Nuclear Installations Act 1965

3 (1) Every site to which a permit applies shall, for the purposes of section 3(c) of the M1 Official Secrets Act 1911 (which provides that places belonging to or used for the purposes of Her Majesty may be declared by order of the Secretary of State to be prohibited places for the purposes of that Act), be deemed to be a place belonging to or used for the purposes of Her Majesty. U.K.

(2) No person other than—

(a) a constable acting in the execution of his duty as such, or

(b) an officer of customs and excise or inland revenue, acting in the execution of his duty as such, [F1 or

(bb) a person designated as an inspector of the International Atomic Energy Agency under article 85 of the Agreement made on 6th September 1976 for the application of Safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (Cmnd. 6730)] [F2 or under Article 11 of the Additional Protocol (within the meaning of the Nuclear Safeguards Act 2000)]or

(c) an inspector appointed under section 24 of this Act, or

[F3 (cc) an inspector appointed under section 19 of the M2 Health and Safety at Work etc. Act 1974 and specially authorised in that behalf by or on behalf of a Minister of the Crown, or ]

(d) an officer of any government department specially authorised in that behalf by or on behalf of a Minister of the Crown [F4 or a member of the staff of the Scottish Administration specially authorised in that behalf by or on behalf of the Scottish Ministers],

shall, except with the consent of the specified body corporate and in accordance with any conditions imposed by them, be entitled to exercise any right of entry (whether arising by virtue of any statutory provision or otherwise) upon any site which is for the time being declared to be a prohibited place by virtue of an order made under the said section 3(c) as extended by the preceding subparagraph:

Provided that any person aggrieved by a refusal of the specified body corporate to consent to, or by conditions imposed by that body on, the exercise of any such right of entry may apply to the Minister who may, if he thinks fit, himself authorise the exercise of the right subject to such conditions, if any, as he may think fit to impose.

Textual Amendments

F1 “or” and para. (bb) added at the end of para. (b) by Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25, SIF 8), s. 2(3)(a)

F2 Words in Sch. 1 para. 3(2)(bb) inserted (1.5.2004) by Nuclear Safeguards Act 2000 (c. 5), ss. 11(2), 12(2) (with s. 12(3)); S.I. 2004/1242, arts. 2, 3

F3 Para. 3(2)(cc) added (E.W.)(S.) by S.I. 1974/2056

F4 Words in Sch. 1 para. 3(2)(d) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 38(5) (with art. 5); S.I. 1998/3178, art. 3

Marginal Citations

M1 1911 c. 28.

M2 1974 c. 37.