Nuclear Installations Act 1965

Control of certain nuclear installations and operations U.K.

1 Restriction of certain nuclear installations to licensed sites. U.K.

(1) Without prejudice to the requirements of any other Act, no person . . . F1 shall use any site for the purpose of installing or operating—

(a) any nuclear reactor (other than such a reactor comprised in a means of transport, whether by land, water or air); or

(b) subject to subsection (2) of this section, any other installation of such class or description as may be prescribed, being an installation designed or adapted for—

(i) the production or use of atomic energy; or

(ii) the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and which involves or is capable of causing the emission of ionising radiations; or

(iii) the storage, processing or disposal of nuclear fuel or of bulk quantities of other radioacative matter, being matter which has been produced or irradiated in the course of the production or use of nuclear fuel,

unless a licence so to do (in this Act referred to as a “nuclear site licence”) has been granted in respect of that site by the Minister and is for the time being in force.

(2) Regulations made by virtue of paragraph (b) of the foregoing subsection may exempt, or make provision for exempting, from the requirements of that subsection, either unconditionally or subject to prescribed conditions, any installation which the Minister is satisfied is not, or if the prescribed conditions were complied with would not be, a relevant installation.

(3) Any person who contravenes subsection (1) of this section shall be guilty of an offence [F2 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.]

[F3 (4) Subsection (1) is subject to section 47 of the Energy Act 2008 (prohibition on use of site in absence of approved funded decommissioning programme).]

Textual Amendments

F1 Words repealed by S.I. 1990/1918, reg. 2, Sch. para. 1

F2 Words repealed (E.W.)(S.) by S.I. 1974/2056

F3 S. 1(4) inserted (6.4.2009) by Energy Act 2008 (c. 32), ss. 65, 110(2); S.I. 2009/45, art. 4(b)(i)

Modifications etc. (not altering text)

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

C2 S. 1 amended by S.I. 1988/1222, regs. 3, 4; 1990/1380, arts. 3, 4

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

C4 S. 1 modified (7.3.1994) by S.R. 1994/1, reg. 3

S. 1 excluded (N.I.) (1.5.2000) by S.R. 2000/93, reg. 3(3)(b)

C5 S. 1(1) 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

C6 S. 1(1)(b)(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

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 . . . F4 granted by the Authority or a government department [F5 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.

[F6 (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 [F7 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

F4 Words repealed by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)

F5 Words inserted by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)

F6 S. 2(1A)–(1D) added by Atomic Energy Authority Act 1971 (c. 11), s. 17(1)

F7 Words substituted by Atomic Energy Authority Act 1971 (c. 11), s. 17(2)

Modifications etc. (not altering text)

C7 S. 2 modified (E.W.) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), s. 3, Sch. para. 6(1)

C8 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