Nuclear Installations Act 1965

4 Attachment of conditions to licences. U.K.

(1) The Minister by instrument in writing shall on granting any nuclear site licence, and may from time to time thereafter, attach to the licence such conditions as may appear to the Minister to be necessary or desirable in the interests of safety, whether in normal circumstances or in the event of any accident or other emergency on the site, which conditions may in particular include provision—

(a) for securing the maintenance of an efficient system for detecting and recording the presence and intensity of any ionising radiations from time to time emitted from anything on the site or from anything discharged on or from the site;

(b) with respect to the design, siting, construction, installation, operation, modification and maintenance of any plant or other installation on, or to be installed on, the site;

(c) with respect to preparations for dealing with, and measures to be taken on the happening of, any accident or other emergency on the site;

(d) without prejudice to sections [F1 sections 13 and 16 of the Radioactive Substances Act 1993], with respect to the discharge of any substance on or from the site.

(2) The Minister may at any time by instrument in writing attach to a nuclear site licence such conditions as the Minister may think fit with respect to the handling, treatment and disposal of nuclear matter.

(3) The Minister may at any time by a further instrument in writing vary or revoke any condition for the time being attached to a nuclear site licence by virtue of this section.

[F2 (3A) The Health and Safety Executive shall consult the appropriate Agency—

(a) before attaching any condition to a nuclear site licence in respect of a site in Great Britain, or

(b) before varying or revoking any condition attached to such a nuclear site licence,

if the condition relates to or affects the creation, accumulation or disposal of radioactive waste, within the meaning of the M1 Radioactive Substances Act 1993.]

(4) While a nuclear site licence remains in force in respect of any site, the Minister shall consider any representations by any organisation representing persons having duties upon the site which may from time to time be made to him with a view to the exercise by him in relation to the site of any of his powers under the foregoing provisions of this section.

(5) At all times while a nuclear site licence remains in force, the licensee shall cause copies of any conditions for the time being in force under this section to be kept posted upon the site, and in particular on any part thereof which an inspector may direct, in such characters and in such positions as to be conveniently read by persons having duties upon the site which are or may be affected by those conditions.

(6) Any person who contravenes subsection (5) of this section, and, in the event of any contravention of any condition attached to a nuclear site licence by virtue of this section, the licensee and any person having duties upon the site in question by whom that contravention was committed, shall be guilty of an offence [F3 and 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;]

and any person who without reasonable cause pulls down, injures or defaces any document posted in pursuance of the said subsection (5) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F4 level 1 on the standard scale][F5 level 2 on the standard scale]

Textual Amendments

F1 Words in s. 4(1)(d) substituted (27.8.1993) by 1993 c. 12, ss. 42, 49(1), 51(2), Sch. 4 para. 2 (with s. 46).

F2 S. 4(3A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25 , s. 120(1) , Sch. 22 , para. 8 , (with ss. 7(6), 115, 117); S.I. 1996/186 , art.3

F3 Words repealed (E.W.)(S.) by S.I. 1974/2056

F4 Words substituted by virtue of S.I. 1984/703 (N.I. 3) , arts. 5 , 6

F5 Words substituted (E.W.S.) by virtue of (E. W.) Criminal Justice Act 1982 (c. 48, SIF 39:1) , ss. 38 , 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) , ss. 289F , 289G

Modifications etc. (not altering text)

C1 S. 4 modified (N.I.) by S.I. 1978/1039 (N.I. 9) , arts. 2(2) , 3 , Sch. 1

C2 S. 4 amended by S.I. 1988/1222 , regs. 3 , 4 ; 1990/1380, arts. 3, 4

C3 S. 4 amended (E.W.)(S.) with the substitution for references to the Minister of references to the Health and Safety Executive by S.I. 1974/2056

S. 4 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

C4 S. 4 modified (7.3.1994) by S.R. 1994/1 , reg. 3

Marginal Citations

M1 1993 c. 12.