Nuclear Installations Act 1965

23 Registration in connection with certain occurrences [F1 and events]. U.K.

(1) Without prejudice to any right of any person to claim against any person by virtue of any of sections 7 to 11 of this Act, the appropriate authority may, on the happening of any occurrence [F2 or event] in respect of which liability may be incurred by virtue of any of those sections, by order make provision for enabling such particulars of any person shown to have been within such area during such period (being the period during which the occurrence [F2 or event] took place) as may be specified in the order to be registered by or on behalf of that person in such manner as may be so specified, and any such registration in respect of any person shall be sufficient evidence of his presence within that area during that period unless the contrary is proved; and any such order shall be made by statutory instrument and be laid before Parliament after being made.

(2) In the foregoing subsection, the expression “the appropriate authority” means, in relation to any occurrence [F3 or event], the authority hereinafter specified in relation to the person against whom any claim in respect of that occurrence [F3 or event] falls to be made, that is to say—

(a) where that person is the Authority, [F4 the Secretary of State];

(b) where that person is the Crown, the Minister in charge of the government department concerned [F5 or where any part of the Scottish Administration is concerned the Minister];

[F6 (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.]

Textual Amendments

F1 Words in s. 23 heading inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 36(4) (with art. 40)

F2 Words in s. 23(1) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 36(2) (with art. 40)

F3 Words in s. 23(2) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 36(3)(a) (with art. 40)

F4 Words in s. 23(2)(a) substituted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 36(3)(b) (with art. 40)

F5 Words in s. 23(2)(b) inserted (1.7.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 2

F6 S. 23(2)(c) substituted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 36(3)(c) (with art. 40)

Modifications etc. (not altering text)

C1 S. 23: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3