Textual Amendments
F1Ss. 11A-11F and cross-heading inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 8(1) (with art. 40)
(1)Where as a result of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 there is significant impairment of the environment, a qualifying public authority may make a claim under this Act for compensation in respect of the reasonable cost of relevant measures of reinstatement relating to that impairment.
(2)Subsection (1) is subject to subsection (3) and sections 11B and 11D.
(3)Compensation is not payable by virtue of a claim under subsection (1) in respect of the cost of measures of reinstatement that benefit or would benefit property if the property is such that damage to it would not constitute damage in breach of a duty imposed by—
(a)section 7 (see section 7(1A)(b), (1C)(b), (3) and (3A)),
(b)section 7B (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 7B),
(c)section 8 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 8),
(d)section 9 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 9), or
(e)section 10 (see section 10(1)(b)),
as the case may be.
(4)A public authority is a qualifying public authority, in relation to a particular significant impairment of the environment, if it may in the exercise of its functions—
(a)take, or arrange for the taking of, measures of reinstatement relating to that impairment of the environment, or
(b)pay (otherwise than under this Act) costs incurred by another public authority in taking, or arranging for the taking of, measures of reinstatement relating to that impairment.
(5)A measure of reinstatement relating to a significant impairment of the environment is a relevant measure of reinstatement relating to that impairment if, or to the extent that, it is a measure reasonably taken for the purpose of—
(a)reinstating or restoring what has been destroyed or damaged in the environment, or
(b)establishing the equivalent of what has been destroyed or damaged in the environment.
(6)A measure of reinstatement is reasonably taken for the purposes of this section if taking that measure is appropriate and proportionate in the circumstances.
(7)A reference in this section to the environment is a reference to the environment within the territorial limits of the United Kingdom, in or above the exclusive economic zone of the United Kingdom or on the continental shelf of the United Kingdom.
(8)In this section and sections 11B, 11D and 11E—
“holder of a public office” means—
a person holding an office under the Crown,
a person holding an office created or continued in existence by a public general Act or by legislation passed by the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly, or
a person holding an office the remuneration in respect of which is paid out of money provided by Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly;
“local authority” means—
in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
in relation to Scotland, a council constituted under section 2(1) of the Local Government etc. (Scotland) Act 1994,
in relation to Wales, a county council, a county borough council or a community council, or
in relation to Northern Ireland, a district council;
“public authority” means a holder of a public office or a public body in the United Kingdom;
“public body” includes a government department (including the Welsh Assembly Government, any part of the Scottish Administration and a Northern Ireland department) and a local authority.]