Nuclear Installations Act 1965

22 Reporting of and inquiries into dangerous occurrences. U.K.

(1) The provisions of this section shall have effect on the happening of any occurrence of any such class or description as may be prescribed, being an occurrence—

(a) on a licensed site; or

(b) in the course of the carriage of nuclear matter on behalf of any person where a duty with respect to that carriage is imposed on that person by section 7, 10 or 11 of this Act.

(2) The licensee or person aforesaid shall cause the occurrence to be reported forthwith in the prescribed manner to the Minister and to such other persons, if any, as may be prescribed in relation to occurrences of that class or description, and if the occurrence is not so reported the licensee or person aforesaid shall be guilty of an offence (F1 and be liable on summary conviction—

(a) in the case of a first offence under this subsection, to a fine not exceeding [F2 fifty pounds;][F2 level 3 on the standard scale]

(b) in the case of a second or subsequent offence under this subsection, to a fine not exceeding [F2 one hundred pounds,][F2 level 3 on the standard scale] or to imprisonment for a term not exceeding three months, or to both.

(3) For the purposes of subsection (2) of this section, a conviction under section 6(2) of the Act of 1959 shall be deemed to be a conviction under subsection (2) of this section.

(4) The Minister may at any time direct an inspector to make a special report with respect to the occurrence, and the Minister may cause any such report, or so much thereof as it is not in his opinion inconsistent with the interests of national security to disclose, to be made public at such time and in such manner as he thinks fit.

(5) The Minister may, where he thinks it expedient so to do, direct an inquiry to be held in accordance with the provisions of [F3 Schedule 2] to this Act into the occurrence and its causes, circumstances and effects; and any such inqury shall be held in public except where or to the extent that it appears to the Minister expedient in the interests of national security to direct otherwise.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 Words repealed (E.W.)(S.) by S.I. 1974/2056

F2 “level 3 on the standard scale” substituted (S.) for “fifty pounds” and “one hundred pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F3 Words substituted by Atomic Energy Authority Act 1971 (c. 11), s. 17(3)

F4 S. 22(6) repealed by S.I. 1974/2056

Modifications etc. (not altering text)

C1 S. 22 modified (N.I.) by S.I. 1978/1039 (N.I. 9), arts. 2(2), 3, Sch. 1

C2 S. 22 amended by S.I. 1988/1222, regs. 3, 4; 1990/1380, arts. 3, 4

S. 22 saved by virtue of Health and Safety at Work Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII, s.62

C3 S. 22 modified (7.3.1994) by S.R. 1994/1, reg. 3

C4 S. 22(1)(2): functions made exercisable only after consultation with the Scottish Ministers (S.) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C5 S. 22(2): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E. W.)

C6 S. 22(2): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), applies (S.)

C7 S. 22(2): S.I. 1984/703 (N.I. 3), art. 9 (in relation to liability on first and subsequent convictions), art. 6 (increase of fines) and art. 5 (substitution of references to levels on the standard scale) apply (N.I.)

C8 S. 22(2) amended (E.W.)(S.) with the substitution for the reference to the Minister of a reference to the Health and Safety Executive by S.I. 1974/2056

C9 S. 22(3)–(5) repealed (E.W.)(S.) by S.I. 1974/2056