Nuclear Installations Act 1965

2 Prohibition of certain operations except under permit. U.K.

(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 . . . F1 granted by the Authority or a government department [F2 and 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.

[F3 (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 [F4 subsection (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

F1 Words repealed by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)

F2 Words inserted by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)

F3 S. 2(1A)–(1D) added by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)

F4 Words substituted by Atomic Energy Authority Act 1971 (c. 11), s. 17(2)

Modifications etc. (not altering text)

C1 S. 2 modified (E.W.) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), s. 3, Sch. para. 6(1)

C2 S. 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