Duty of licensee, etc., in respect of nuclear occurrences
7 Duty of licensee of licensed site.
F21
Subject to subsection (4), where a nuclear site licence has been granted in respect of a site, the licensee has the duties set out in subsections (1A), (1C) and (1E).
1A
It is the duty of the licensee to secure that no occurrence involving nuclear matter falling within subsection (1B) causes—
a
injury to any person,
b
damage to any property of any person other than the licensee, or
c
significant impairment of the environment,
being injury, damage or impairment that arises out of or results from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter.
1B
The occurrences referred to in subsection (1A) are—
a
any occurrence on the licensed site involving nuclear matter during the period of the licensee’s responsibility;
b
any occurrence elsewhere than on the licensed site involving nuclear matter that is not excepted matter and which, at the time of the occurrence, satisfies the requirement mentioned in section 7A(1).
1C
It is the duty of the licensee to secure that no occurrence involving the emission of ionising radiations falling within subsection (1D) causes—
a
injury to any person,
b
damage to any property of any person other than the licensee, or
c
significant impairment of the environment,
being injury, damage or impairment that arises out of or results from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of the source of the emissions.
1D
The occurrences referred to in subsection (1C) are—
a
an emission of ionising radiations during the period of the licensee’s responsibility from anything caused or suffered by the licensee to be on the site which is not nuclear matter;
b
a discharge on or from the site of waste, being waste (of any form) that emits ionising radiations but is not nuclear matter, during the period of the licensee’s responsibility.
1E
It is the duty of the licensee to secure that no event happens that creates a grave and imminent threat of a breach of the duty under subsection (1A) or (1C).
F32
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F43
In determining the liability of the licensee of a licensed site by virtue of subsection (1A) or (1C) in respect of an occurrence, any such property as is mentioned in subsection (3B) which is on that site at the time of the occurrence is to be deemed to be the property of the licensee, notwithstanding that it is the property of some other person.
3A
In determining the liability of the licensee of a licensed site by virtue of subsection (1E) in respect of an event, any such property as is mentioned in subsection (3B) which is on that site at the time of the event is to be deemed to be the property of the licensee, notwithstanding that it is the property of some other person.
3B
The property referred to in subsections (3) and (3A) is—
a
a nuclear installation;
b
property other than a nuclear installation which is on the licensed site for the purpose of being used in connection with the operation, or the cessation of the operation, by the licensee of a nuclear installation which is or has been on that site;
c
property other than a nuclear installation which is on the licensed site for the purpose of the construction of a nuclear installation on that site;
d
an installation for the disposal of nuclear matter.
F14
Section 8 of this Act shall apply in relation to sites occupied by the Authority.