The Nuclear Installations (Guernsey) (Variation) Order 1985

Article 2

SCHEDULE VARIATIONS TO THE NUCLEAR INSTALLATIONS (GUERNSEY) ORDER 1978

1.  In Article 2(2), after the words “Atomic Energy Authority Act 1971” there shall be inserted the words “, the Energy Act 1983”.

2.  After Article 3 there shall be inserted the following Article:—

“4.   Section 3 of the Congenital Disabilities (Civil Liability) Act 1976 shall extend to Guernsey with the following exceptions, adaptations and modifications, that is to say—

(a) any reference to an enactment shall be construed as a reference to that enactment as it has effect in Guernsey;

(b) subsection (1) shall be omitted;

(c) in subsection (2), for the words “that Act” there shall be substituted the words “the Nuclear Installations Act 1965”;

(d) in subsection (3)—

(i) for the words “any of sections 7 to 11” there shall be substituted the words “section 10 or 11”, and

(ii) for the words “nuclear site licensees” there shall be substituted the words “relevant operators”; and

(e) after subsection (5) there shall be inserted the following subsection:—

“(6) In this section:—

(a) references to a child being born disabled or with disabilities are to its being born with any deformity, disease or abnormality, including predisposition (whether or not susceptible of immediate prognosis) to physical or mental defect in the future; and

(b) “born” means born alive (the moment of a child's birth being when it first has a life separate from its mother), and “birth” has a corresponding meaning.”.”.”.

   

3.—(1) The Schedule shall be varied in accordance with the following provisions of this paragraph.

(2) After paragraph 18 there shall be inserted the following paragraph:—

“18A.   In section 17(5A), for the words “the United Kingdom” there shall be substituted the word “Guernsey”.”

(3) In paragraph 20, for the words “of £2,100,000” there shall be substituted the words “which is the equivalent in sterling (on the day, or first day, of that occurrence) of 5 million special drawing rights”.

(4) After paragraph 20 there shall be inserted the following paragraph:—

“20A.   In section 21(1A), for the words “The Secretary of State may with the approval of the Treasury” there shall be substituted the words “The Lieutenant-Governor may with the approval of the Secretary of State”.”

(5) In paragraph 23, after the words “21(4)” there shall be inserted the words “and (4A)”.

(6) After paragraph 39 there shall be inserted the following paragraphs:—

“39A.   Section 25A shall be omitted.

39B.   In section 25B—

(a) for the words “the Treasury” wherever they occur there shall be substituted the words “Her Majesty's Treasury”; and

(b) in subsection (3), the words from “and any fee” to the end shall be omitted.”