*” means a company which carries on designated activities at designated premises under contract with the Secretary of State or, by making the services of employees or property available, enables such activities to be carried on at such premises, whether by a company or by the Secretary of State;

- “*designated*”, with reference to any activities or premises, means designated by an order under subsection (1) above.

- (5) The power to make an order under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

@@ -40,9 +40,9 @@

##### 2

- (1) The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to the transfer of the undertaking or any part of it whether or not, apart from this provision, the undertaking would be treated as an undertaking in the nature of a commercial venture for the purposes of those Regulations.

- (2) For the purposes of those Regulations, the services of the qualified employees together with the rights in or over the premises and property used for the purposes of the undertaking shall be treated as a part of that undertaking capable of being transferred as a business whether or not the company which is to become their employer also carries on designated activities.

- (1) The Transfer of Undertakings (Protection of Employment) Regulations 2006 shall apply to the transfer of the undertaking or any part of it whether or not, apart from this provision, the undertaking would be treated as an undertaking to whose transfer those Regulations apply.

- (2) For the purposes of those Regulations, the services of the qualified employees together with the rights in or over the premises and property used for the purposes of the undertaking shall be treated as a part of that undertaking to whose transfer those Regulations apply whether or not the company which is to become their employer also carries on designated activities.

- (3) Where in pursuance of the arrangements referred to in section 1(3) above a company is to become the employer of any person, none of the agreed redundancy procedures applicable to persons employed in the civil service of the Crown shall apply to him.

@@ -106,7 +106,7 @@

##### 1

In this Schedule “designated premises” means any designated premises as respects which such arrangements as are referred to in section 1(3) of this Act have been made, whatever may be the respective rights of the Secretary of State and any contractor in or over any part of the premises.

In this Schedule “*designated premises*” means any designated premises as respects which such arrangements as are referred to in section 1(3) of this Act have been made, whatever may be the respective rights of the Secretary of State and any contractor in or over any part of the premises.

### Military Lands Act 1892 (c. 43)

@@ -124,106 +124,96 @@

##### 4

- (1) Subsection (1) of section 22 of the Clean Air Act 1956 (Crown premises) shall have effect, in relation to emissions from designated premises, as if—

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

### Radioactive Substances Act 1960 (c. 34)

##### 5

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

### Nuclear Installations Act 1965 (c. 57)

##### 6

- (1) Any conditions which, by virtue of section 4 of the Nuclear Installations Act 1965, are attached to a nuclear site licence granted in respect of a site in designated premises used by a contractor, shall not apply to the extent that such conditions affect the design of a nuclear device or any other device (other than a nuclear reactor) intended to simulate the properties of a nuclear device.

- (2) If a nuclear site licence has been granted in respect of any site in designated premises used by a contractor, the provisions of that Act shall have effect as if any reference to the period of the licensee’s responsibility were a reference to any period during which the contractor occupies that site.

- (3) Section 6 of that Act (maintenance of list of licensed sites) shall not apply in relation to any site in designated premises used by a contractor in respect of which a nuclear site licence has been granted.

### Health and Safety at Work etc. Act 1974 (c. 37)

##### 7

- (1) The power of the Secretary of State under section 48(4) of the Health and Safety at Work etc. Act 1974 (Crown exemptions) shall include power to provide for exemptions, in relation to designated premises or activities carried on by a contractor at such premises, from all or any of the relevant statutory provisions within the meaning of Part I of that Act.

- (2) For the purposes of the Health and Safety (Enforcing Authority) Regulations 1989, designated premises and the activities carried on by a contractor at such premises shall be treated as premises occupied, and as activities carried on by, the Crown.

### Control of Pollution Act 1974 (c. 40)

##### 8

- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2) For the purposes of section 105(3) of that Act (treatment of Crown land under the Act), any interest of a contractor in designated premises shall be treated as a Crown interest in those premises.

### Local Government Finance Act 1988 (c. 41)

##### 9

For the purposes of Part III of the Local Government Finance Act 1988 (under which non-domestic rates are levied except on land occupied by or on behalf of the Crown for public purposes), land in designated premises shall be treated as occupied on behalf of the Crown for public purposes.

### Planning (Hazardous Substances) Act 1990 (c. 10)

##### 10

For the purposes of section 31 of the Planning (Hazardous Substances) Act 1990 (exercise of powers in relation to Crown land), any interest of a contractor in designated premises shall be treated as a Crown interest in those premises.

### Supplemental

##### 11

All instruments, authorities, powers and privileges subsisting at the commencement of this Act under the enactments mentioned in the foregoing provisions of this Schedule shall (until revoked) continue in force in accordance with those provisions.

#### Arrangements for the carrying on of certain activities.

### Military Lands Act 1892 (c.43)

### Landlord and Tenant Act 1954 (c.56)

### Clean Air Act 1956 (c.52)

### Radioactive Substances Act 1960 (c.34)

### Nuclear Installations Act 1965 (c.57)

### Health and Safety at Work etc. Act 1974 (c.37)

### Control of Pollution Act 1974 (c.40)

### Local Government Finance Act 1988 (c.41)

### Planning (Hazardous Substances) Act 1990 (c.10)

### Radioactive Substances Act 1993

##### 10A

- (1) For the purposes of the Radioactive Substances Act 1993, so far as relating to authorisations required under section 13(1) of that Act for the disposal of radioactive waste, a relevant site in designated premises shall be treated as a site in respect of which a nuclear site licence is for the time being in force.

- (2) For the purposes of sub-paragraph (1) above, “*relevant site*” means a site used by a contractor for the purposes of any activity which would, if section 1 of the Nuclear Installations Act 1965 applied to the site, require a nuclear site licence.

### Clean Air Act 1993

##### 10B

- (1) Subsection (1) of section 46 of the Clean Air Act 1992 (Crown premises) shall have effect, in relation to emissions from designated premises, as if—

- (a) references to premises under the control of a government department which are occupied for the public service of the Crown included a reference to designated premises; and

- (b) references to the responsible Minister were references to the Secretary of State.

- (2) For all other purposes of that Act any such premises shall be treated as Crown premises occupied by a government department.

### Radioactive Substances Act 1960 (c. 34)

##### 5

- (1) For the purposes of the Radioactive Substances Act 1960, so far as relating to authorisations required under section 6(1) of that Act for the disposal of radioactive waste, a relevant site in designated premises shall be treated as a site in respect of which a nuclear site licence is for the time being in force.

- (2) For the purposes of sub-paragraph (1) above, “relevant site” means a site used by a contractor for the purposes of any activity which would, if section 1 of the Nuclear Installations Act 1965 applied in relation to the site, require a nuclear site licence.

### Nuclear Installations Act 1965 (c. 57)

##### 6

- (1) For the purposes of sections 1 and 2 of the Nuclear Installations Act 1965 (restriction of certain installations to licensed sites and prohibition of certain operations), any site in designated premises used by a contractor shall be treated as a site used by a government department.

- (2) If a contractor uses any site in designated premises for a purpose which, if section 1 of that Act applied to the contractor in relation to that site, would require the authority of a nuclear site licence, the provisions of that Act other than sections 1 to 6 and 22 shall have effect as if—

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

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

### Health and Safety at Work etc. Act 1974 (c. 37)

##### 7

### Control of Pollution Act 1974 (c. 40)

##### 8

- (1) For the purposes of section 80 of the Control of Pollution Act 1974 (notices requiring information about air pollution), designated premises, and persons at such premises, shall be treated as premises used for, or persons in, the public service of the Crown.

### Local Government Finance Act 1988 (c. 41)

##### 9

### Planning (Hazardous Substances) Act 1990 (c. 10)

##### 10

### Supplemental

##### 11

#### Arrangements for the carrying on of certain activities.

### Military Lands Act 1892 (c.43)

### Landlord and Tenant Act 1954 (c.56)

### Clean Air Act 1956 (c.52)

### Radioactive Substances Act 1960 (c.34)

### Nuclear Installations Act 1965 (c.57)

### Health and Safety at Work etc. Act 1974 (c.37)

### Control of Pollution Act 1974 (c.40)

### Local Government Finance Act 1988 (c.41)

### Planning (Hazardous Substances) Act 1990 (c.10)

### Radioactive Substances Act 1993

##### 10A

### Clean Air Act 1993

##### 10B

- (1) Subsection (1) of section 46 of the Clean Air Act 1992 (Crown premises) shall have effect, in relation to emissions from designated premises, as if—

- (a) references to premises under the control of a government department which are occupied for the public service of the Crown included a reference to designated premises; and

- (b) references to the responsible Minister were references to the Secretary of State.

- (2) For the purposes of section 36 of that Act (notices requiring information about air pollution), designated premises, and persons at such premises, shall be treated as premises used for, or persons in, the public service of the Crown.

- (3) For all other purposes of that Act any such premises shall be treated as Crown premises occupied by a government department.

@@ -263,27 +253,3 @@

[^key-9da8fa3aef9b816792b3e8e7e991b9cc]: Words in [s. 2(1)](https://www.legislation.gov.uk/ukpga/1991/46/section/2/1) substituted (6.4.2006 with application in accordance with reg. 21(1)) by [The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246)](https://www.legislation.gov.uk/uksi/2006/246), [reg. 1(2)](https://www.legislation.gov.uk/uksi/2006/246/regulation/1/2), [Sch. 2 para. 6(2)(b)](https://www.legislation.gov.uk/uksi/2006/246/schedule/2/paragraph/6/2/b)

[^key-36071f8750fdf841823e44f6e4b20911]: Words in [s. 2(2)](https://www.legislation.gov.uk/ukpga/1991/46/section/2/2) substituted (6.4.2006 with application in accordance with reg. 21(1)) by [The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246)](https://www.legislation.gov.uk/uksi/2006/246), [reg. 1(2)](https://www.legislation.gov.uk/uksi/2006/246/regulation/1/2), [Sch. 2 para. 6(3)](https://www.legislation.gov.uk/uksi/2006/246/schedule/2/paragraph/6/3)

#### Environmental Permitting (England and Wales) Regulations 2010

##### 10C

- (1) For the purposes of the Environmental Permitting (England and Wales) Regulations2010, so far as relating to an environmental permit for the disposal of radioactive waste, a relevant site in designated premises shall be treated as a site in respect of which a nuclear site licence is for the time being in force.

- (2) For the purposes of sub-paragraph (1), “relevant site” means a site used by a contractor for the purposes of any activity which would, if section 1 of the Nuclear Installations Act 1965 applied to the site, require a nuclear site licence.

#### Energy Act 2013 (c.32)

##### 10D

- (1) The power of the Secretary of State under section 111(6) of the Energy Act 2013 (Crown exemptions) shall include power to provide for exemptions, in relation to designated premises or activities carried on by a contractor at such premises, from all or any of the relevant provisions.

- (2) In this paragraph “relevant provisions” means the relevant statutory provisions within the meaning of Part 3 of the Energy Act 2013 other than—

- (a) a provision of the Nuclear Safeguards Act 2000; and

- (b) any provision of nuclear regulations identified in accordance with section 74(9) of the Energy Act 2013 as being made for the nuclear safeguards purposes.

### Environmental Permitting (England and Wales) Regulations 2016

### Energy Act 2013 (c.32)

1991-07-25

Atomic Weapons Establishment Act 1991

original version Text at this date