The Nuclear Installations (Liability for Damage) Order 2016

• (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).