Atomic Energy Authority Act 1971

Sections 17 and 19.

SCHEDULE SCHEDULE TO BE INSERTED AS SCHEDULE 1 TO [1965 c. 57.] NUCLEAR INSTALLATIONS ACT 1965

SECURITY PROVISIONS APPLICABLE BY ORDER UNDER S.2

1 In this Schedule "the specified body corporate", in relation to an order made under section 2 of this Act, means the body corporate specified in that order, as being a body to whom the Minister has granted a permit as mentioned in subsection (1B) of that section, and " site to which a permit applies " means a site in respect of which a permit so granted to the specified body corporate is for the time being in force.

2 For the purposes of section 2 of the [1911 c. 28.] Official Secrets Act 1911, any office or employment under the specified body corporate shall be deemed to be an office under Her Majesty and any contract with the specified body corporate shall be deemed to be a contract made on behalf of Her Majesty.

3 (1) Every site to which a permit applies shall, for the purposes of section 3(c) of the Official Secrets Act 1911 (which provides that places belonging to or used for the purposes of Her Majesty may be declared by order of the Secretary of State to be prohibited places for the purposes of that Act), be deemed to be a place belonging to or used for the purposes of Her Majesty.

(2) No person other than—

(a) a constable acting in the execution of his duty as such, or

(b) an officer of customs and excise or inland revenue, acting in the execution of his duty as such, or

(c) an inspector appointed under section 24 of this Act, or

(d) an officer of any government department specially authorised in that behalf by or on behalf of a Minister of the Crown,

shall, except with the consent of the specified body corporate and in accordance with any conditions imposed by them, be entitled to exercise any right of entry (whether arising by virtue of any statutory provision or otherwise) upon any site which is for the time being declared to be a prohibited place by virtue of an order made under the said section 3(c) as extended by the preceding sub-paragraph :

Provided that any person aggrieved by a refusal of the specified body corporate to consent to, or by conditions imposed by that body on, the exercise of any such right of entry may apply to the Minister who may, if he thinks fit, himself authorise the exercise of the right subject to such conditions, if any, as he may think fit to impose.

4 (1) Section 3 of the [1923 c. 11.] Special Constables Act 1923 (which, as subsequently amended and extended, provides for the appointment of persons nominated by the Defence Council to be special constables within certain places and limits, and, in particular, in and within fifteen miles of premises in the possession or under the control of the Defence Council) shall have effect as if all premises in the occupation or under the control of the specified body corporate were premises under the control of the Defence Council.

(2) In relation to any premises in the occupation or under the control of the specified body corporate, the powers of nomination conferred on the Defence Council by that section as applied by sub-paragraph (1) of this paragraph shall be exercisable also by the Authority.

5 (1) The specified body corporate shall comply with any directions which the Minister may give to them for the purpose of safeguarding information in the interests of national security; and a direction under this sub-paragraph may in particular require the specified body corporate to terminate the employment of any person specified in the direction who is an officer of, or employed by, that body or may require that body not to appoint a person so specified to be an officer of, or to any employment under, that body.

(2) The specified body corporate shall also comply with any directions given to them by the Minister with respect to the safekeeping of material of any description specified in the directions, whether in the interests of national security or of safety.

(3) The Minister may with the approval of the Treasury make grants out of moneys provided by Parliament for reimbursing to the specified body corporate, in whole or in part, any expenses incurred by that body in complying with any directions given under sub-paragraph (1) of this paragraph and any directions given under sub-paragraph (2) of this paragraph with respect to the safe-keeping of material in the interests of national security.

6 (1) Except with the consent of the Minister the specified body corporate shall not terminate on security grounds the employment of any person employed by them.

(2) In this paragraph " security grounds " means grounds which are grounds for dismissal from the civil service of Her Majesty, in accordance with any arrangements for the time being in force relating to dismissals from that service for reasons of national security.

7 In the application of this Schedule to Northern Ireland—

(a) in paragraph 3(2)(d) the reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland; and

(b) in paragraph 4(1), for the reference to section 3 of the [1923 c. 11.] Special Constables Act 1923 there shall be substituted a reference to paragraph 1(2) of Schedule 2 to the [1947 c. 10. (11 & 12 Geo. 6.).] Emergency Laws (Miscellaneous Provisions) Act 1947.