Nuclear Installations Act 1965

Miscellaneous and general U.K.

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F1 Words repealed (E.W.)(S.) by S.I. 1974/2056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

23 Registration in connection with certain occurrences. 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 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 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, the authority hereinafter specified in relation to the person against whom any claim in respect of that occurrence falls to be made, that is to say—

(a) where that person is the Authority, the Minister of Technology;

(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];

(c) in any other case, the Minister.

Textual Amendments

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

Modifications etc. (not altering text)

C10 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

[F6 24

(1) The Secretary of State may appoint as inspectors for the purpose of assisting him in the execution of the provisions of this Act, other than provisions which are mentioned in Schedule 1 to the M1 Health and Safety at Work etc. Act 1974, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed such payments by way of remuneration, allowances or other payments as the Secretary of State may with the approval of the Minister for the Civil Service determine.

(2) Any such inspector may for that purpose exercise such of the powers set out in section 20(2) of the M2 Health and Safety at Work etc. Act 1974 as are specified in his instrument of appointment and the provisions of sections 28 (restrictions on disclosure of information), 33 (offences) and 39 (prosecutions by inspectors) of that Act shall apply in the case of inspectors so appointed as they apply in the case of inspectors appointed under section 19 of that Act.

(3) In such cases and to such extent as it may appear to the Secretary of State, with the agreement of the Treasury, to be appropriate so to do, the Secretary of State shall require a licensee to repay to the Secretary of State such part as may appear to the Secretary of State to be attributable to the nuclear installations in respect of which nuclear site licences have been granted to that licensee of—

(a) [F7 any sums paid by the Secretary of State under subsection (1) of this section;]

(b) any expenses, . . . F8 , being—

(i) expenses incurred by the Secretary of State; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(iii) expenses incurred by any government department; or

(iv) such sums as the Treasury may determine in respect of the use of any premises belonging to the Crown,

which the Secretary of State may, with the consent of the Treasury, determine to be incurred in connection with the, [F9 exercise by the Secretary of State of his powers under the said subsection (1)],

and the licensee shall comply with such requirement; and any sums so repaid to the Secretary of State shall be paid into the Consolidated Fund, . . . F10 [F11 and except that in so far as sums so repaid relate to expenses incurred by the Scottish Administration they shall be paid to the Scottish Ministers.]

(4) Any liability of a licensee in respect of sums payable by him under subsection (3) of this section on account of pensions shall, if the Secretary of State so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Minister for the Civil Service, by reference to remuneration.]

Extent Information

E1 This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F6 S. 24 beginning "The Secretary of State" is substituted for S.24 beginning "The Minister may appoint" (E.W.)(S.) by S.I. 1974/2056

F7 S. 24(3) (a) (as applicable E. W. S.) substituted by Atomic Energy Act 1989 (c.7, SIF 8), s. 6(1)(a)

F8 S. 24(3)(b) (as applicable E.W.S.) the words “whenever incurred” and subparagraph (ii) repealed by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(1)(b)

F9 S. 24(3)(b) (as applicable E.W.S.) “exercise by the Secretary of State of his powers under the said subsection (1)” substituted for “enforcement or execution of this Act” by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(1)(b)

F10 S. 24(3) (as applicable E. W. S.)the words from “except” to the end repealed by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(1)(c)

F11 Words in s. 24(3) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 38(4) (with art. 5); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C11 S. 24 (as applicable E. W. S.) amended by S.I. 1988/1222, regs. 3, 4; 1990/1380, arts. 3, 4

C12 S. 24(1) functions of Minister for the Civil Service now exercisable by Treasury: S.I. 1981/1670, art. 2(1)(c)(2)

C13 S. 24(4) (as applicable E. W. S.) functions of the Minister for the Civil Service now exercisable by Treasury: S.I. 1981/1670, art. 2(1)(c)(2)

Marginal Citations

M1 1974 c. 37.

M2 1974 c. 37.

24 F29 Inspectors. X2 N.I.

(1) The Minister may appoint as inspectors to assist him in the execution of this Act such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed such payments by way of remuneration, allowances or other payments as the Minister may with the approval of the Treasury determine.

(2) Any such inspector may, for the purposes of the execution of this Act, and subject to production, if so requested, of written evidence of his authority—

(a) subject to subsection (3) of this section, enter—

(i) at all reasonable times during the period of the licensee’s responsibility, upon any premises comprised in any licensed site; or

(ii) at all reasonable times, upon any premises comprised in any site which is being used for such purposes that, but for regulations made by virtue of section 1(2) of this Act, a nuclear site licence would be required in respect thereof,

with such equipment, and carry out such tests and inspections, as the inspector may consider necessary or expedient;

(b) require—

(i) the licensee of any licensed site; or

(ii) the person using any site as mentioned in paragraph (a)(ii) of this subsection; or

(iii) any person with duties on or in connection with any licensed site or any site being used as aforesaid,

to provide the inspector with such information, or to permit him to inspect such documents, relating to the use of the site as the inspector may specify;

(c) enter any place, vehicle, vessel or aircraft involved in any such occurrence as is mentioned in section 22(1) of this Act with such equipment, and carry out such tests and inspections, as he may consider necessary or expedient;

(d) require the licensee or other person referred to in the said section 22(1) concerned in any such occurrence and any other person with duties concerning the nuclear matter involved in the occurrence to provide him with such information, or to permit him to inspect such documents, relating to the nuclear matter as the inspector may specify.

(3) Before carrying out any test in pursuance of his powers under subsection (2)(a) of this section, the inspector shall consult with such persons having duties upon the site as may appear to him appropriate in order to secure that the carrying out of the test does not create any danger.

(4) Any person who obstructs an inspector in the exercise of his powers under subsection (2)(a) or (c) of this section or who refuses or without reasonable excuse fails to provide any information or to permit any inspection reasonably required by the inspector under subsection (2)(b) or (d) thereof shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F30 level 3 on the standard scale], or to imprisonment for a term not exceeding three months, or to both.

(5) Any person who, without the authority of the Minister, discloses any information obtained in the exercise of powers under this Act shall be guilty of an offence and be liable—

(a) on summary conviction, to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months, or to both;

(b) on conviction on indictment, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding two years, or to both.

(6) In such cases and to such extent as it may appear to the Minister, with the agreement of the Treasury, to be appropriate so to do, the Minister shall require a licensee to repay to the Minister such part as may appear to the Minister to be attributable to the nuclear installations in respect of which nuclear site licences have been granted to that licensee of—

(a) any sums paid by the Minister under subsection (1) of this section; and

(b) any expenses, being—

(i) expenses incurred by the Minister; or

(ii) expenses incurred by any other government department in connection with the Ministry of Power; or

(iii) such sums as the Treasury may determine in respect of the use for the purposes of that Ministry of any premises belonging to the Crown,

which the Minister may, with the consent of the Treasury, determine to be incurred in connection with the exercise by the Minister of his powers under the said subsection (1),

and the licensee shall comply with such requirement; and any sums so repaid to the Minister shall be paid into the Exchequer.

(7) Any liability of a licensee in respect of sums payable by him under subsection (6) of this section on account of pensions shall, if the Minister so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.

Editorial Information

X2 S. 24 beginning " The Secretary of State" is substituted (E.W.)(S.)for S.24 beginning "The Minister may appoint" by S.I. 1974/2056.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only.

Textual Amendments

F29 S. 24 beginning "The Secretary of State" is substituted (E.W.)(S.) for S.24 beginning "The Minister may appoint" by S.I. 1974/2056.

F30 “level 3 on the standard scale” substituted (N.I.) for “fifty pounds” by S.I. 1984/703 (N.I. 3), arts. 5, 9

Modifications etc. (not altering text)

C19 S. 24 (as applicable N.I.) modified by S.I. 1978/1039 (N.I. 9), arts. 2(2), 3, Sch. 1

[F12 24A Recovery of expenses by Health and Safety Executive U.K.

(1) This section applies to any expenses incurred by the Health and Safety Executive (“the Executive”) and any expenses incurred by the Health and Safety Commission (“the Commission”) which, in either case, the Executive may determine to be incurred wholly or partly in connection with—

(a) the carrying into effect of such of the provisions of this Act as are mentioned in Schedule 1 to the M3 Health and Safety at Work etc. Act 1974; or

(b) the carrying out of research into nuclear safety at the direction of the Commission.

(2) Without prejudice to the generality of subsection (1) of this section, the reference in that subsection to expenses incurred by the Executive includes any sums paid by it by way of remuneration, allowances or other payments to inspectors appointed under the Health and Safety at Work etc. Act 1974.

(3) In such cases and to such extent as it may appear to the Executive appropriate to do so, the Executive shall require a person who has applied for a nuclear site licence to repay to it so much of any expenses to which this section applies as may appear to it to be attributable to dealing with the application.

(4) In such cases and to such extent as it may appear to the Executive to be appropriate to do so, the Executive shall require a person to whom a nuclear site licence has been granted to repay to it—

(a) so much of any expenses to which this section applies as may appear to it to be attributable to any nuclear installation in respect of which the licence has been granted; and

(b) so much of any expenses to which this section applies which are not otherwise recoverable under this section as it thinks fit.

(5) A person shall comply with any requirement made of him under this section.

(6) Any liability of a person in respect of sums payable by him under this section on account of pensions shall, if the Executive so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.

(7) Where the Executive anticipates that a person who has applied for or has been granted a nuclear site licence will become subject to a liability under this section, it may require him to make to it a payment or payments on account of the liability.

(8) Where a person has made a payment under subsection (7) of this section on account of an anticipated liability, then—

(a) if he does not become subject to the liability, the Executive shall be liable to repay the payment to him; and

(b) if the amount of the liability to which he becomes subject is less than the amount paid under that subsection, the Executive shall be liable to repay the difference to him.]

Textual Amendments

F12 S. 24A inserted by Atomic Energy Act 1989 (c. 7, SIF 8), s. 2(1)–(3)

Marginal Citations

M3 1974 c. 37 (43:3).

25 Offences—general. U.K.

(1) Where a body corporate is guilty of an offence under [F13 any of the provisions][F13 section 2(2) or 19(5)] of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and where the body corporate was guilty of the offence in the capacity of licensee under a nuclear site licence, he shall be so liable as if he, as well as the body corporate, were the licensee.

In this subsection, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

(2) Where a body corporate is convicted on indictment of an offence under any of the following provisions of this Act, that is to say, sections [F14 1(3)], 2(2), [F14 4(6)], [F14 5(4)] and 19(5), so much of the provision in question as limits the amount of the fine which may be imposed shall not apply, and the body corporate shall be liable to a fine of such amount as the court thinks just.

(3) Proceedings in respect of any offence under [F15 section 2(2) or 19(5) of] this Act shall not be instituted in England or Wales except by the Minister or by or with the consent of the Director of Public Prosecutions.

Textual Amendments

F13 Words “section” to “19(5)” substituted for words “any” to “provisions” (E.W.)(S.) by S.I. 1974/2056

F14 Words repealed (E.W.)(S.) by S.I. 1974/2056

F15 Words inserted by S.I. 1974/2056

[F16 25A Orders. U.K.

The power to make orders under section 16(1A), 18(1B) or 21(1A) of this Act shall be exercisable by statutory instrument; but no such order shall be made unless a draft of it has been laid before and approved by resolution of the House of Commons.]

Textual Amendments

F16 Ss. 25A, 25B inserted by Energy Act 1983 (c. 25, SIF 44:1), s. 30

25B Special drawing rights. U.K.

(1) In this Act “special drawing rights”means special drawing rights as defined by the International Monetary Fund; and for the purpose of determining the equivalent in sterling on any day of a sum expressed in special drawing rights, one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right—

(a) for that day, or

(b) if no sum has been so fixed for that day, for the last day before that day for which a sum has been so fixed.

(2) A certificate given by or on behalf of the Treasury stating—

(a) that a particular sum in sterling has been so fixed for a particular day, or

(b) that no sum has been so fixed for a particular day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day,

shall be conclusive evidence of those matters for the purposes of subsection (1) of this section; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

(3) The Treasury may charge a reasonable fee for any certificate given in pursuance of subsection (2) of this section and any fee received by the Treasury by virtue of this subsection shall be paid into the Consolidated Fund.

26 Interpretation. U.K.

(1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• “the Act of 1959” means the M4 Nuclear Installations (Licensing and Insurance) Act 1959;

• [F17 “the appropriate Agency” means—

  (a)

  in the case of a site in England or Wales, the Environment Agency;

  (b)

  in the case of a site in Scotland, the Scottish Environment Protection Agency;]

• “atomic energy” has the meaning assigned by the M5 Atomic Energy Act 1946;

• “the Authority” means the United Kingdom Atomic Energy Authority;

• “contravention”, in relation to any enactment or to any condition imposed or direction given thereunder, includes a failure to comply with that enactment, condition or direction, and cognate expressions shall be construed accordingly;

• “costs” in the application of this Act to Scotland, means expenses;

• “cover period” has the meaning assigned by section 19(2) of this Act;

• “excepted matter” means nuclear matter consisting only of one or more of the following, that is to say—

  (a)

  isotopes prepared for use for industrial, commercial, agricultural, medical [F18 scientific or educational] purposes;

  (b)

  natural uranium;

  (c)

  any uranium of which isotope 235 forms not more than 0.72 per cent.;

  (d)

  nuclear matter of such other description, if any, in such circumstances as may be prescribed (or, for the purposes of the application of this Act to a relevant foreign operator, as may be excluded from the operation of the relevant international agreement by the relevant foreign law);

• “home territory”, in relation to a relevant foreign operator, means the relevant territory in which, for the purposes of a relevant international agreement, he is the operator of a relevant installation;

• “injury” means personal injury and includes loss of life;

• X1 “inspector” means an inspector appointed under section 24 of this Act;

• [F19 “inspector” in sections 4(5) and 5(2) of this Act means an inspector appointed by the Health and Safety Executive under section 19 of the M6 Health and Safety at Work etc. Act 1974;]

• “licensed site” means a site in respect of which a nuclear site licence has been granted, whether or not that licence remains in force;

• “licensee” means a person to whom a nuclear site licence has been granted, whether or not that licence remains in force;

• “the Minister” means—

  (a)

  in the application of this Act to England and Wales, the Minister of Power;

  (b)

  in the application of this Act to Scotland, the Secretary of State;

• “nuclear installation” means a nuclear reactor or an installation such as is mentioned in section 1(1)(b) of this Act;

• “nuclear matter” means, subject to any exceptions which may be prescribed—

  (a)

  any fissile material in the form of uranium metal, alloy or chemical compound (including natural uranium), or of plutonium metal, alloy or chemical compound, and any other fissile material which may be prescribed; and

  (b)

  any radioactive material produced in, or made radioactive by exposure to the radiation incidental to, the process of producing or utilising any such fissile material as aforesaid;

• “nuclear reactor” means any plant (including any machinery, equipment or appliance, whether affixed to land or not) designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons;

• “nuclear site licence” has the meaning assigned by section 1(1) of this Act;

• “occurrence” in sections 16(1) [F20 and (1A)], 17(3) and 18 of this Act—

  (a)

  in the case of a continuing occurrence, means the whole of that occurrence; and

  (b)

  in the case of an occurrence which is one of a succession of occurrences all attributable to a particular happening on a particular relevant site or to the carrying out from time to time on a particular relevant site of a particular operation, means all those occurrences collectively;

• “period of responsibility”, in relation to a licensee, has the meaning assigned by section 5(3) of this Act;

• “prescribed” means prescribed by regulations made by [F21 the Secretary of State], which shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament;

• “relevant carriage”, in relation to nuclear matter, means carriage on behalf of—

  (a)

  a licensee as the licensee of a particular licensed site; or

  (b)

  the Authority; or

  (c)

  a government department for the purposes of such use of a site by that department as is mentioned in section 9 of this Act; or

  (d)

  a relevant foreign operator; or

  (e)

  a person authorised to operate a nuclear reactor which is comprised in a means of transport and in which the nuclear matter in question is intended to be used;

• “relevant foreign contribution”, in relation to any claim, means any sums falling by virtue of any relevant international agreement to be paid by the government of any relevant territory other than the United Kingdom towards the satisfaction of that claim;

• “relevant foreign judgment” means a judgment of a court of a relevant territory other than the United Kingdom which, under a relevant international agreement, is to be enforceable anywhere within the relevant territories;

• “relevant foreign law” means the law of a relevant territory other than the United Kingdom or any part thereof regulating in accordance with a relevant international agreement matters falling to be so regulated and, in relation to a particular relevant foreign operator, means the law such as aforesaid of his home territory;

• “relevant foreign operator” means a person who, for the purposes of a relevant international agreement, is the operator of a relevant installation in a relevant territory other than the United Kingdom;

• “relevant installation” means an installation to which a relevant international agreement applies;

• “relevant international agreement” means an international agreement with respect to third-party liability in the field of nuclear energy to which the United Kingdom or Her Majesty’s Government therein are party, other than an agreement relating to liability in respect of nuclear reactors comprised in means of transport;

• “relevant site” means any of the following, that is to say—

  (a)

  a licensed site at any time during the period of the licensee’s responsibility;

  (b)

  any premises at any time when they are occupied by the Authority;

  (c)

  any site at any time when it is occupied by a government department, if that site is being or has been used by that department as mentioned in section 9 of this Act;

  (d)

  any site in a relevant territory other than the United Kingdom at any time when that site is being used for the operation of a relevant installation by a relevant foreign operator;

• “relevant territory” means a country for the time being bound by a relevant international agreement;

• “territorial limits” includes territorial waters.

(2) References in this Act to the carriage of nuclear matter shall be construed as including references to any storage incidental to the carriage of that matter before its delivery at its final destination.

(3) Any question arising under this Act as to whether—

(a) any person is a relevant foreign operator; or

(b) any law is the relevant foreign law with respect to any matter; or

(c) any country is for the time being a relevant territory,

shall be referred to and determined by the Minister.

(4) Save where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Editorial Information

X1 Definition applicable N. I.

Textual Amendments

F17 Words inserted in s. 26(1) (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 10, (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F18 Words substituted by Energy Act 1983 (c. 25, SIF 44:1), s. 32

F19 Definition substituted (E.W.)(S.) by S.I. 1974/2056

F20 Words inserted by Energy Act 1983 (c. 25, SIF 44:1), s. 27(7)

F21 Words in s. 26(1) substituted (15.11.1999) by S.I. 1999/2786, art. 3(1)

Modifications etc. (not altering text)

C14 S. 26(1): functions conferred by the definitions of “excepted matter” and “nuclear matter” 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

C15 Functions of Minister of Power under this Act now exercisable by Secretary of State: S.I. 1969/1498 and 1970/1537

Marginal Citations

M4 1959 c. 46.

M5 1946 c. 80.

M6 1974 c. 37.

27 Northern Ireland. U.K.

(1) In the application to Northern Ireland of the following provisions of this Act (hereafter in this section referred to as “the designated provisions”), that is to say, sections 1 to 6 and 22 [F22 to 24][F22 to 24A] and [F23 Schedules 1 and 2]—

(a) any reference to the Minister shall be construed as a reference to the Minister of Commerce for Northern Ireland;

(b) the expression “prescribed” shall mean prescribed by regulations made by the said Minister of Commerce, which shall be subject to negative resolution within the meaning of section 41(6) of the M7 Interpretation Act (Northern Ireland) 1954;

(c) any reference to the Treasury shall be construed as a reference to the Ministry of Finance for Northern Ireland;

(d) any reference to Parliament shall be construed as a reference to the Parliament of Northern Ireland;

[F24 (dd) in section 2(1) and in section 2(1D) any reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland; and in section 2(1C), for the words from “and any such power” onwards there shall be substituted the words “and any order under this section shall be subject to negative resolution within the meaning of section 41(6) of the M8 Interpretation Act (Northern Ireland) 1954”;]

(e) for section 3(3)(b) and (c) there shall be substituted the following, that is to say—

“(b) any board of conservators for a fishery district constituted under the Fisheries Acts (Northern Ireland) 1842 to 1954 and any statutory water undertaking within the meaning of the Water Supplies and Sewerage Act (Northern Ireland) 1945”;

(f) section 23(1) shall have effect as if the words “be made by statutory instrument and” were omitted;

(g) in section 24(6)—

(i) references to the Ministry of Power or to the Crown shall be construed as references respectively to the Ministry of Commerce for Northern Ireland or to the Crown in right of Her Majesty’s Government in Northern Ireland;

(ii) for the words from “and any sums” onwards there shall be substituted the words “and any sums so repaid to the Ministry of Commerce shall be treated as part of the revenues of that Ministry”;

[F25 (gg) In section 24A —

(i) references to the Health and Safety Executive shall be construed as references to the Department of Economic Development;

(ii) references to the Health and Safety Commission shall be construed as references to the Health and Safety Agency for Northern Ireland;

(iii) references to the M9 Health and Safety at Work etc. Act 1974 shall be construed as references to the M10 Health and Safety at Work (Northern Ireland) Order 1978; and

(iv) in subsection (1)(b), for the words “at the direction” there shall be substituted the words “on the recommendation”.]

(h) in [F26 Schedule 2], any reference to a master of the Supreme Court or to the High Court shall be construed respectively as a reference to the taxing master of the Supreme Court of Northern Ireland or to a judge of the High Court of Justice in Northern Ireland.

(2) In the application to Northern Ireland of any provision of this Act other than the designated provisions—

(a) any reference to the Minister shall be construed as a reference to the Minister of Power;

(b) any reference to an enactment of the Parliament of the United Kingdom shall be construed as a reference to that enactment as it applies in Northern Ireland;

(c) any reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland.

(3) In relation to a department of the Government of Northern Ireland using any site as mentioned in section 9 of this Act—

(a) references in this Act to the Crown shall be construed as references to the Crown in right of Her Majesty’s Government in Northern Ireland;

(b) references in this Act to the Minister in charge of that department shall be construed as references to the Minister of the Government of Northern Ireland so in charge.

(4) In the application to Northern Ireland of section 21(5) of this Act, the reference to Part VI of the M11 Road Traffic Act 1960 shall be construed as a reference to Part II of the M12 Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 as amended or re-enacted (with or without modification) by any subsequent enactment of the Parliament of Northern Ireland for the time being in force.

(5) Proceedings in respect of any offence under this Act shall not be instituted in Northern Ireland except—

(a) in the case of an offence under any of the designated provisions, by the said Minister of Commerce; or

(b) in the case of any other offence, by the Minister of Power; or

(c) in either case, by or with the consent of the Attorney General for Northern Ireland.

(6) Nothing in this Act shall authorise any department of the Government of Northern Ireland to incur any expenses attributable to the provisions of this Act until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F22 “to 24A” substituted (N.I.) for “to 24” by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(2)(a)

F23 Words substituted by Atomic Energy Authority Act 1971 (c. 11), s. 17(4)(a)

F24 S. 27(1)(dd) added by Atomic Energy Authority Act 1971 (c. 11), s. 17(4)(b)

F25 S. 27(1) (gg) inserted (N. I.) by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(2)(b)

F26 Words substituted by Atomic Energy Authority Act 1971 (c. 11), s. 17(4)(c)

F27 S. 27(7) repealed by Northern Ireland Constitution Act 1973 (c. 36) , s. 41(1) , Sch. 6 Pt. I

Marginal Citations

M7 1954 c. 33 (N.I.)

M8 1954 c. 33 (N.I.)

M9 1974 c.37 (43:3).

M10 S.I. 1978/1039 (N.I. 9)

M11 1960 c. 16 .

M12 1930 c. 24 (N.I.)

28 Channel Islands. Isle of Man, etc. U.K.

(1) Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the Channel Islands, to the Isle of Man or to any other territory outside the United Kingdom for the international relations of which Her Majesty’s Government in the United Kingdom are responsible.

(2) Any Order in Council made by virtue of this section may be varied or revoked by any subsequent Order in Council so made.

Modifications etc. (not altering text)

C16 S. 28 extended by Energy Act 1983 (c. 25, SIF 44:1), s. 33

C17 S. 28 extended (E.W.)(N.I.) by Congenital Disabilities (Civil Liability) Act 1976 (c. 28), s. 4(6)

29 Repeals and savings. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(2) Anything done under or by virtue of any enactment repealed by this Act shall be deemed for the purposes of this Act to have been done under or by virtue of the corresponding provision of this Act, and anything begun under any of the enactments so repealed may be continued under the corresponding provision of this Act.

(3) So much of any enactment or document as refers expressly or by implication to any enactment repealed by this Act shall, if and so far as the context permits, be construed as a reference to this Act or the corresponding enactment therein.

(4) Nothing in this section shall be construed as affecting the general application of section 38 of the M13 Interpretation Act 1889 with respect to the effect of repeals.

Textual Amendments

F28 S. 29(1) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

Marginal Citations

M13 1889 c. 63.

30 Short title and commencement. U.K.

(1) This Act may be cited as the Nuclear Installations Act 1965.

(2) This Act shall come into force on such day as Her Majesty may by Order in Council appoint; and a later day may be appointed for the purposes of section 17(5) than that appointed for the purposes of the other provisions of this Act.

Modifications etc. (not altering text)

C18 S. 30(2): power of appointment conferred by section 30(2) fully exercised: Act wholly in force by virtue of S.I. 1965/1880, Energy Act 1983 (c. 25, SIF 44:1), s. 37(3) and S.I. 1983/790