Atomic Weapons Establishment Act 1991

1 Arrangements for the carrying on of certain activities. E+W

(1) This Act applies in relation to such activities, carried on at such premises, as may be designated by the Secretary of State by order; and in this Act, in relation to any designated premises—

• “the qualified employees” means the persons who are employed in the civil service of the Crown in or in connection with the undertaking on such day as the Secretary of State appoints by order;

• “the undertaking” means the carrying on by the Secretary of State of designated activities at those premises.

(2) The activities that may be designated under subsection (1) above are any activities connected with the development, production or maintenance of nuclear devices or with research into such devices or their effects; and the premises that may be so designated are those which, when this Act comes into force, form part of the undertaking carried on by the Secretary of State and known as the Atomic Weapons Establishment.

(3) This Act shall apply if, as regards any designated premises, the Secretary of State makes arrangements—

(a) for a company to carry on designated activities at the premises under contract with him; and

(b) for that or another company—

(i) to become the employer of such of the qualified employees as are employees to whom the arrangements apply; and

(ii) to acquire from him rights in or over the premises or any part of them and any property used for the purposes of the undertaking,

with a view to their services and that property being made available for carrying on the designated activities at those premises;

and any reference in this subsection to a company includes a reference to a company formed by the Secretary of State.

(4) In this Act—

• [F1 “company” means a company as defined in section 1(1) of the Companies Act 2006 and “formed”, in relation to a company, includes the alteration of the company’s articles so as to add, remove or alter a statement of the company’s objects;]

• “contractor” means a company which carries on designated activities at designated premises under contract with the Secretary of State or, by making the services of employees or property available, enables such activities to be carried on at such premises, whether by a company or by the Secretary of State;

• “designated”, with reference to any activities or premises, means designated by an order under subsection (1) above.

(5) The power to make an order under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 1(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 122 (with art. 10)