The Nuclear Installations (Liability for Damage) Order 2016

(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

28

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

29

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

30

• (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—

• (a) an occurrence falling within section 7(1A) of the 1965 Act (including section 7(1A) as applied by section 7B, 8 or 9 of the 1965 Act) or section 10(1) or 11 of the 1965 Act that happens before (or begins to happen before) the main commencement day;

• (b) an occurrence falling within section 7(1C) of the 1965 Act (including section 7(1C) as applied by section 7B, 8 or 9 of the 1965 Act) that happens before (or begins to happen before) the main commencement day;

• (c) an event falling within section 7(1E) of the 1965 Act (including section 7(1E) as applied by section 7B, 8 or 9 of the 1965 Act) or section 10(1A) of the 1965 Act that happens before (or begins to happen before) the main commencement day.

• (2) In paragraph (1)—

• (a) a reference to a provision of the 1965 Act is a reference to that provision as amended by this Order,

• (b) a reference to an occurrence is to be construed in accordance with section 26 of the 1965 Act as amended by this Order, and

• (c) “event” has the meaning given by section 26(1) of the 1965 Act as amended by this Order.

• (3) If nuclear matter or waste is in a place other than a relevant site for a pre-commencement reason, no effect resulting from the radioactive properties of that matter, whether on their own or in combination with other hazardous properties of that matter, that happens on or after the main commencement day may be the basis of a claim under the 1965 Act as it has effect after this Order comes fully into force.

• (4) Nuclear matter or waste is in a particular place for a pre-commencement reason if it is there—

• (a) as a consequence of an occurrence falling within section 7(1A) of the 1965 Act (including section 7(1A) as applied by section 8 or 9) or section 10(2) of the 1965 Act (as that Act has effect before the main commencement day) that happened before (or began to happen before) the main commencement day,

• (b) as a consequence of a discharge of waste on or from a relevant site (within the meaning of the 1965 Act as it had effect before the main commencement day) in the United Kingdom that happened before (or began to happen before) the main commencement day,

• (c) because it was carried to that place before the main commencement day, or

• (d) because, having been carried to a place other than a relevant site (within the meaning of the 1965 Act as it had effect before the main commencement day) before the main commencement day, it has afterwards moved to the place in question.

• (5) The amendments made by this Order to section 16(1) of the 1965 Act do not affect liability in respect of any occurrence (within the meaning of the 1965 Act as it had effect before the main commencement day) happening before (or beginning to happen before) the main commencement day.

• (6) At the beginning of the main commencement day, the current cover period relating to a licensee of a licensed site is to end, and a new cover period is to begin.

• (7) The following powers under section 19(1) of the 1965 Act may be exercised before the main commencement day as regards the provision that would be required under section 19(1) on the main commencement day—

• (a) the power under section 19(1) to approve the provision made by the licensee of a licensed site or the operator of a relevant disposal site, and

• (b) the power under section 19(1) to consent to that approval.

• (8) Approval so given (and not withdrawn) is to be treated as having effect from the beginning of the main commencement day.

• (9) In this article—

• “cover period”— in relation to times before the main commencement day, has the meaning given by section 19(2) of the 1965 Act (as that subsection then has effect), and in relation to times on and after the main commencement day, has the meaning given by section 19(2) as amended by article 32;

• “licensed site”, “licensee” and “nuclear matter” have the same meaning as in the 1965 Act;

• “relevant disposal site” has the same meaning as in the 1965 Act, as it has effect after this Order comes fully into force;

• “relevant site” has the same meaning as in the 1965 Act, as it has effect after this Order comes fully into force (except in paragraph (4)(b) and (d)).

SCHEDULE 1 — Measures of reinstatement outside the United Kingdom

The following is the Schedule to be inserted as Schedule 1A to the 1965 Act—

SCHEDULE1A (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”).

SCHEDULE 2 — Further amendments

PART 1 — Primary legislation

Nuclear Installations Act 1969

1

The Nuclear Installations Act 1969[^f00046] is repealed.

Congenital Disabilities (Civil Liability) Act 1976

2

• (1) Section 3 of the Congenital Disabilities (Civil Liability) Act 1976[^f00047] (disabled birth due to radiation) is amended as follows.

• (2) In subsection (1), for the words from “respect of” to the end substitute—

respect of— (a) injury, damage or significant impairment of the environment caused by occurrences involving nuclear matter or the emission of ionising radiations, or (b) injury or damage caused by preventive measures taken after a breach of duty under section 7, 7B, 8, 9 or 10 of that Act.

• (3) In subsection (3)—

• (a) after “parents” insert “that is”;

• (b) after “etc)” insert “or that is an injury falling within subsection (3A)”.

• (4) After subsection (3) insert—

(3A) An injury falls within this subsection if— (a) it is caused by ionising radiations, and (b) exposure to those ionising radiations is the result of preventive measures havingbeen taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of that Act.

• (5) In subsection (4)—

• (a) for “13(6)” substitute “13(7)”;

• (b) for the words from “reference” to “fault of” substitute “references in section 13(7) to a person’s act or omission were references to the act or omission of”.

Deregulation and Contracting Out Act 1994

3

In section 37 of the Deregulation and Contracting Out Act 1994[^f00048] (power to repeal certain health and safety provisions etc), in subsection (10)—

• (a) in paragraph (a), for “6” substitute “5”;

• (b) after paragraph (a) (and before the “and”) insert—

(aa) section 6 of that Act, so far as it relates to sites in respect of which nuclear site licences (within the meaning of that Act) have been granted,

Energy Act 2013

4

In section 82(2) of the Energy Act 2013[^f00049] (meaning of “relevant statutory provisions”), in paragraph (b), for “sections 3 to 6;” substitute—

• sections 3 to 5;
• section 6, so far as it relates to sites in respect of which nuclear site licences have been granted;

PART 2 — Secondary legislation

The Safety Representatives and Safety Committees Regulations 1977

5

In regulation 2 of the Safety Representatives and Safety Committees Regulations 1977[^f00050] (interpretation), in paragraph (1), in the definition of “relevant nuclear provisions”, in paragraph (a), for “3 to 6” substitute “3 to 5, 6 (so far as it relates to sites in respect of which nuclear site licences have been granted)”.

The Nuclear Installations (Increase of Operators’ Limits of Liability) Order 1994

6

The Nuclear Installations (Increase of Operators’ Limits of Liability) Order 1994[^f00051] is revoked.

The Employers’ Liability (Compulsory Insurance) Regulations 1998

7

• (1) The Employers’ Liability (Compulsory Insurance) Regulations 1998[^f00052] are amended as follows.

• (2) In regulation 9(2) (employers exempted to an extent from the requirement to insure and maintain insurance), after “13” insert “, 13A”.

• (3) In Schedule 2 (employers exempted from insurance requirement), after paragraph 13 insert—

(13A) Any operator of a relevant disposal site within the meaning of the Nuclear Installations Act 1965, in respect of any liability to pay compensation under that Act to any of the operator’s employees in respect of a breach of duty imposed on the operator by virtue of section 7B of that Act.

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999

8

• (1) The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999[^f00053] is amended as follows.

• (2) In Schedule 1 (enactments conferring functions transferred to the Scottish Ministers), in the entry for the 1965 Act—

• (a) in column 1, omit paragraphs (b), (c), (d) and (e);

• (b) in column 2, omit the entries relating to paragraphs (c) and (e).

• (3) In Schedule 3 (enactments conferring functions to be exercised subject to agreement or consultation), in the entry for the 1965 Act, in column 1, omit the words from “sections” to “21(1A) and (3) and”.

The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006

9

• (1) The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006[^f00054] are amended as follows.

• (2) In regulation 5(2) (modification of section 78A of the Environmental Protection Act 1990), in the inserted section 78A(2A) (definition of “land contaminated by a nuclear occurrence”)—

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

• (b) in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;

• (c) in paragraph (b), for “10(1)” substitute “10(1)(b)”;

• (d) after paragraph (b) (and before the “or”) insert—

(ba) damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;

• (e) in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.

• (3) In regulation 17 (modification of section 78YB of the Environmental Protection Act 1990), in paragraph (3) (insertion of section 78YB(4A) to (4C))—

• (a) after inserted subsection (4A) insert—

(4AA) Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a relevant disposal site.

• (b) after inserted subsection (4B) insert—

(4BA) Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a site used by the Secretary of State for Defence for a purpose which, if section 7B of the 1965 Act applied to the Crown, would cause the site to be a relevant disposal site.

• (4) In regulation 17(4), in the substituted section 78YB(5) (definitions), at the appropriate place insert—

• “relevant disposal site” has the meaning given by section 7B of the 1965 Act.

The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006

10

• (1) The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006[^f00055] are amended as follows.

• (2) In regulation 5(2) (modification of section 78A of the Environmental Protection Act 1990), in the inserted section 78A(2A) (definition of “land contaminated by a nuclear occurrence”)—

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

• (b) in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;

• (c) in paragraph (b), for “10(1)” substitute “10(1)(b)”;

• (d) after paragraph (b) (and before the “or”) insert—

(ba) damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;

• (e) in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.

• (3) In regulation 17 (modification of section 78YB of the Environmental Protection Act 1990), in paragraph (3) (insertion of section 78YB(4A) to (4C))—

• (a) after inserted subsection (4A) insert—

(4AA) Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a relevant disposal site.

• (b) after inserted subsection (4B) insert—

(4BA) Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a site used by the Secretary of State for Defence for a purpose which, if section 7B of the 1965 Act applied to the Crown, would cause the site to be a relevant disposal site.

• (4) In regulation 17(4), in the substituted section 78YB(5) (definitions), at the appropriate place insert—

• “relevant disposal site” has the meaning given by section 7B of the 1965 Act.

The Radioactive Contaminated Land (Scotland) Regulations 2007

11

• (1) The Radioactive Contaminated Land (Scotland) Regulations 2007[^f00056] are amended as follows.

• (2) In regulation 1(3) (interpretation), in the definition of “land contaminated by a nuclear occurrence”—

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

• (b) in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;

• (c) in paragraph (b), for “10(1)” substitute “10(1)(b)”;

• (d) after paragraph (b) (and before the “or”) insert—

(ba) damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;

• (e) in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.

• (3) In regulation 3(a) (insertion of section 78A(2ZA) to (2A) of the Environmental Protection Act 1990), in the inserted section 78A(2A) (definition of “land contaminated by a nuclear occurrence”)—

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

• (b) in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;

• (c) in paragraph (b), for “10(1)” substitute “10(1)(b)”;

• (d) after paragraph (b) (and before the “or”) insert—

(ba) damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;

• (e) in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.

• (4) In regulation 15 (modification of section 78YB of the Environmental Protection Act 1990)—

• (a) after the inserted section 78YB(5) insert—

(5A) This Part does not apply in respect of contaminated land within a relevant disposal site.

• (b) after the inserted section 78YB(6) insert—

(6A) This Part does not apply in respect of contaminated land within a site used by the Secretary of State for Defence for a purpose which, if section 7B of the 1965 Act applied to the Crown, would cause the site to be a relevant disposal site.

• (c) in the inserted section 78YB(8), for the definition of “nuclear site licence” and “period of responsibility” substitute—

• “nuclear site licence”, “period of responsibility” and “relevant disposal site” have the meanings given by the 1965 Act.

Signed

Andrea Leadsom — Minister of State — Department of Energy and Climate Change — 4th May 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Nuclear Installations Act 1965 (c. 57) (“the 1965 Act”). It implements—

• (a) the Protocol of 12th February 2004 which amends the Convention on Third Party Liability in the Field of Nuclear Energy of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982 (the “Paris Convention”)[^f00057]; and

• (b) the Protocol of 12th February 2004 which amends the Convention of 31st January 1963 Supplementary to the Paris Convention, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982 (the “Brussels Supplementary Convention”)[^f00058].

The 1965 Act implements the Paris Convention and the Brussels Supplementary Convention which together establish an international regime governing liability for the payment of compensation following a nuclear incident. Not all parties to the Paris Convention are parties to the Brussels Supplementary Convention, which requires additional public funds to be made available to meet claims.

The 1965 Act imposes a strict liability regime on operators of nuclear licensed sites for injury or damage caused by a nuclear occurrence, and it requires operators to have in place insurance or other cover.

The substantive provisions in the Order do not come into force until ratification of the Protocols, which is not expected to be before January 2017.

Principal changes made by the Order to the 1965 Act The type of damage for which compensation can be claimed under the 1965 Act is extended beyond personal injury and property damage so that, in addition, compensation is payable in respect of the cost of measures of reinstatement related to the impaired environment, loss of income derived from the environment, the cost of preventive measures (including measures taken in response to a threatened occurrence, an “event”) and personal injury and property damage caused by such measures (articles 3 and 7 to 10 and Schedule 1). Consequential amendments are made to the provisions in the 1965 Act concerning the right to compensation to reflect these additional types of claim (article 11). The provisions on liability relating to carriage of nuclear matter are amended so that liability is transferred from one operator to another, only where the receiving operator has a direct economic interest in the nuclear matter being carried (article 3). The liability regime under the 1965 Act is extended to operators of installations for the disposal of nuclear matter (a “relevant disposal site”) (article 4), and to the Crown acting as an operator of a relevant disposal site (article 6). The liability regime is extended so that claims can be made, up to the Paris Convention limit of €700 million, in respect of damage suffered in the territory or maritime zones of non-Paris Convention countries which have no nuclear installations or have an equivalent and reciprocal liability regime (together, “qualifying territories”) (article 12). Consequential amendments are made to the provisions in the 1965 Act that allow a person not subject to a duty, but who has paid compensation, to claim under the Act against the holder of the duty (article 13). Similar amendments are made to the provisions allowing for compensation to be reduced where the loss or damage is attributable to an act done intentionally or with reckless disregard as to the consequences (article 14). To avoid double recovery when a claim is made for compensation for damage to property, the court is to take into account any measures of reinstatement affecting that property (article 15). The existing protection for ships and aircraft is extended to include events as well as occurrences (article 16). The time within which claims for radiation-linked personal injury under the 1965 Act must be brought against an operator is increased from 10 to 30 years from the date of the occurrence or event. All other claims under the 1965 Act must be made within 10 years of the date of the occurrence or event (article 17). The 20-year time limit for bringing claims in respect of stolen, lost, jettisoned or abandoned nuclear matter is removed (article 18). The liability limit of operators in the United Kingdom in respect of claims arising from an occurrence or event is increased to €700 million initially, rising incrementally to €1200 million over 5 years. The power to prescribe cases where a lower liability limit applies is amended to allow for the prescription of low and intermediate level risk sites and low risk carriage (articles 19, 21 and 22). The amount of public funds that is required to top up the amount available for compensation, where the applicable liability limit is exhausted, is increased to €1500 million (article 30) where the claim is for damage incurred in a country that is a party to the Brussels Supplementary Convention (a “special relevant claim”), or €700 million otherwise. Claims on such public funds are to be made by bringing proceedings against the appropriate authority (articles 20 and 21). Where, under the Paris Convention, courts in the United Kingdom have jurisdiction in relation to claims, provision is made to allocate jurisdiction between the High Court of Justice, the High Court of Session and the High Court of Justice in Northern Ireland (article 23). Amendments are made to the provisions in the 1965 Act dealing with jurisdiction, shared liability and foreign judgments (articles 24 and 25). A claimant is required to notify the Secretary of State of claims relating to the 1965 Act, the Paris Convention or Brussels Supplementary Convention (article 26). The Secretary of State is entitled to be joined as a party to proceedings on such claims. The government of a country that is a party to the Brussels Supplementary Convention is entitled to be joined as a party to proceedings on a claim against an operator in that country or an overseas territory of that country to which the Brussels Supplementary Convention applies (article 27). A government of a foreign country is permitted to represent its nationals or persons domiciled or resident in that country in proceedings in the United Kingdom under the 1965 Act (article 28). A power is conferred on the Secretary of State to represent United Kingdom nationals or persons domiciled or resident in the United Kingdom in claims covered by the Paris Convention in other Paris Convention countries or territories (article 29). Various amendments are made to the provisions in the 1965 Act dealing with the obligation on Parliament to make public funds available to meet claims. Limitation periods are imposed, exceptions are provided for, and the amount to be made available is limited in the case of certain types of claim (articles 30 and 31). Operators of nuclear licensed sites must make financial provision (by insurance or otherwise) to cover their potential liability. This requirement is extended to operators of relevant disposal sites, and provision is made for different levels of liability depending on the category into which the particular operator falls according to section 16(1) of the 1965 Act (article 32). The requirement on operators to notify the Minister once claims in a specified period reach a set amount is also extended to operators of relevant disposal sites (article 33). A power is conferred on the Secretary of State to make arrangements with any person for the purpose of enabling operators to put in place the insurance or other cover required by section 19 of the 1965 Act. Provision is made for the notification of Parliament where any such arrangements are made (article 34). In the case of claims involving nuclear matter in the course of carriage, provision is made to limit the amount of compensation available for damage to the means of transport so that other claims take priority up to €80 million (article 35). The power to enable registration of persons shown to have been within an area on the happening of a nuclear occurrence is extended to the happening of an event (article 36). Provision is made for the conversion of euros to sterling (article 37). The interpretation provisions in section 26 of the 1965 Act are amended to include, in particular, various definitions relating to jurisdiction and geographical extent of the liability regime, including: “relevant reciprocating territory”, “qualifying territory”, “relevant maritime zone” and “exclusive economic zone” (article 38). Consequential amendments are made (article 39 and Schedule 2) to the Congenital Disabilities (Civil Liability) Act 1976 so that injury caused by preventative measures is treated in the same way as injury caused by nuclear occurrences under the 1965 Act. Provisions in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 are revoked as this Order amends the 1965 Act so as to provide expressly for certain functions to be exercisable by the Scottish Ministers. Other consequential amendments to secondary legislation provide for relevant disposal sites to be dealt with under certain statutory regimes (including the radioactive contaminated land regime) in the same way as nuclear licensed sites. Provision is made to determine which claims fall within the existing liability regime, and which claims fall within the revised regime. The power under section 19(1) of the 1965 Act is extended so that operators’ post-commencement insurance arrangements can be approved in advance of commencement of the revised regime (article 40). A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department of Energy and Climate Change at 3 Whitehall Place, London SW1A 2AW and is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 2004 c.20.

[^f00002]: 1965 c.57. The effect of the 1965 Act has been modified by the Atomic Weapons Establishment Act 1991 c.46, section 3 and the Schedule, paragraph 6. The effect of the 1965 Act has been modified in relation to England and Wales and Northern Ireland by the Congenital Disabilities (Civil Liability) Act 1976 c.28 (“the 1976 Act”), sections 3 and 4. Certain provisions of the 1976 Act are amended by this Order. The 1965 Act will be modified by the Defence Reform Act 2014 c.20, Schedule 1, paragraph 3 when that paragraph comes into force. The 1965 Act has been amended on a number of occasions. Relevant amendments are noted in the following provisions of this Order.

[^f00003]: It will be possible to find out the date on which the Protocols come into force in respect of the United Kingdom by referring to the relevant page on UK Treaties Online (http://treaties.fco.gov.uk/treaties/treaty.htm).

[^f00004]: The Protocol of 12th February 2004 has been published in the Miscellaneous Series No. 6 (2015) Cm. 9135; the Convention of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 was published in the Treaty Series No. 69 (1968), Cmnd. 3755; the Protocol of 16th November 1982 was published in the Treaty Series No. 6 (1989), Cm. 659. The Protocols and Conventions are also available via UK Treaties Online (http://treaties.fco.gov.uk/treaties/treaty.htm ).

[^f00005]: The Protocol of 12th February 2004 has been published in the Miscellaneous Series No. 7 (2015) Cm. 9136; the Convention of 31st January 1963 Supplementary to the Paris Convention, as amended by the Additional Protocol of 28th January 1964 was published in the Treaty Series No. 44 (1975), Cmnd. 5948; the Protocol of 16th November 1982 was published in the Treaty Series No. 17 (1992), Cm. 1832. The Protocols and Conventions are also available via UK Treaties Online (http://treaties.fco.gov.uk/treaties/treaty.htm ).

[^f00006]: Section 7(1) was amended by S.I. 1990/1918, the Schedule, paragraph 2(a).

[^f00007]: Section 6 was amended by the Energy Act 2013 c.32, section 116 and Schedule 12, Part 2, paragraph 21 (this amendment supersedes a previous amendment).

[^f00008]: Section 8 was amended by S.I. 1990/1918, the Schedule, paragraph 3.

[^f00009]: 1965 c.57. Section 12(3A) was inserted by the Nuclear Installations Act 1969 c.18, section 1.

[^f00010]: Section 12(4) was amended by the Nuclear Installations Act 1969 c.18, section 1 and the Carriage of Goods by Sea Act 1971 c.19, section 6(3).

[^f00011]: Section 13(5) was amended by the Nuclear Installations Act 1969 c.18, section 3 and the Energy Act 1983 c.25, section 27(3).

[^f00012]: Section 13(5A) was inserted by the Energy Act 1983 c.25, section 27(3).

[^f00013]: Section 14(1) was amended by the Merchant Shipping Act 1979 c.39, section 50(4) and Schedule 7, Part 1.

[^f00014]: 1965 c.57. Section 16(1) was amended by the Energy Act c.25, section 27(1) and S.I. 1994/909, article 2. The function conferred by section 16(1) is, in so far as it is exercisable in or as regards Scotland, only exercisable after consultation with the Scottish Ministers (S.I. 1999/1750, article 4 and Schedule 3).

[^f00015]: Section 16(1A) was inserted by the Energy Act 1983 c.25, section 27(2). The function conferred by section 16(1A) is, in so far as it is exercisable in or as regards Scotland, only exercisable after consultation with the Scottish Ministers (S.I. 1999/1750, article 4 and Schedule 3).

[^f00016]: Section 16(3) was amended by S.I. 1999/1820, Schedule 2, Part 1, paragraph 38(2).

[^f00017]: The function conferred by section 17(1) has been transferred, in so far as it is exercisable in or as regards Scotland, to the Scottish Ministers by S.I. 1999/1750, article 2, Schedule 1.

[^f00018]: 1965 c.57. Section 17(3) was amended by the Energy Act 1983 c.25, sections 28(4) and 36 and Schedule 4, Part 2.

[^f00019]: The function conferred by section 17(4) has been transferred, in so far as it is exercisable in or as regards Scotland, to the Scottish Ministers by S.I. 1999/1750, article 2, Schedule 1.

[^f00020]: Section 17(5) was amended by the Energy Act 1983 c.25, section 31.

[^f00021]: 1965 c.57. Section 18(1) was amended by the Energy Act 1983 c.25, section 28(1) and the Atomic Energy Act 1989 c.7, section 3.

[^f00022]: Section 18(1A) was inserted by the Energy Act 1983 c.25, section 28(2).

[^f00023]: Section 18(1B) was inserted by the Energy Act 1983 c.25, section 28(2). The function conferred by section 18(1B) is, in so far as it is exercisable in or as regards Scotland, only exercisable after consultation with the Scottish Ministers (S.I. 1999/1750, article 4 and Schedule 3).

[^f00024]: Section 18(4) was amended by the Energy Act 1983 c.25, section 28(3).

[^f00025]: Section 18(4A) was inserted by the Energy Act 1983 c.25, section 28(3).

[^f00026]: Section 18(4B) was inserted by the Energy Act 1983 c.25, section 28(3).

[^f00027]: Section 19(1) was amended by the Energy Act 2013 c.32, section 116 and Schedule 12, Part 2, paragraph 22 and the Energy Act 1983 c.25, section 27(4). The function conferred on the Minister by section 19(1) has been transferred, in so far as it is exercisable in or as regards Scotland, to the Scottish Ministers by S.I. 1999/1750, article 2, Schedule 1.

[^f00028]: Section 19(1A) was inserted by the Energy Act 1983 c.25, section 27(4).

[^f00029]: Section 19(2) was amended by the Atomic Energy Act 1989 c.7, section 4 and the Energy Act 1983 c.25, section 27(5).

[^f00030]: Section 19(2A) was inserted by the Energy Act 1983 c.25, section 27(5).

[^f00031]: Section 19(2B) was inserted by the Atomic Energy Act 1989 c.7, section 4.

[^f00032]: The function conferred by section 19(3) has been transferred, in so far as it is exercisable in or as regards Scotland, to the Scottish Ministers by S.I. 1999/1750, article 2, Schedule 1.

[^f00033]: The function conferred by section 19(4) has been transferred, in so far as it is exercisable in or as regards Scotland, to the Scottish Ministers by S.I. 1999/1750, article 2, Schedule 1.

[^f00034]: Section 19(5)(a) was amended as regards England and Wales by the Magistrates Court Act 1980 c.43, section 32(2) and as regards Scotland by the Criminal Procedure (Scotland) Act 1975 c.21, section 289B(1); section 19(5)(b) was amended as regards England and Wales by the Criminal Law Act 1977 c.45, section 32(1) and as regards Scotland by the Criminal Procedure (Scotland) Act 1975 c.21, section 193A(1).

[^f00035]: 1965 c.57. Section 20(1) was amended by the Energy Act 1983 c.25, section 27(6).

[^f00036]: The functions conferred by section 20 have been transferred, in so far as they are exercisable in or as regards Scotland, to the Scottish Ministers by S.I. 1999/1750, article 2, Schedule 1.

[^f00037]: Section 21(1) was amended by the Energy Act 1983 c.25, section 29(1).

[^f00038]: Section 21(1A) was inserted by the Energy Act 1983 c.25, section 29(2). The function conferred by section 21(1A) is, in so far as it is exercisable in or as regards Scotland, only exercisable after consultation with the Scottish Ministers (S.I. 1999/1750, article 4 and Schedule 3).

[^f00039]: Section 21(3) was amended as regards England and Wales by the Criminal Justice Act 1982 c.48, sections 37, 38 and 46; as regards Scotland by the Criminal Procedure (Scotland) Act 1975 c.21, sections 289F and 289G; and as regards Northern Ireland by S.I. 1984/703 (N.I.3), articles 5(2) and 9. The function conferred by section 21(3) is, in so far as it is exercisable in or as regards Scotland, only exercisable after consultation with the Scottish Ministers (S.I. 1999/1750, article 4 and Schedule 3).

[^f00040]: Section 21(4) was amended by S.I. 1999/1820, Schedule 2, Part 1, paragraph 38(3).

[^f00041]: Section 21(5) was amended by S.I. 1987/2171, regulation 5. The reference in section 21(5) to Part VI of the Road Traffic Act 1960 c.16 is to be construed as a reference to Part VI of the Road Traffic Act 1988 c.52 by virtue of section 2(4) of the Road Traffic Act (Consequential Provisions) Act 1988 c.54 and before that Schedule 10, paragraph 3 of the Road Traffic Act 1972 c.20.

[^f00042]: The function conferred on “the Minister” (only) in section 23 has been transferred, in so far as it is exercisable in or as regards Scotland, to the Scottish Ministers by S.I. 1999/1750, article 2, Schedule 1.

[^f00043]: Section 23(2) was amended by S.I. 1999/1756, article 2 and the Schedule, paragraph 2.

[^f00044]: Section 25B was inserted by the Energy Act 1983 c.25, section 30.

[^f00045]: The definition of “occurrence” was amended by the Energy Act 1983 c.25, section 27(7).

[^f00046]: 1969 c.18.

[^f00047]: 1976 c.28.

[^f00048]: 1994 c.40. Section 37(10) was inserted by the Energy Act 2013 c.32, Schedule 12, paragraph 71(6).

[^f00049]: 2013 c.32.

[^f00050]: S.I. 1977/500. The definition of “relevant nuclear provisions” in regulation 2(1) was inserted by S.I. 2014/469, Schedule 3, paragraph 31. There are other amending instruments not relevant to this Order.

[^f00051]: S.I. 1994/909.

[^f00052]: S.I. 1998/2573. There are amending instruments not relevant to this Order.

[^f00053]: S.I. 1999/1750. The entries for the 1965 Act in Schedules 1 and 3 were amended by the Energy Act 2013 c.32, Schedule 12, paragraph 30. There are other amending instruments not relevant to this Order.

[^f00054]: S.I. 2006/1379. Regulation 5 was substituted by S.I. 2007/3245, regulation 3(2), and regulation 17 was substituted by S.I. 2008/520, regulation 2(3). There are other amending instruments not relevant to this Order.

[^f00055]: S.I. 2006/2988 (W. 277). Regulation 5 was substituted by S.I. 2007/3250, regulation 3(3), and regulation 17 was substituted by S.I. 2008/521, regulation 2(3). There are other amending instruments not relevant to this Order.

[^f00056]: S.S.I. 2007/179. Regulations 1(3), 3 and 15 were substituted by S.I. 2007/3240, regulation 3(2), (4) and (8) respectively. There are other amending instruments not relevant to this Order.

[^f00057]: The Protocol of 12th February 2004 amending the Paris Convention has been published in the Miscellaneous Series No. 6 (2015) Cm. 9135; the Convention of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 was published in the Treaty Series No. 69 (1968), Cmnd. 3755; the Protocol of 16th November 1982 was published in the Treaty Series No. 6 (1989), Cm. 659. The Protocols and Conventions are also available via UK Treaties Online (http://treaties.fco.gov.uk/treaties/treaty.htm).

[^f00058]: The Protocol of 12th February 2004 amending the Brussels Supplementary Convention has been published in the Miscellaneous Series No. 7 (2015) Cm. 9136; the Convention of 31st January 1963 Supplementary to the Paris Convention, as amended by the Additional Protocol of 28th January 1964 was published in the Treaty Series No. 44 (1975), Cmnd. 5948; the Protocol of 16th November 1982 was published in the Treaty Series No. 17 (1992), Cm. 1832. The Protocols and Conventions are also available via UK Treaties Online (http://treaties.fco.gov.uk/treaties/treaty.htm).