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(1)Without prejudice to the requirements of any other Act, no person . . . F1shall 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 [F2and 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
F1Words repealed by S.I. 1990/1918, reg. 2, Sch. para. 1
F2Words repealed (E.W.)(S.) by S.I. 1974/2056
F3S. 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)
C1S. 1 modified (N.I.) by S.I. 1978/1039 (N.I. 9), arts. 2(2), 3, Sch. 1
C2S. 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
C3S. 1 modified (E.W.) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), s. 3, Sch. para. 6(1)
C4S. 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)
C5S. 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
C6S. 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