In the M1Nuclear Installations Act 1965 (hereafter in this Act referred to as “the principal Act”), in section 12 (which relates to the right to compensation in respect of certain injury or damage) after subsection (3) there shall be inserted the following subsection:—
“(3A)Subject to subsection (4) of this section, where damage to any property has been caused which was not caused in breach of a duty imposed by section 7, 8, 9 or 10 of this Act but which would have been caused in breach of such a duty if in subsection (1)(a) or (b) of the said section 7 the words “other than the licensee” or in subsection (1) of the said section 10 the words “other than that operator” had not been enacted, no liability which, apart from this subsection, would have been incurred by any person in respect of that damage shall be so incurred except—
(a)in pursuance of an agreement to incur liability in respect of such damage entered into in writing before the occurence of the damage; or
(b)where the damage was caused by an act or omission of that person done with intent to cause injury or damage”;
and in subsection (4) of the said section 12 (which provides that nothing in subsection (1)(b) of that section shall affect certain enactments giving effect to international agreements with respect to the carriage of goods) after the words “subsection (1)(b)” there shall be inserted the words “or in subsection (3A)”.
Modifications etc. (not altering text)
C1The text of ss. 1, 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations