2004 No. 1289

NUCLEAR SAFEGUARDS

The Nuclear Safeguards (Isle of Man) Order 2004

Made

Coming into force

At the Court at Buckingham Palace, the 6th day of May 2004

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 12(4) of the Nuclear Safeguards Act 20001, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1

This Order may be cited as the Nuclear Safeguards (Isle of Man) Order 2004 and shall come into force on 7th May 2004.

2

1

The provisions of the Nuclear Safeguards and Electricity (Finance) Act 19782 shall extend to the Isle of Man with the modifications specified in Schedule 1 to this Order.

2

The provisions of the Nuclear Safeguards Act 2000 shall extend to the Isle of Man with the modifications specified in Schedule 2 to this Order.

A.K. GallowayClerk of the Privy Council

SCHEDULE 1Modifications of the Nuclear Safeguards and Electricity (Finance) Act 1978 in its Extension to the Isle of Man

Article 2(1)

1

In section 1(1), for “the United Kingdom” (first reference) substitute “the Isle of Man”.

2

In section 2—

a

omit subsection (3);

b

in subsections (4A)(b)3 and (5)(b) (both places), for “indictment” substitute “information”;

c

in subsection (8)4, for “Secretary of State” substitute “Department of Local Government and the Environment”;

3

In section 3—

a

in subsection (1)—

i

for “Secretary of State” substitute “Council of Ministers”; and

ii

for “him” substitute “it”;

b

in subsection (1)(a), for “United Kingdom” substitute “Isle of Man”;

c

for subsection (3) substitute—

3

Regulations under this section shall not have effect unless they are approved by Tynwald.

4

Omit section 55.

5

Omit section 6(2).

SCHEDULE 2Modifications of the Nuclear Safeguards Act 2000 in its Extension to the Isle of Man

Article 2(2)

1

In section 1—

a

in subsection (1), in the definition of “authorised officer”, for “Secretary of State” substitute “Department”;

b

after that definition insert—

  • “Department” means the Department of Local Government and the Environment;

2

In section 2(1), (2) and (3)(a), for “Secretary of State” (in each place) substitute “Department”.

3

In section 3—

a

in subsection (1)—

i

for “Secretary of State” substitute “Council of Ministers”; and

ii

for “him” substitute “the Department” .

b

in subsections (2)(b), (3)(a) and (5), for “Secretary of State” substitute “Department”.

c

for subsection (4) substitute—

4

Regulations under this section shall not have effect unless they are approved by Tynwald.

4

In section 4—

a

in subsections (1)(a) and (b), (2) and (2)(a) and (c), for “Secretary of State” substitute “Department”;

b

omit subsection (4).

5

In section 5—

6

In subsection (1), for “United Kingdom” substitute “Isle of Man”;

7

1

In subsections (3)(a) and (b), for “Secretary of State” substitute “Council of Ministers” and omit the words “made by statutory instrument”; and

2

after subsection (3)(b) insert—

  • An order under paragraph (a) or (b) shall be laid before Tynwald as soon as may be after it is made.

8

In section 6(2)(f), after United Kingdom” insert “or the Isle of Man”.

9

In section 7, for “Secretary of State” (in each place) substitute “Department”.

10

In section 8(1), omit the words from “or (b)” to “paragraph (a) above,”.

11

In section 9—

a

in subsection (1)(b), for “indictment” substitute “information”;

b

for subsection (2)(b) substitute—

b

on conviction on information, to custody for a term not exceeding 2 years or to a fine (or both).

c

omit subsection (5).

12

In section 10(3)(a) and (b), after “United Kingdom” insert “or the Isle of Man”.

13

Omit section 11(1) and (2).

14

Omit section 12(2), (4) and (5).

(This note is not part of the Order)

This Order extends the Nuclear Safeguards and Electricity (Finance) Act 1978 and the Nuclear Safeguards Act 2000 to the Isle of Man with the modifications specified in Schedules 1 and 2 to the Order.