Atomic Energy Authority Act 1954

SCHEDULES

FIRST SCHEDULE U.K. Provisions as to the United Kingdom Atomic Energy Authority

1 U.K. The Authority shall be a body corporate with perpetual succession and a common seal and power to hold land without licence in mortmain.

2 U.K. The Authority may act notwithstanding a vacancy among their members.

3 U.K. The quorum of the Authority shall be three or such number, not being less than three, as the Authority may from time to time determine.

F1 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Para. 4 repealed (5.10.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 23 Pt. 1; S.I. 2004/2575, art. 2(1), Sch. 1

5 (1) A member of the Authority who is in any way directly or indirectly interested in a contract made or proposed to be made by the Authority shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the Authority. U.K.

(2) Any disclosure made under sub-paragraph (1) of this paragraph shall be recorded in the minutes of the Authority and the member—

(a) shall not take part after the disclosure in any deliberation or decision of the Authority with respect to that contract; and

(b) shall be disregarded for the purpose of constituting a quorum of the Authority for any such deliberation or decision.

6 U.K. Subject to the preceding provisions of this Schedule the Authority may regulate their own procedure.

7 (1) The Authority shall appoint a secretary and may appoint such other officers and take into their employment such other persons as they may determine. U.K.

(2) The Authority shall—

(a) pay to their officers and other persons employed by them such remuneration as the Authority may determine; and

(b) as regards any officers or persons employed in whose case it may be determined by the Authority with the approval of the Lord President of the Council so to do, pay to or in respect of them such pensions, or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

(3) Where any officer of or person employed by the Authority, being a participant in any pension scheme applicable to his office or employment, becomes a member of the Authority, he may be treated for the purposes of the pension scheme as if his service as a member of the Authority were service as a officer of or person employed by the Authority, and his rights under the scheme shall not be affected by any provision of this Act which requires that the pensions or payments towards the provision of pensions to be paid or made in the case of members of the Authority shall be determined by the Lord President of the Council with the approval of the Treasury.

(4) Except with the consent of the Lord President of the Council, the Authority shall not terminate on security grounds the employment of any officer of, or person employed by, the Authority.

In this sub-paragraph the expression “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.

Modifications etc. (not altering text)

C1 Para. 7(2) extended by Radiological Protection Act 1970 (c. 46), s. 2(3), Sch. 1 para. 13(3); Functions of Treasury under para. 7(3) now again exercisable by Treasury: S.I. 1968/1656 and 1981/1670, art. 2(1)(c)

C2 Para. 7(2)(b) modified (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 1 para. 6; S.I. 2004/1973, art. 2, Sch.

8 U.K. The application of the seal of the Authority shall be authenticated by the signatures of the chairman or some other member of the Authority authorised by the Authority to authenticate the application of the seal thereof, and of the secretary of the Authority or some person authorised by the Authority to act in his stead in that behalf.

9 U.K. Every document purporting to be an instrument issued by the Authority and to be sealed as aforesaid or to be signed on behalf of the Authority shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

Section 2.

SECOND SCHEDULE U.K. Transfer of property rights and liabilities from the Lord President of the Council to the Authority

1 U.K. The property held immediately before the appointed day by the Lord President of the Council for the purposes of his activities under subsection (1) of section two of the M1 Atomic Energy Act 1946 and subsection (1) of section one of the M2 Radioactive Substances Act 1948 and the rights and liabilities enjoyed by him or incumbent on him immediately before the appointed day in connection with those activities are hereby transferred as from the appointed day to the Authority:

Provided that this paragraph shall not apply to any property, rights or liabilities acquired or incurred under any pension scheme.

Marginal Citations

M1 1946 c. 80.

M2 1948 c. 37.

2 U.K. Any instrument shall, so far as may be necessary for or in consequence of the transfer effected by paragraph 1 of this Schedule, have effect as if references to, or which are to be construed as references to, the Lord President of the Council or any department or organisation maintained by him for the purposes of his functions under the M3 Atomic Energy Act 1946 and the M4 Radioactive Substances Act 1948 were or, as the case may require, included references to the Authority and their organisation.

Marginal Citations

M3 1946 c. 80.

M4 1948 c. 37.

F2 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. SECOND para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1

4 U.K. A certificate issued by the Lord President of the Council that any property vested in the Lord President of the Council immediately before the appointed day was or was not transferred to the Authority by paragraph 1 of this Schedule shall be conclusive evidence that that property was or was not so transferred.

Sections 6, 9.

THIRD SCHEDULE U.K. Adaptations and Modifications of Enactments

Modifications etc. (not altering text)

C3 The text of Sch. 3 is in the form in which it was originally enacted: it was not wholly reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Atomic Energy Act 1946 U.K.

In subsection (1) of section seven after the words “vesting in him” there shall be inserted—

(a) in the first place where those words occur, the words “or in the United Kingdom Atomic Energy Authority”;

(b) in the second place where those words occur, the words “or the said Authority”.

Sections ten and eleven shall not apply to anything done by or to the Authority.

In section twelve, in subsection (2), after the word “inspect” there shall be inserted the words “or authorise the United Kingdom Atomic Energy Authority to inspect”, and in subsection (7), after the words “the Minister” there shall be inserted the words “or the United Kingdom Atomic Energy Authority”.

In section thirteen, after the words “the Minister” there shall be inserted the words “or the United Kingdom Atomic Energy Authority”.

At the end of section sixteen there shall be added the following proviso— “ Provided that any compensation required to be paid by an order made under section seven of this Act vesting any roght in the United Kingdom Atomic Energy Authority shall be paid by that Authority ”

In paragraph (c) of section nineteen after the words “vesting in the Minister” there shall be inserted the words “or in the United Kingdom Atomic Energy Authority”.

Enactments relating to Official Secrets and Protection of Property U.K.

. . . F3

Textual Amendments

F3 Words repealed by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(4), Sch. 2

Section three of the M5 Special Constables Act 1923, as extended by paragraph 1 of the Second Schedule to the M6 Emergency Laws (Miscellaneous Provisions) Act 1947, shall apply as if any premises in the possession or under the control of the Authority were premises in the possession or under the control of the Minister of Supply, [F4 and, in relation to those premises, the Authority may make nominations under that section.]

Textual Amendments

F4 Words substituted by Ministry of Defence Police Act 1987 (c. 4, SIF 95), s. 7(3)

Modifications etc. (not altering text)

C4 Functions of Minister of Supply under this Act now exercisable by Secretary of State: 1959/1768 (1959 I, p 1793), 1967/155, 1970/1537 and 1971/719

Marginal Citations

M5 1923 c. 11.

M6 1947 c. 10 (11 & 12 Geo. 6).

For the purposes of section two of the M7 Metropolitan Police Act 1860, any property of the Authority shall be deemed to be property of the Crown [F5 ; and in this paragraph property of the Authority includes property which (though not owned by them) is in their possession or under their control and property which has been unlawfully removed from their possession or control.]

Textual Amendments

F5 Words added by Atomic Energy Authority (Special Constables) Act 1976 (c. 23), s. 2(3)

Marginal Citations

M7 1860 c. 135.

For the purposes of section six of the M8 Public Stores Act 1875, any person appointed under the M9 Special Constables Act 1923, as extended as aforesaid, to be a special constable within any premises which are in the possession or under the control of the Authority shall be deemed to be a constable deputed by a public department and any goods and chattels belonging to or in the possession of the Authority shall be deemed to be Her Majesty’s stores.

Marginal Citations

M8 1875 c. 25.

M9 1923 c. 11.

Other Enactments U.K.

In section ninety-seven of the M10 Explosives Act 1875 references to a department of the Government, except the second such reference in paragraph (5) of that section, shall be construed as including references to the Authority.

For the purposes of Part II of the M11 Military Lands Act 1892 (as applied by the Ministry of Supply (Transfer of Powers) (No. 1) Order 1939 subsection (2) of section two of the M12 Atomic Energy Act 1946 and Article 3 of the Transfer of Functions (Atomic Energy and Radioactive Substances) Order 1953)—

(a) any land vested in or under the management of the Authority shall be deemed to be land vested in or under the management of the Lord President of the Council;

(b) any right of the Authority to use land vested in another person shall be deemed to be a right of the Lord President of the Council; and

(c) the purposes of the Authority shall be deemed to be purposes of a department or organisation maintained by the Lord President of the Council for the purposes of the functions transferred to him under the Transfer of Functions (Atomic Energy and Radioactive Substances) Order 1953.

For the purposes of the Factories Acts 1937 and 1948 any premises belonging to or in the occupation of the Authority and any building operations or works of engineering construction undertaken by or on behalf of the Authority shall be deemed to be premises belonging to or in the occupation of the Crown or, as the case may be, to be operations or works undertaken by or on behalf of the Crown.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

In subsection (2) of section forty-six of the M13 Patents Act 1949 after the words “Government department” there shall be inserted the words “or the United Kingdom Atomic Energy Authority”.

Textual Amendments

F6 Words repealed by Industrial Expansion Act 1968 (c. 32), Sch. 4

Marginal Citations

M10 1875 c. 17.

M11 1892 c. 43.

M12 1946 c. 80.

M13 1949 c. 87.