(1)A nuclear site licence may at any time be revoked by the Minister or surrendered by the licensee.
[F1(1A)The Health and Safety Executive shall consult the appropriate Agency before revoking a nuclear site licence in respect of a site in Great Britain.]
(2)Where a nuclear site licence has been revoked or surrendered, the licensee shall, if so required by the Minister, deliver up or account for the licence to such person as the Minister may direct, and shall during the remainder of the period of his responsibility cause to be kept posted upon the site such notices indicating the limits thereof in such positions as may be directed by an inspector; and the Minister may on the revocation or surrender and from time to time thereafter until the expiration of the said period give to the licensee such other directions as the Minister may think fit for preventing or giving warning of any risk of injury to any person or damage to any property by ionising radiations from anything remaining on the site.
(3)In this Act, the expression “period of responsibility” in relation to the licensee under a nuclear site licence means, as respects the site in question or any part thereof, the period beginning with the grant of the licence and ending with which ever of the following dates is the earlier, that is to say—
(a)the date when the Minister gives notice in writing to the licensee that in the opinion of the Minister there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, on that part thereof;
(b)the date when a new nuclear site licence in respect of a site comprising the site in question or, as the case may be, that part thereof is granted either to the same licensee or to some other person,
except that it does not include any period during which section 19(1) of this Act does not apply in relation to the site.
(4)If the licensee contravenes any direction for the time being in force under subsection (2) of this section, he shall be guilty of an offence [F2and be liable—
(a)on summary conviction—
(i)in the case of a first offence under this subsection, to a fine not exceeding fifty pounds;
(ii)in the case of a second or subsequent offence under this subsection, 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 two hundred pounds, or to imprisonment for a term not exceeding one year, or to both;]
and any person who without reasonable cause pulls down, injures or defaces any notice posted in pursuance of the said subsection (2) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F3level 1 on the standard scale][F4level 2 on the standard scale]
[F5(5)For the purposes of subsection (4)(a) of this section, a conviction under section 2(4) of the Act of 1959 by reason of a contravention of a direction in force under section 2(2) of that Act shall be deemed to be a conviction of an offence under subsection (4) of this section.]
Textual Amendments
F1S. 5(1A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 9 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2Words repealed (E.W.)(S.) by S.I. 1974/2056
F3Words substituted by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6
F4Words substituted by virtue of (E. W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F5S. 5(5) repealed (E.W.)(S.) by S.I. 1974/2056
Modifications etc. (not altering text)
C1S. 5 modified (N.I.) by S.I. 1978/1039 (N.I. 9), arts. 2(2), 3, Sch. 1
C2S. 5 amended by S.I. 1988/1222, regs. 3, 4; 1990/1380, arts. 3, 4
s. 5 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
C3S. 5 amended (E.W.)(S.) with the substitution for references to the Minister of references to the Health and Safety Executive by S.I. 1974/2056
C4S. 5 modified (7.3.1994) by S.R. 1994/1, reg. 3
C5S. 5(1A) extended (Northern Ireland) (5.10.2004) by Energy Act 2004 (c. 20), ss. 78(1), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1