[F17AOccurrences not on a licensed siteU.K.
(1)The requirement referred to in section 7(1B)(b) is that the nuclear matter satisfies the condition in any of subsections (2) to (8) in relation to the licensee of the licensed site as licensee of that site.
(2)The condition in this subsection is that the nuclear matter—
(a)is in the course of carriage to the licensed site with the agreement of the licensee from a place in a country or territory that is not a relevant territory, and
(b)is not on another relevant site in the United Kingdom.
For these purposes the carriage of the matter is to be treated as starting once the matter has been loaded on to the means of transport intended to be used for its carriage from that country or territory.
(3)The condition in this subsection is that the nuclear matter—
(a)is in the course of carriage from the licensed site to a place in a country or territory that is not a relevant territory, and
(b)is not on another relevant site in the United Kingdom.
For these purposes the carriage of the matter is to be treated as coming to an end once the matter has been unloaded from the means of transport used for its carriage to that country or territory.
(4)The condition in this subsection is that the licensee has taken charge of the nuclear matter from a person authorised to operate a nuclear reactor comprised in a means of transport and the matter—
(a)is in the course of carriage to the licensed site, and
(b)is not on another relevant site in the United Kingdom.
(5)The condition in this subsection is that the nuclear matter—
(a)is in the course of carriage from the licensed site to a person authorised to operate a nuclear reactor comprised in a means of transport and in which the matter is intended to be used, and
(b)is not on another relevant site in the United Kingdom.
For these purposes the carriage of the matter is to be treated as coming to an end once that operator takes charge of the matter.
(6)The condition in this subsection is that—
(a)the nuclear matter was in the course of such carriage as is described in subsection (2), (3), (4) or (5),
(b)that course of carriage was not completed, and
(c)since ceasing to be in the course of such carriage, the nuclear matter has not been in such circumstances as are mentioned in subsection (9), (10) or (11).
(7)The condition in this subsection is that—
(a)the nuclear matter is in the course of carriage on behalf of the licensee as a licensee of the licensed site, otherwise than as described in any of subsections (2)(a), (3)(a), (4)(a) and (5)(a), and the licensee has a direct economic interest in the matter, or
(b)the nuclear matter was in the course of such carriage while being matter in which the licensee had a direct economic interest and, since ceasing to be in the course of such carriage or since ceasing to be matter in which the licensee had a direct economic interest, has not been in such circumstances as are mentioned in subsection (9), (10) or (11).
(8)The condition in this subsection is that the nuclear matter was on the licensed site and, since ceasing to be on that site, has not been in such circumstances as are mentioned in subsection (9), (10) or (11).
(9)The circumstances in this subsection are that the nuclear matter is on a relevant site other than the licensed site.
(10)The circumstances in this subsection are that the nuclear matter—
(a)is in the course of carriage to a relevant site other than the licensed site with the agreement of the operator of that site from a place in a country or territory that is not a relevant territory,
(b)is in the course of carriage from a relevant site other than the licensed site to a place in a country or territory that is not a relevant territory,
(c)is in the course of carriage on behalf of a person authorised to operate a nuclear reactor which is comprised in a means of transport and in which the nuclear matter is intended to be used or was used or was intended to be used, or
(d)is in the course of relevant carriage on behalf of a person other than the licensee of the licensed site, and otherwise than as described in paragraph (a), (b) or (c), and is matter in which that person has a direct economic interest.
(11)The circumstances in this subsection are that the nuclear matter—
(a)is within the territorial limits of a country or territory that is not a relevant territory, and
(b)is not in the course of such carriage as is described in any of subsections (2)(a), (3)(a), (4)(a) and (5)(a) or in the course of relevant carriage from one relevant site to another.
(12)Where the licensee of a licensed site operates the site on behalf of another person—
(a)carriage of nuclear matter that is undertaken or arranged by the licensee as licensee of the licensed site on behalf of that other person is to be treated as carriage on behalf of the licensee (and accordingly is to be treated as relevant carriage on behalf of the licensee for the purposes of this Act), and
(b)a requirement in this section that a person have a direct economic interest in nuclear matter that is in the course of carriage is to be treated as satisfied by the licensee when acting on behalf of another person as regards the carriage of nuclear matter if—
(i)that other person is the person on whose behalf the licensee is operating the licensed site, and
(ii)that other person has a direct economic interest in the nuclear matter.
(13)For the purposes of this section, a person who receives a financial or other benefit for or in connection with undertaking, or arranging for, the carriage of nuclear matter does not, for that reason only, have a direct economic interest in the matter.]
Textual Amendments
F1S. 7A 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), 3(5) (with art. 40)