(1)No person may use a site for the purpose of installing or operating—
(a)any nuclear reactor (other than a nuclear reactor comprised in a means of transport, whether by land, water or air), or
(b)any other installation of a prescribed kind,
unless a licence to do so has been granted in respect of the site by the appropriate national authority and is in force.
(2)Such a licence is referred to in this Act as a “nuclear site licence”.
(3)The only kinds of installation that may be prescribed under subsection (1)(b) are installations (other than nuclear reactors) designed or adapted for—
(a)producing or using atomic energy,
(b)any process which—
(i)is preparatory or ancillary to producing or using atomic energy, and
(ii)involves, or is capable of causing, the emission of ionising radiations, or
(c)storing, processing or disposing of—
(i)nuclear fuel, or
(ii)bulk quantities of other radioactive matter which has been produced or irradiated in the course of the production or use of nuclear fuel.
(4)Regulations under subsection (1)(b) may make provision for exempting an installation from subsection (1).
(5)Regulations made by virtue of subsection (4)—
(a)may provide for any exemption to be conditional;
(b)may not result in an installation being exempt from subsection (1) unless the Secretary of State is satisfied that it is not a relevant installation (or, in the case of a conditional exemption, would not be a relevant installation if the prescribed conditions were satisfied).
(6)Before exercising any function under subsection (1)(b), (4) or (5) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.
(7)Any person who contravenes subsection (1) is guilty of an offence.
(8)A person convicted of an offence under subsection (7) in England and Wales or Scotland is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding 12 months, or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland), or both.
(9)A person convicted of an offence under subsection (7) in Northern Ireland is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.
(10)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to imprison), the reference to 12 months in subsection (8)(b), as it has effect in England and Wales, is to be read as a reference to 6 months.
(11)Subsection (1) is subject to section 47 of the Energy Act 2008 (prohibition in England and Wales and Northern Ireland on use of site in absence of approved funded decommissioning programme).]
Textual Amendments
F1S. 1 substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 17; S.I. 2014/251, art. 4
(1)Notwithstanding that a nuclear site licence is for the time being in force or is not for the time being required in respect thereof, no person other than the Authority shall use any site—
(a)for any treatment of irradiated matter which involves the extraction therefrom of plutonium or uranium; or
(b)for any treatment of uranium such as to increase the proportion of the isotope 235 contained therein,
except under, and in accordance with the terms of, a permit in writing . . . F2 granted by the Authority or a government department [F3and for the time being in force]; and any fissile material produced under such a permit shall be disposed of only in such manner as may be approved by the authority by whom the permit was granted.
[F4(1A)A permit granted under this section, unless it is granted by the Minister, shall not authorise the use of a site as mentioned in paragraph (a) or paragraph (b) of the foregoing subsection otherwise than for purposes of research and development.
(1B)Where a permit granted under this section by the Minister to a body corporate authorises such a use of a site for purposes other than, or not limited to, research and development, the Minister may by order direct that the provisions set out in Schedule 1 to this Act shall have effect in relation to that body corporate.
(1C)Any power conferred by this section to make an order shall include power to vary or revoke the order by a subsequent order; and any such power shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1D)Any permit granted under this section by the Authority or by the Minister or any other government department may at any time be revoked by the Authority or by the Minister or that department, as the case may be, or may be surrendered by the person to whom it was granted.]
(2)Any person who contravenes [F5subsection (1) of this section] shall be guilty of an offence and be liable—
(a)on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both;
(b)on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding five years or to both.
Textual Amendments
F2Words repealed by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)
F3Words inserted by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)
F5Words substituted by Atomic Energy Authority Act 1971 (c. 11), s. 17(2)
Modifications etc. (not altering text)
C1S. 2 modified (E.W.) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), s. 3, Sch. para. 6(1)
C2S. 2: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3