- Latest available (Revised)
- Point in Time (07/02/2023)
- Original (As enacted)
Version Superseded: 10/09/2024
Point in time view as at 07/02/2023. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Nuclear Installations Act 1965, Section 1 is up to date with all changes known to be in force on or before 07 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)No person may use a site for the purpose of installing or operating—
(a)any nuclear reactor (other than a nuclear reactor comprised in a means of transport, whether by land, water or air), or
(b)any other installation of a prescribed kind,
unless a licence to do so has been granted in respect of the site by the appropriate national authority and is in force.
(2)Such a licence is referred to in this Act as a “nuclear site licence”.
(3)The only kinds of installation that may be prescribed under subsection (1)(b) are installations (other than nuclear reactors) designed or adapted for—
(a)producing or using atomic energy,
(b)any process which—
(i)is preparatory or ancillary to producing or using atomic energy, and
(ii)involves, or is capable of causing, the emission of ionising radiations, or
(c)storing, processing or disposing of—
(i)nuclear fuel, or
(ii)bulk quantities of other radioactive matter which has been produced or irradiated in the course of the production or use of nuclear fuel.
(4)Regulations under subsection (1)(b) may make provision for exempting an installation from subsection (1).
(5)Regulations made by virtue of subsection (4)—
(a)may provide for any exemption to be conditional;
(b)may not result in an installation being exempt from subsection (1) unless the Secretary of State is satisfied that it is not a relevant installation (or, in the case of a conditional exemption, would not be a relevant installation if the prescribed conditions were satisfied).
(6)Before exercising any function under subsection (1)(b), (4) or (5) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers.
(7)Any person who contravenes subsection (1) is guilty of an offence.
[F2(7A)A person convicted of an offence under subsection (7) in England and Wales is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.]
(8)A person convicted of an offence under subsection (7) in F3... Scotland is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding 12 months, F4... or a fine not exceeding £20,000 F5..., or both.
(9)A person convicted of an offence under subsection (7) in Northern Ireland is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both;
(b)on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both.
(10)In relation to an offence committed before [F62 May 2022], the reference to [F7the general limit in a magistrates’ court] in subsection [F8(7A)(b)], as it has effect in England and Wales, is to be read as a reference to 6 months.
(11)Subsection (1) is subject to section 47 of the Energy Act 2008 (prohibition in England and Wales and Northern Ireland on use of site in absence of approved funded decommissioning programme).]
Textual Amendments
F1S. 1 substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 17; S.I. 2014/251, art. 4
F2S. 1(7A) inserted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(2)(a)
F3Words in s. 1(8) omitted (E.W.) (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(2)(b)
F4Words in s. 1(8)(b) omitted (E.W.) (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(2)(c)
F5Words in s. 1(8)(b) omitted (E.W.) (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(2)(c)
F6Words in s. 1(10) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F7Words in s. 1(10) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F8Word in s. 1(10) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 3(2)(d)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: