The Nuclear Installations (Liability for Damage) Order 2016

(1) The liability of a person to pay compensation under this Act by virtue of a duty imposed on that person by section 7, 7B, 8 or 9 does not require that person to make in respect of any one occurrence or event constituting a breach of that duty payments by way of compensation exceeding in the aggregate, apart from payments in respect of interest or costs— (a) the equivalent in sterling of 70 million euros, where the person is the licensee of a licensed site that is prescribed for the purposes of this paragraph and the breach of duty is a breach of duty by that person as licensee of that licensed site that consists of— (i) an occurrence or event on the licensed site, or (ii) an occurrence or event elsewhere than on the licensed site involving nuclear matter other than excepted matter, where the nuclear matter in question satisfies the condition in section 7A(8) in relation to the licensee, without also satisfying any of the conditions in section 7A(2) to (7); (b) the equivalent in sterling of 70 million euros, where the person is the operator of a relevant disposal site that is a site prescribed for the purposes of this paragraph and the breach of duty is a breach of duty by that person as the operator of that relevant disposal site that consists of— (i) an occurrence or event on the relevant disposal site, or (ii) an occurrence or event elsewhere than on the relevant disposal site involving nuclear matter other than excepted matter, where the nuclear matter in question satisfies the condition in section 7A(8) (as applied by section 7B) in relation to the operator, without also satisfying any of the conditions in section 7A(2) to (7) (as applied by section 7B); (c) the equivalent in sterling of 160 million euros, where the person is the licensee of a licensed site that is prescribed for the purposes of this paragraph and the breach of duty is a breach of duty by the person as licensee of that licensed site that consists of— (i) an occurrence or event on the licensed site, or (ii) an occurrence or event elsewhere than on the licensed site involving nuclear matter other than excepted matter, where the nuclear matter in question satisfies the condition in section 7A(8) in relation to the licensee, without also satisfying any of the conditions in section 7A(2) to (7); (d) the equivalent in sterling of 80 million euros, in the case of an occurrence or event involving nuclear matter which is not excepted matter and which is either in the course of such carriage as is described in section 7A(2)(a), (3)(a), (4)(a), (5)(a) or (7)(a) or in such case as is described in section 7A(6)(c) or (7)(b), where— (i) the nuclear matter in question meets such conditions as are prescribed for the purposes of this paragraph or such conditions specific to the means of carriage used as are prescribed for the purposes of this paragraph, and (ii) that occurrence or event constitutes a breach of duty by a licensee as licensee of a licensed site; (e) the equivalent in sterling of 80 million euros, in the case of an occurrence or event involving nuclear matter which is not excepted matter and which is either in the course of such carriage as is described in section 7A(2)(a), (3)(a), (4)(a), (5)(a) or (7)(a) (as applied by section 7B) or in such case as is described in section 7A(6)(c) or (7)(b) (as applied by section 7B), where— (i) the nuclear matter in question meets such conditions as are prescribed for the purposes of this paragraph or such conditions specific to the means of carriage used as are prescribed for the purposes of this paragraph, and (ii) that occurrence or event constitutes a breach of duty by the operator of a relevant disposal site in that capacity; (f) subject to section 16B, the equivalent in sterling of 1,200 million euros, in any other case. (1ZA) Notwithstanding subsection (1), if the amount payable by a person in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on that person by section 7, 7B, 8 or 9 reaches, in the aggregate and apart from interest or costs, the equivalent in sterling of 700 million euros, that person is not required to satisfy further claims for compensation except to the extent that they are special relevant claims. (1ZB) Notwithstanding subsection (1), if— (a) the amount payable by a person in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on that person by section 7, 7B, 8 or 9 reaches, in the aggregate and apart from interest or costs, the amount in sterling that is— (i) the limit on liability established by the law of a relevant reciprocating territory made for purposes corresponding to those of subsection (1ZA), or (ii) the equivalent in sterling of an amount denominated in another currency or unit of account that is the limit on liability established by the law of a relevant reciprocating territory made for such purposes, and (b) that amount in sterling is less than the amount that would apply if the applicable limit were the limit in subsection (1ZA), that person is not required to satisfy further claims for compensation to the extent that they are referable to that relevant reciprocating territory.

• (3) In subsection (1A)[^f00015] (power of Secretary of State to alter amounts)—

• (a) for “either or both of the amounts specified in subsection (1) of this section” substitute “any amount specified in subsection (1), (1ZA) or (3B)”, and

• (b) for the words “any occurrence before (or beginning before)” substitute “an occurrence or event happening before (or beginning to happen before)”.

• (4) In subsection (2) (liability of a relevant foreign operator for breach of a duty imposed by section 10)—

• (a) after “occurrence” (in both places) insert “or event”;

• (b) in paragraph (a), after “section 7,” insert “7B,”.

• (5) At the end of the section insert—

(6) Before exercising any function under subsection (1) or (1A) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers. (7) A reference in this section to the equivalent in sterling of an amount denominated in another currency or unit of account is a reference to the amount of sterling that is the equivalent of that amount in that currency or those units on the day (or the first day) of the occurrence or event in question.

Satisfaction of claims by Secretary of State etc

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• (1) Section 16 of the 1965 Act is further amended as follows.

• (2) For subsection (3)[^f00016] (the use of United Kingdom and foreign public funds to satisfy claims for compensation) substitute—

(3) A claim by virtue of a duty imposed on a person by section 7, 7B, 8, 9 or 10— (a) to the extent to which, by virtue of subsection (1) or (2), though duly established, it is not or would not be payable by that person, or (b) which is a claim the full satisfaction of which out of funds otherwise required to be, or to be made, available for the purpose is prevented by section 21(1), may be the subject of proceedings for compensation under this Act brought against the appropriate authority. (3A) Payments of compensation under this Act made by the appropriate authority in such proceedings may not exceed in the aggregate, apart from payments in respect of interest or costs, the amount of the sums made available for the purpose under section 18. (3B) If the amount payable in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on a person by section 7, 7B, 8, 9 or 10 reaches, in the aggregate and apart from interest or costs, the equivalent in sterling of 700 million euros, the appropriate authority is not required to satisfy further claims for compensation except to the extent that they are special relevant claims. (3C) If the amount payable in respect of claims for compensation under this Act in respect of any one occurrence or event constituting a breach of a duty imposed on a person by section 7, 7B, 8, 9 or 10 reaches, in the aggregate and apart from interest or costs, the amount in sterling that is— (a) the limit on liability established by the law of a relevant reciprocating territory made for purposes corresponding to those of subsection (3B), or (b) the equivalent in sterling of an amount denominated in another currency or unit of account that is the limit on liability established by the law of a relevant reciprocating territory made for such purposes, the appropriate authority is not required to satisfy further claims for compensation to the extent that they are referable to that relevant reciprocating territory. (3D) Subsection (3E) has effect in relation to— (a) a claim falling within subsection (3) to the extent that, leaving aside payments in respect of interest or costs, it is not or would not be satisfied out of sums made available for the purpose under section 18 or by means of a relevant foreign contribution; (b) a claim that is not satisfied, or so much of a claim as is not satisfied, because of— (i) subsection (1ZA) or (1ZB), (ii) a relevant foreign law made for purposes corresponding to those of subsection (1ZA) or (1ZB) which is given effect by subsection (2), or (iii) subsection (3B) or (3C). (3E) If the claim is established to the satisfaction of the appropriate authority, it is to be satisfied by the appropriate authority— (a) to such extent as Parliament may determine, and (b) out of funds provided by such means as Parliament may determine. (3F) Provision made by Parliament under subsection (3E) may make different provision for different sorts of claim.

• (3) In subsection (4) (resolution of legal questions relating to compensation beyond the requirements of the Paris Convention and the Brussels Supplementary Convention)—

• (a) for “subsection (3) of this section” substitute “subsection (3E)”;

• (b) for the words from “the appropriate court” to “the claim” substitute “the court that would have had jurisdiction in accordance with section 16C to determine the claim but for this section”.

• (4) Omit subsection (5) (definition of “the relevant period”).

• (5) After subsection (7) (inserted by article 19) insert—

(8) In this section “appropriate authority” means— (a) in the case of a claim by virtue of section 9 where the government department concerned is a part of the Scottish Administration, the Scottish Ministers; (b) in any other case, the Secretary of State.

Section 16 of the 1965 Act: supplementary

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After section 16 of the 1965 Act insert—

(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 18(1A). (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, and a 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.

Section 16: phasing of increases in liability

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After section 16A of the 1965 Act (inserted by article 21) insert—

(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.

Jurisdiction of courts in the United Kingdom

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After section 16B of the 1965 Act (inserted by article 22) insert—

(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.

Jurisdiction of courts in the United Kingdom: jurisdiction excluded

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• (1) Section 17 of the 1965 Act (jurisdiction etc) is amended as follows.

• (2) In subsection (1)[^f00017] (jurisdiction of courts in the United Kingdom, or in a part of the United Kingdom, excluded by a certificate of the Secretary of State or the Scottish Ministers)—

• (a) omit the words “or any part thereof”;

• (b) for “the Minister” substitute “the appropriate authority”;

• (c) omit the words “or, as the case may be, of some other part of the United Kingdom”;

• (d) omit the words “or, as the case may be, that part thereof”.

• (3) Omit subsection (2) (certificate as evidence of the jurisdiction of a court in a particular part of the United Kingdom).

• (4) After subsection (6) insert—

(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.

Shared liability and foreign judgments

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• (1) Section 17 of the 1965 Act is further amended as follows.

• (2) In subsection (3)[^f00018] (two or more persons in breach of a duty imposed under the Act or relevant foreign law: liability of the persons to be joint and several and claims to be satisfied by the persons to a certain extent before recourse to UK public funds is allowed)—

• (a) after “section 7,” insert “7B,”;

• (b) for “the same injury or damage” substitute “the same injury, damage or significant impairment of the environment or the same grave and imminent threat of injury, damage or impairment”;

• (c) for “relating to that injury or damage” substitute “relating to that matter”;

• (d) in paragraph (a), for “that injury or damage” substitute “that matter”;

• (e) in paragraph (b), for the words from “occurrence” to “paragraph” substitute “occurrence or event by virtue of which the person in question is liable for that matter have been satisfied to the extent mentioned in subsection (3A), no sums in excess of those required for the purposes of subsection (3A)(a)”;

• (f) in paragraph (b), in the words following sub-paragraph (ii), for “that injury or damage” substitute “that matter”.

• (3) After subsection (3) insert—

(3A) The claims mentioned in subsection (3)(b) are to be satisfied— (a) in the case of a licensee, the operator of a relevant disposal site, the Authority or the Crown, up to an aggregate amount that is equal to the amount applicable under section 16(1) to the person in question in the circumstances in question; (b) in the case of a relevant foreign operator, up to such aggregate amount as may be provided for by the relevant foreign law made for purposes corresponding to section 19(1). (3B) A person is not required under subsection (3A) to satisfy a claim for compensation to the extent that it is excluded by— (a) section 16(1ZA) or (1ZB), or (b) the relevant foreign law made for purposes corresponding to section 16(1ZA) or (1ZB) (as the case may be).

• (4) In subsection (4)[^f00019] (application of Part 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 to court judgments certified as relevant foreign judgments)—

• (a) for “of any foreign country” substitute “of a relevant territory other than the United Kingdom”;

• (b) for “the Minister” substitute “the appropriate authority”;

• (5) In subsection (5)[^f00020] (defence to recovery of sums due under foreign judgments)—

• (a) after “a country” insert “or territory”;

• (b) in paragraph (a), for “injury or damage” substitute “injury, damage or impairment of the environment or a grave and imminent threat of injury, damage or impairment of the environment”;

• (c) in paragraph (b), after “the country” insert “or territory”.

Notice to Secretary of State of proceedings

26

After section 17 of the 1965 Act insert—

(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.

Right of Secretary of State or foreign government to intervene

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• (1) After section 17A of the 1965 Act (inserted by article 26) insert—

(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.

• (2) After section 17B of the 1965 Act (inserted by paragraph (1)) insert—

(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.

Proceedings conducted by foreign governments

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After section 17C of the 1965 Act (inserted by article 27) insert—

(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.

Powers of Secretary of State in relation to foreign claims

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After section 17D of the 1965 Act (inserted by article 28) insert—

(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.

Making United Kingdom funds available to satisfy claims for compensation

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• (1) Section 18 of the 1965 Act (general cover for compensation by virtue of sections 7 to 10) is amended as follows.

• (2) In subsection (1)[^f00021] (obligation of the United Kingdom to make funds available for satisfying claims within the Paris Convention and Brussels Supplementary Convention and calculation of the sums to be made available)—

• (a) after “occurrence”, in each place, insert “or event”;

• (b) after “section 7,” insert “7B,”;

• (c) for “subject to subsections (2) to (4B) of this section” substitute “subject to subsections (1C) to (4B)”;

• (d) in paragraph (a), after “claims” insert “of that category”;

• (e) for “made within the relevant period” substitute “made within the limitation period applicable to the claim”.

• (3) After subsection (1) insert—

(1ZA) For the purposes of subsection (1), the limitation period applicable to a claim is— (a) subject to paragraphs (b) to (d), the period of 10 years beginning with the relevant date; (b) subject to paragraphs (c) and (d), in the case of a claim in respect of such injury as is described in section 15(3) or (4), the period of 30 years beginning with the relevant date; (c) in the case of a claim that may be entertained in accordance with section 15(6), a period beginning with the relevant date and ending in accordance with section 15(6)(b); (d) in the case of a claim by virtue of such a relevant foreign law as is mentioned in subsection (1) that may be entertained in accordance with provisions of that law made for purposes corresponding to section 15(6), the period applying to that claim by virtue of such provisions of that law. (1ZB) In subsection (1ZA) references to the relevant date are to be construed in accordance with section 15(8).

• (4) In subsection (1A)[^f00022] (the aggregate amount of money to be made available from United Kingdom funds and other sources described in subsection (1))—

• (a) for “300 million special drawing rights” substitute “1,500 million euros”;

• (b) in paragraph (a), after “the occurrence” insert “or event”;

• (c) in paragraph (b), after “the occurrence” insert “or event”.

• (5) In subsection (1B)[^f00023] (power to increase the aggregate amount)—

• (a) for “special drawing rights” substitute “euros”;

• (b) for “an occurrence before (or beginning before)” substitute “an occurrence or event happening before (or beginning to happen before)”.

• (6) After subsection (1B) insert—

(1C) The reference in subsection (1)(a) to the funds required by section 19(1) to be available for the purpose of satisfying claims of a particular category is to be treated, in the case of claims in respect of an occurrence or event to which section 16(1)(f) applies, as a reference to such funds as are required by section 19(1) to be so available at the time when the occurrence or event in question happens or begins to happen.

• (7) After subsection (1C) (inserted by paragraph (6)) insert—

(1D) Subsection (1) does not apply to a claim that need not be satisfied, or to so much of a claim as need not be satisfied, because of— (a) section 16(1ZA) or (1ZB), (b) a relevant foreign law made for purposes corresponding to those of section 16(1ZA) or (1ZB) which is given effect by section 16(2), or (c) section 16(3B) or (3C). (1E) Subsection (1) does not apply to a claim that need not be satisfied, or to so much of a claim as need not be satisfied, because of any relevant foreign law made for purposes corresponding to those of the provisions mentioned in subsection (1D).

• (8) After subsection (5) insert—

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

• (9) Omit subsection (6) (definition of “the relevant period”).

Making United Kingdom funds available: limits and exceptions

31

• (1) Section 18 of the 1965 Act is further amended as follows.

• (2) In subsection (2) (no contribution from United Kingdom funds for claims that are available under a relevant foreign law but are not claims within the Paris Convention), for the words from “in respect” to the end substitute—

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) In subsection (4)[^f00024] (no contribution from United Kingdom funds for claims based on a relevant foreign law but not made within a limitation period imposed by that law), for “the relevant period” substitute “the limitation period mentioned in paragraph (a) or (as the case may be) paragraph (b) of subsection (1ZA)”.

• (4) After subsection (4) insert—

(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.

• (5) Omit subsection (4A)[^f00025] (provision for countries that are party to the Brussels Supplementary Convention with transitional lower compensation level).

• (6) In subsection (4B)[^f00026] (limited contribution from United Kingdom funds where claims fall to be adjudicated in a country or territory that is bound only by the Paris Convention)—

• (a) for “make the provision mentioned in subsection (4A)(a) of this section” substitute “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”;

• (b) after “any occurrence” insert “or event”;

• (c) in paragraphs (a) and (b), after “a licensee,” (in both places) insert “an operator of a relevant disposal site,”;

• (d) in paragraph (b), for the words from “were substituted” to the end substitute “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.”

Obligation of licensee or operator to arrange cover for compensation

32

• (1) Section 19 of the 1965 Act (special cover for licensee’s liability) is amended as follows.

• (2) In subsection (1)[^f00027] (provision by licensee for meeting claims in cover periods)—

• (a) for “subsection” substitute “subsections (2E) and”;

• (b) for “the Minister” substitute “the appropriate authority”;

• (c) after “the required amount” insert “appropriate to the category or categories into which any such claims would fall”;

• (d) in paragraph (b), for “ten years” substitute “30 years”;

• (e) in paragraph (c), for the words from “a claim made” to the end substitute “a claim made within the limitation period applicable to the claim (as defined for the purposes of section 18(1));”;

• (f) in the words following paragraph (c), for “the relevant period aforesaid” substitute “that limitation period”.

• (3) For subsection (1A)[^f00028] (meaning of “the required amount”, in relation to the provision to be made by a licensee for a cover period), substitute—

(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.

• (4) In subsection (2)[^f00029] (definition of “cover period” as period of licensee’s responsibility), for “section 7(2)(b) or (c) of this Act” substitute “section 7(1B)(b)”.

• (5) For subsection (2A)[^f00030] (effect of change in amounts under section 16 etc) substitute—

(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.

• (6) After subsection (2B)[^f00031] insert—

(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.

• (7) After subsection (2D) (inserted by paragraph (6)) insert—

(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.

• (8) In subsection (3)[^f00032] (provision not relying on insurance may be made for sites collectively), for “the Minister” substitute “the appropriate authority”.

• (9) In subsection (4)[^f00033] (discretion to direct that a new cover period begin)—

• (a) after “occurrence” insert “or event”;

• (b) after “occurrences” insert “or events”;

• (c) for “the Minister” substitute “the appropriate authority”;

• (d) for “he” substitute “the appropriate authority”.

• (10) After subsection (5)[^f00034] insert—

(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.

• (11) After subsection (6) (inserted by paragraph (10)) insert—

(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.

• (12) In the heading of the section—

• (a) for “Special cover” substitute “Cover”;

• (b) after “licensee’s” insert “or operator’s”.

• (13) In section 25 (general provision as to offences), in subsection (1) (liability of directors of company etc)—

• (a) after “nuclear site licence” insert “or an operator of a relevant disposal site”;

• (b) after “were the licensee” insert “or the operator”.

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

33

• (1) Section 20 of the 1965 Act (furnishing of information relating to licensee’s cover) is amended as follows.

• (2) In subsection (1)[^f00035] (notice to be given by licensee when the value of claims made reach three-fifths of maximum liability)—

• (a) for “the Minister” (in the first place) substitute “the appropriate authority”;

• (b) for the words from “upon its appearing” to “and where” substitute—

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

• (c) for “the Minister” (in the second and third places) substitute “the appropriate authority”.

• (3) In subsection (2) (requirement to send the Minister statement of claims in a cover period), for “the Minister” substitute “the appropriate authority”.

• (4) In subsection (3) (copy of statement to be laid before Parliament)—

• (a) for “The Minister” substitute “The appropriate authority”;

• (b) for “him” (in both places) substitute “the appropriate authority”;

• (c) for “he” substitute “the appropriate authority”.

• (5) In subsection (4) (notice to the Minister before ceasing to keep funds available), for “the Minister” substitute “the appropriate authority”.

• (6) After subsection (4) insert—

(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).

• (7) After subsection (5) (inserted by paragraph (6)) insert—

(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.

• (8) In the heading of the section, after “licensee’s” insert “or operator’s”.

Power to make arrangements with respect to licensee’s or operator’s cover

34

• (1) After section 20 of the 1965 Act[^f00036] insert—

(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.

• (2) After section 20A of the 1965 Act (inserted by paragraph (1)) insert—

(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.

• (3) If this article comes into force before the main commencement day, the reference in section 20A(1) of the 1965 Act to the provision required by section 19(1) of the 1965 Act is to be treated from the time when this article comes into force as a reference to the provision that would be required by section 19(1) on and after the main commencement day.

Cover for compensation in respect of damage to means of carriage

35

• (1) Section 21 of the 1965 Act (supplementary provisions with respect to cover for compensation in respect of carriage) is amended as follows.

• (2) In subsection (1)[^f00037] (claims in respect of damage to the means of carriage to be satisfied after other claims)—

• (a) after “an occurrence” insert “or event”;

• (b) in paragraph (a), after “section 7,” insert “7B,”;

• (c) in paragraph (b), after “a licensee,” insert “an operator of a relevant disposal site,”;

• (d) in the words after paragraph (b), after “of that occurrence” insert “or event”;

• (e) for “5 million special drawing rights” substitute “80 million euros”;

• (f) for the words from “of all claims” to the end substitute—

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.

• (3) In subsection (1A)[^f00038] (increase in amount in subsection (1))—

• (a) for “special drawing rights” substitute “euros”;

• (b) for “any occurrence before (or beginning before)” substitute “any occurrence or event happening before (or beginning to happen before)”.

• (4) In subsection (2) (relevant foreign operator may be sued regardless of section 12)—

• (a) after “occurrence” insert “or event”;

• (b) for “section 12(1)(b) of this Act” substitute “section 12(1E)”.

• (5) In subsection (3)[^f00039] (requirement for a licensee to give to the person transporting the licensee’s nuclear matter a document containing certain details issued by or on behalf of the insurer or other person who is providing the cover for claims that might be made by virtue of section 7 etc or relevant foreign law etc)—

• (a) for the words from “carried by” to “the operator” substitute “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”;

• (b) after “section 7,” insert “7B,”.

• (6) In subsection (4)[^f00040] (identification of the insurer or other person who is providing cover for claims)—

• (a) in paragraph (a), after “a licensee” insert “or an operator of a relevant disposal site”;

• (b) in paragraph (b), for “the Minister of Technology” substitute “the Secretary of State”.

• (7) After subsection (4A) insert—

(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.

• (8) In subsection (5)[^f00041] (disapplication of provisions of the Road Traffic Act 1988), after “section 7,” insert “7B,”.

Registration in connection with certain occurrences and events

36

• (1) Section 23 of the 1965 Act[^f00042] (registration in connection with certain occurrences) is amended as follows.

• (2) In subsection (1)[^f00043], after “occurrence” (in both places) insert “or event”.

• (3) In subsection (2)—

• (a) after “occurrence” (in both places) insert “or event”;

• (b) in paragraph (a), for “the Minister of Technology” substitute “the Secretary of State”;

• (c) for paragraph (c) substitute—

(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.

• (4) In the heading, at the end insert “and events”.

Amounts in euros

37

For section 25B of the 1965 Act[^f00044] (special drawing rights) substitute—

(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.

Interpretation of the 1965 Act

38

• (1) Section 26 of the 1965 Act (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “occurrence”[^f00045]—

• (i) for “16(1) and (1A),” substitute “11G(2)(c), 16(1), (1ZA), (1ZB), (1A), (3B) and (3C), 16B and 16C”;

• (ii) after “of this Act” insert “and subsection (2B) of this section”;

• (iii) omit the “and” following paragraph (a);

• (iv) after paragraph (b) insert—

and (c) in 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;

• (b) in the definition of “relevant carriage”—

• (i) after paragraph (a) (and the “or” following it) insert—

(aa) an operator of a relevant disposal site; or

• (ii) in paragraph (e), after “be used” insert “or was used or was intended to be used”;

• (c) in the definition of “relevant site”—

• (i) after paragraph (a) insert—

(aa) 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);

• (ii) in paragraph (c), for “section 9” substitute “section 9(1) or (2)”;

• (d) in the definition of “relevant territory”, for the words from “means” to the end substitute—

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

• (e) in the definition of “territorial limits”, for “waters” substitute “sea”.

• (3) In subsection (1), at the appropriate place insert—

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

• “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;

• “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;

• “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);

• “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;

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

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

• “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, or in 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;

• “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;

• “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.

• (4) After subsection (1) insert—

(1A) A reference in this Act to a relevant reciprocating territory is a reference to— (a) a country that is not a party to a relevant international agreement but whose law— (i) with a view to reciprocating benefits conferred as regards it by parties to that relevant international agreement, confers benefits as regards the parties to that relevant international agreement on a basis corresponding to the basis required of a party to that agreement, disregarding for these purposes that agreement’s limits on the amount of liability, and (ii) in that respect is based on principles identical to those of that relevant international agreement, 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.

• (5) After subsection (1D) (inserted by paragraph (4)) insert—

(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).

• (6) After subsection (2) insert—

(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.

• (7) After subsection (2A) (inserted by paragraph (6)) insert—

(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.

• (8) In subsection (3)—

• (a) in the opening words, after “as to whether” insert “at any given time”;

• (b) omit the “or” after paragraph (a);

• (c) omit the “or” after paragraph (b);

• (d) for paragraph (c) substitute—

(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,

Further amendments

39

Schedule 2 contains further amendments.

Transitional provision

40

• (1) The amendments made by this Order do not have effect in relation to—