Part 1The Civil Nuclear Industry

Chapter 1Nuclear decommissioning

Supplementary provisions of Chapter 1 of Part 1

I1I236Meaning of “nuclear site” etc. and “person with control”

1

In this Chapter “nuclear site” means a principal nuclear site or a contaminated site.

2

In this Chapter—

  • “contaminated site” means the whole or a part of a site which is not a principal nuclear site but—

    1. a

      has been and remains contaminated (whether radioactively or chemically) as a result of nuclear activities; or

    2. b

      is the location of hazardous material;

  • “principal nuclear site” means the whole or a part of a site of any of the following descriptions—

    1. a

      a site in respect of which a nuclear site licence is or is required to be in force;

    2. b

      a site in respect of which such a licence would be required to be in force if the licensing requirements of the 1965 Act applied to the Crown;

    3. c

      a site not falling within paragraph (a) or (b) in or on which there is an NDA facility;

    4. d

      a site on which there is an installation used for practical research into the production of energy by the fusion of atomic nuclei;

    5. e

      a site which has been a site falling within paragraphs (a) to (d) but which, without being such a site, remains contaminated (whether radioactively or chemically) as a result of nuclear activities carried on while it was such a site or before it became one.

3

References in this Chapter to the person with control of an installation, site or facility are references—

a

in the case of—

i

a site in relation to which a nuclear site licence is held by a person whose period of responsibility (within the meaning of the 1965 Act) is still current, or

ii

a nuclear installation in or on such a site,

to that person;

b

in the case of an installation or site which—

i

is an installation in or on a site occupied by or on behalf of the Crown or is itself such a site, and

ii

is an installation or site in the case of which there is a person appointed by an order made by the Secretary of State to be the person with control,

to that person;

c

in the case of a facility which—

i

is not an installation to which paragraph (a) or (b) applies; but

ii

is operated on a single site to which one of those paragraphs does apply,

to the person with control of the site;

d

in the case of an installation or facility which—

i

is not an installation or facility to which paragraph (a), (b) or (c) applies; but

ii

is operated on a single site by a person who (without being the owner of the site) is in occupation of it,

to the occupier of the site;

e

in the case of a facility which is operated otherwise than on a single site, to the operator of the facility;

f

in the case of anything in or under the territorial sea adjacent to the United Kingdom, to the Secretary of State;

g

in the case of a site to which none of the preceding paragraphs applies, to the owner of the site;

h

in the case of an installation or facility to which none of those paragraphs applies, to the occupier of the site where the installation or facility is located.

4

An order for the purposes of subsection (3)(b) is subject to the negative resolution procedure.

5

For the purposes of this section something is contaminated as a result of nuclear activities if the contamination (whenever occurring), or any of it, is the direct or indirect result of one or more of the following—

a

activities carried on in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

b

the storage or disposal of any matter or substance in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

c

an incident occurring in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

d

the discharge of anything from an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

e

the transportation of hazardous material to or from a principal nuclear site or an installation or facility in or on such a site;

f

an incident affecting hazardous material being transported to or from a principal nuclear site or an installation or facility in or on such a site.