ukpga/1965/57 — Nuclear Installations Act 1965

Nuclear Installations Act 1965 1965 c.57 An Act to consolidate the Nuclear Installations Acts 1959 and 1965. [5th August 1965] Control of certain nuclear installations and operations Restriction of certain nuclear installations to licensed sites 1 1 No person may use a site for the purpose of installing or operating— a any nuclear reactor (other than a nuclear reactor comprised in a means of transport, whether by land, water or air), or b any other installation of a prescribed kind, unless a licence to do so has been granted in respect of the site by the appropriate national authority and is in force. 2 Such a licence is referred to in this Act as a “nuclear site licence”. 2A Subsection (1) does not apply to a fusion energy facility. 2B In subsection (2A), “ fusion energy facility ” means a site that is— a used for the purpose of installing or operating any plant designed or adapted for the production of electrical energy or heat by fusion, and b not also used for the purpose of installing or operating a nuclear reactor. 3 The only kinds of installation that may be prescribed under subsection (1)(b) are installations (other than nuclear reactors) designed or adapted for— a producing or using atomic energy, b any process which— i is preparatory or ancillary to producing or using atomic energy, and ii involves, or is capable of causing, the emission of ionising radiations, or c storing, processing or disposing of— i nuclear fuel, or ii bulk quantities of other radioactive matter which has been produced or irradiated in the course of the production or use of nuclear fuel. 4 Regulations under subsection (1)(b) may make provision for exempting an installation from subsection (1). 5 Regulations made by virtue of subsection (4)— a may provide for any exemption to be conditional; b may not result in an installation being exempt from subsection (1) unless the Secretary of State is satisfied that it is not a relevant installation (or, in the case of a conditional exemption, would not be a relevant installation if the prescribed conditions were satisfied). 6 Before exercising any function under subsection (1)(b), (4) or (5) in or as regards Scotland, the Secretary of State must consult the Scottish Ministers. 7 Any person who contravenes subsection (1) is guilty of an offence. 7A A person convicted of an offence under subsection (7) in England and Wales is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both. 8 A person convicted of an offence under subsection (7) in ... Scotland is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding 12 months, ... or a fine not exceeding £20,000 ..., or both. 9 A person convicted of an offence under subsection (7) in Northern Ireland is liable— a on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both. 10 In relation to an offence committed before 2 May 2022 , the reference to the general limit in a magistrates’ court in subsection (7A)(b) , as it has effect in England and Wales, is to be read as a reference to 6 months. 11 Subsection (1) is subject to section 47 of the Energy Act 2008 (prohibition in England and Wales and Northern Ireland on use of site in absence of approved funded decommissioning programme). 12 In this section, “ site ” includes a site situated wholly or partly in or under the territorial sea adjacent to the United Kingdom. Prohibition of certain operations except under permit. 2 1 Notwithstanding that a nuclear site licence is for the time being in force or is not for the time being required in respect thereof, no person other than the Authority shall use any site— a for any treatment of irradiated matter which involves the extraction therefrom of plutonium or uranium; or b for any treatment of uranium such as to increase the proportion of the isotope 235 contained therein, except under, and in accordance with the terms of, a permit in writing . . . granted by the Authority or a government department and for the time being in force ; and any fissile material produced under such a permit shall be disposed of only in such manner as may be approved by the authority by whom the permit was granted. 1A A permit granted under this section, unless it is granted by the Minister, shall not authorise the use of a site as mentioned in paragraph (a) or paragraph (b) of the foregoing subsection otherwise than for purposes of research and development. 1B Where a permit granted under this section by the Minister to a body corporate authorises such a use of a site for purposes other than, or not limited to, research and development, the Minister may by order direct that the provisions set out in Schedule 1 to this Act shall have effect in relation to that body corporate. 1C Any power conferred by this section to make an order shall include power to vary or revoke the order by a subsequent order; and any such power shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 1D Any permit granted under this section by the Authority or by the Minister or any other government department may at any time be revoked by the Authority or by the Minister or that department, as the case may be, or may be surrendered by the person to whom it was granted. 2 Any person who contravenes subsection (1) of this section shall be guilty of an offence and be liable— a on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both; b on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding five years or to both. Nuclear site licences Grant and variation of nuclear site licences 3 1 A nuclear site licence— a may be granted only to a body corporate; b is not transferable. 2 The appropriate national authority must consult the appropriate environment authority before granting a nuclear site licence. 3 Two or more installations in the vicinity of one another may, if the appropriate national authority consider appropriate, be treated for the purposes of the grant of a nuclear site licence as being on the same site. 4 Subject to subsection (8), where an application is made for a nuclear site licence, the appropriate national authority may direct the applicant to serve a notice on any public authority specified in the direction. 5 For this purpose “ public authority ” includes— a in relation to a site in England or Wales, a water undertaker; b in relation to a site in Scotland, Scottish Water; c in relation to a site in Northern Ireland, a water undertaker (within the meaning of the Water and Sewerage Services) (Northern Ireland) Order 2006 ( S.I. 2006/3336 ( . 21)). 6 Such a notice must— a state that the application has been made, b give such particulars about the proposed use of the site under the licence as may be specified in the direction, and c state that the body on whom it is served may make representations about the application to the appropriate national authority within three months of the date of service. 7 Where a direction has been given under subsection (4), the appropriate national authority may not grant the licence unless it is satisfied that— a three months have passed since the service of the last of the notices required by the direction, and b the authority has considered any representations made in accordance with any of those notices. 8 Subsection (4) does not apply in relation to an application in respect of a site for a generating station where— a a consent under section 36 of the Electricity Act 1989 is required for the operation of the station (or would be required but for an order under the Planning Act 2008 granting development consent for the site or an order under the Infrastructure (Wales) Act 2024 granting infrastructure consent for the site ), or b a consent under Article 39 of the Electricity (Northern Ireland) Order 1992 is required for the operation of the station. 9 A nuclear site licence may include provision about when section 19(1) is to start to apply in relation to the licensed site. 10 But, if the licence relates to a site in England, Wales or Scotland, such a provision may be included only with the consent of the Secretary of State. 11 Where a nuclear site licence includes such a provision, section 19(1) does not apply in relation to the site until— a the time determined in accordance with the provision, or b if earlier, the time when the site is first used for the operation of a nuclear installation after the grant of the licence. 12 The appropriate national authority may from time to time vary a nuclear site licence by excluding from it any part of the licensed site— a which the licensee no longer needs for any use requiring such a licence, and b with respect to which the appropriate national authority is satisfied that there is no danger from ionising radiations from anything on that part of the site. 13 The appropriate national authority must consult the appropriate environment authority before varying a nuclear site licence if the variation relates to or affects the creation, accumulation or disposal of radioactive waste. 14 In subsection (13), “radioactive waste”— a in relation to a site in England or Wales, has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 ( S.I. 2016/1154 ) ; b in relation to a site in ...Northern Ireland, has the same meaning as in the Radioactive Substances Act 1993. c in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018. Attachment of conditions to licences 4 1 The appropriate national authority— a must, when it grants a nuclear site licence, attach to it such conditions as the authority considers necessary or desirable in the interests of safety, and b may attach such conditions to it at any other time. 2 For the purposes of subsection (1), “ safety ” in relation to a nuclear site includes— a safety in normal circumstances, and b safety in the event of any accident or other emergency on the site. 3 Conditions that may be attached to a licence by virtue of subsection (1) may in particular include provision— a for securing that an efficient system is maintained for detecting and recording the presence and intensity of any ionising radiations from time to time emitted from anything on the site or from anything discharged on or from the site; b with respect to the design, siting, construction, installation, operation, modification and maintenance of any plant or other installation on, or to be installed on, the site; c with respect to preparations for dealing with, and measures to be taken on the happening of, any accident or other emergency on the site; d without prejudice to sections 13 and 16 of the Radioactive Substances Act 1993 or to the Environmental Permitting (England and Wales) Regulations 2016 ( S.I. 2016/1154 ) , or to the Environmental Authorisations (Scotland) Regulations 2018 with respect to the discharge of any substance on or from the site. 4 The appropriate national authority may at any time attach to a nuclear site licence such conditions as the appropriate national authority may consider appropriate with respect to the handling, treatment and disposal of nuclear matter. 5 The appropriate national authority may at any time vary or revoke any condition for the time being attached to a nuclear site licence by virtue of this section. 6 The appropriate national authority must consult the appropriate environment authority before— a attaching any condition to a nuclear site licence, or b varying or revoking any condition attached to a nuclear site licence, if the condition relates to or affects the creation, accumulation or disposal of radioactive waste. 7 In subsection (6) “radioactive waste”— a in relation to a site in England or Wales, has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 ; b in relation to a site in ... Northern Ireland, has the same meaning as in the Radioactive Substances Act 1993; c in relation to a site in Scotland, has the same meaning as in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018. 8 Any power under this section to attach, vary or revoke a condition is exercisable in writing. 9 The appropriate national authority must consider any representation which is— a made to it by an organisation representing persons who have duties on a site in respect of which a nuclear site licence is in force, and b relates to the exercise by the authority of any of its powers under this section in relation to the site. 10 Where a condition attached to a nuclear site licence by virtue of this section is contravened, each of the following is guilty of an offence— a the licensee, and b any person having duties upon the site in question who committed the contravention. 10A person convicted of an offence under subsection (7) in England and Wales is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both. 11 A person convicted of an offence under subsection (10) in ... Scotland is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding 12 months, ... or a fine not exceeding £20,000 ..., or both. 12 A person convicted of an offence under subsection (10) in Northern Ireland is liable— a on conviction on indictment to imprisonment for a term not exceeding 5 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both. 13 In relation to an offence committed before 2 May 2022 the reference to the general limit in a magistrates’ court in subsection (10A)(b) , as it has effect in England and Wales, is to be read as a reference to 6 months. Revocation and surrender of licences 5 1 A nuclear site licence may at any time be— a revoked by the appropriate national authority, or b surrendered by the licensee. 2 The appropriate national authority must consult the appropriate environment authority before revoking a nuclear site licence. 3 Subsections (4) to (6) apply where a nuclear site licence has been revoked or surrendered. 4 If the appropriate national authority requires it to do so, the licensee must deliver up or account for the licence to such person as the appropriate national authority may direct. 5 During the remainder of the period of the licensee's responsibility the appropriate national authority may give the licensee such directions as the authority may consider appropriate for preventing, or giving warning of, any risk of— a injury to any person, or b damage to any property, by ionising radiations from anything remaining on the site. 6 A nuclear safety inspector may direct the licensee to ensure that, during the remainder of the period of responsibility, notices indicating the limits of the site are kept posted on the site in the positions specified in the direction. 7 For this purpose, “ nuclear safety inspector ” means an inspector appointed— a by the ONR under Schedule 8 to the Energy Act 2013, in the case of a site in England, Wales or Scotland, or b under section 24, in the case of a site in Northern Ireland. 8 A licensee who contravenes any direction for the time being in force under subsection (5) or (6) is guilty of an offence. 9 A person who without reasonable cause pulls down, injures or defaces any notice posted under subsection (6) is guilty of an offence. 9A A person convicted of an offence under subsection (8) in England and Wales is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both. 10 A person convicted of an offence under subsection (8) in ... Scotland is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both; b on summary conviction to imprisonment for a term not exceeding 12 months, ... or a fine not exceeding £20,000 ..., or both. 11 A person convicted of an offence under subsection (8) in Northern Ireland is liable— a on conviction on indictment, to imprisonment for a term not exceeding 12 months, or a fine, or both; b on summary conviction, to imprisonment for a term not exceeding 3 months, or a fine not exceeding the prescribed sum, or both. 12 A person convicted of an offence under subsection (9) is liable on summary conviction— a in England and Wales or Scotland, to a fine not exceeding level 2 on the standard scale; b in Northern Ireland, to a fine not exceeding level 1 on the standard scale. 13 In relation to an offence committed before 2 May 2022 , the reference to the general limit in a magistrates’ court in subsection (9A)(b) , as it has effect in England and Wales, is to be read as a reference to 6 months. 14 In this Act, “ period of responsibility ” in relation to the licensee under a nuclear site licence means, as respects the site in question or any part of it, the period— a beginning with the grant of the licence, and b ending with whichever of the dates in subsection (15) is the earliest, except that it does not include any period during which section 19(1) does not apply in relation to the site. 15 Those dates are— a the date when the appropriate national authority gives notice in writing to the licensee that in the authority's opinion there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, on the part of it in question; b the date when a new nuclear site licence in respect of a site comprising the site in question or, as the case may be, that part of it, is granted (whether to the same licensee or to some other person); c the date when the following conditions have both become satisfied— i the site in question or, as the case may be, that part of it is used or occupied by or on behalf of the Crown, and ii a nuclear site licence has ceased to be required in respect of that site or part. Maintenance of list of licensed sites and relevant disposal sites 6 1 The appropriate authority must maintain a list showing— a every site in respect of which a nuclear site licence has been granted, and b every site which is or was a relevant disposal site. 2 The list— a need not show any site or part of a site falling within subsection (1)(a) in the case of which— i no nuclear site licence is for the time being in force; and ii 30 years have passed since the end of the last licensee's period of responsibility; aa need not show any site or part of a site falling within subsection (1)(b) in the case of which— i no appropriate permit is for the time being in force; and ii 30 years have passed since the date on which the appropriate environment authority gave notice to an operator of the site that in the opinion of that authority there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, part of it; b must include a map or maps showing the position and limits of each site shown in the list. 3 The authority must arrange for the list, or a copy of it, to be available for inspection by the public. 4 In this section “ appropriate authority ” means— a in relation to England and Wales and Northern Ireland, the Secretary of State; b in relation to Scotland, the Scottish Ministers. Duty of licensee, etc., in respect of nuclear occurrences Duty of licensee of licensed site. 7 1 Subject to subsection (4), where a nuclear site licence has been granted in respect of a site, the licensee has the duties set out in subsections (1A), (1C) and (1E). 1A It is the duty of the licensee to secure that no occurrence involving nuclear matter falling within subsection (1B) causes— a injury to any person, b damage to any property of any person other than the licensee, or c significant impairment of the environment, being injury, damage or impairment that arises out of or results from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter. 1B The occurrences referred to in subsection (1A) are— a any occurrence on the licensed site involving nuclear matter during the period of the licensee’s responsibility; b any occurrence elsewhere than on the licensed site involving nuclear matter that is not excepted matter and which, at the time of the occurrence, satisfies the requirement mentioned in section 7A(1). 1C It is the duty of the licensee to secure that no occurrence involving the emission of ionising radiations falling within subsection (1D) causes— a injury to any person, b damage to any property of any person other than the licensee, or c significant impairment of the environment, being injury, damage or impairment that arises out of or results from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of the source of the emissions. 1D The occurrences referred to in subsection (1C) are— a an emission of ionising radiations during the period of the licensee’s responsibility from anything caused or suffered by the licensee to be on the site which is not nuclear matter; b a discharge on or from the site of waste, being waste (of any form) that emits ionising radiations but is not nuclear matter, during the period of the licensee’s responsibility. 1E It is the duty of the licensee to secure that no event happens that creates a grave and imminent threat of a breach of the duty under subsection (1A) or (1C). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In determining the liability of the licensee of a licensed site by virtue of subsection (1A) or (1C) in respect of an occurrence, any such property as is mentioned in subsection (3B) which is on that site at the time of the occurrence is to be deemed to be the property of the licensee, notwithstanding that it is the property of some other person. 3A In determining the liability of the licensee of a licensed site by virtue of subsection (1E) in respect of an event, any such property as is mentioned in subsection (3B) which is on that site at the time of the event is to be deemed to be the property of the licensee, notwithstanding that it is the property of some other person. 3B The property referred to in subsections (3) and (3A) is— a a nuclear installation; b property other than a nuclear installation which is on the licensed site for the purpose of being used in connection with the operation, or the cessation of the operation, by the licensee of a nuclear installation which is or has been on that site; c property other than a nuclear installation which is on the licensed site for the purpose of the construction of a nuclear installation on that site; d an installation for the disposal of nuclear matter. 4 Section 8 of this Act shall apply in relation to sites occupied by the Authority. Occurrences not on a licensed site 7A 1 The requirement referred to in section 7(1B)(b) is that the nuclear matter satisfies the condition in any of subsections (2) to (8) in relation to the licensee of the licensed site as licensee of that site. 2 The condition in this subsection is that the nuclear matter— a is in the course of carriage to the licensed site with the agreement of the licensee from a place in a country or territory that is not a relevant territory, and b is not on another relevant site in the United Kingdom. For these purposes the carriage of the matter is to be treated as starting once the matter has been loaded on to the means of transport intended to be used for its carriage from that country or territory. 3 The condition in this subsection is that the nuclear matter— a is in the course of carriage from the licensed site to a place in a country or territory that is not a relevant territory, and b is not on another relevant site in the United Kingdom. For these purposes the carriage of the matter is to be treated as coming to an end once the matter has been unloaded from the means of transport used for its carriage to that country or territory. 4 The condition in this subsection is that the licensee has taken charge of the nuclear matter from a person authorised to operate a nuclear reactor comprised in a means of transport and the matter— a is in the course of carriage to the licensed site, and b is not on another relevant site in the United Kingdom. 5 The condition in this subsection is that the nuclear matter— a is in the course of carriage from the licensed site to a person authorised to operate a nuclear reactor comprised in a means of transport and in which the matter is intended to be used, and b is not on another relevant site in the United Kingdom. For these purposes the carriage of the matter is to be treated as coming to an end once that operator takes charge of the matter. 6 The condition in this subsection is that— a the nuclear matter was in the course of such carriage as is described in subsection (2), (3), (4) or (5), b that course of carriage was not completed, and c since ceasing to be in the course of such carriage, the nuclear matter has not been in such circumstances as are mentioned in subsection (9), (10) or (11). 7 The condition in this subsection is that— a the nuclear matter is in the course of carriage on behalf of the licensee as a licensee of the licensed site, otherwise than as described in any of subsections (2)(a), (3)(a), (4)(a) and (5)(a), and the licensee has a direct economic interest in the matter, or b the nuclear matter was in the course of such carriage while being matter in which the licensee had a direct economic interest and, since ceasing to be in the course of such carriage or since ceasing to be matter in which the licensee had a direct economic interest, has not been in such circumstances as are mentioned in subsection (9), (10) or (11). 8 The condition in this subsection is that the nuclear matter was on the licensed site and, since ceasing to be on that site, has not been in such circumstances as are mentioned in subsection (9), (10) or (11). 9 The circumstances in this subsection are that the nuclear matter is on a relevant site other than the licensed site. 10 The circumstances in this subsection are that the nuclear matter— a is in the course of carriage to a relevant site other than the licensed site with the agreement of the operator of that site from a place in a country or territory that is not a relevant territory, b is in the course of carriage from a relevant site other than the licensed site to a place in a country or territory that is not a relevant territory, c is in the course of carriage on behalf of a person authorised to operate a nuclear reactor which is comprised in a means of transport and in which the nuclear matter is intended to be used or was used or was intended to be used, or d is in the course of relevant carriage on behalf of a person other than the licensee of the licensed site, and otherwise than as described in paragraph (a), (b) or (c), and is matter in which that person has a direct economic interest. 11 The circumstances in this subsection are that the nuclear matter— a is within the territorial limits of a country or territory that is not a relevant territory, and b is not in the course of such carriage as is described in any of subsections (2)(a), (3)(a), (4)(a) and (5)(a) or in the course of relevant carriage from one relevant site to another. 12 Where the licensee of a licensed site operates the site on behalf of another person— a carriage of nuclear matter that is undertaken or arranged by the licensee as licensee of the licensed site on behalf of that other person is to be treated as carriage on behalf of the licensee (and accordingly is to be treated as relevant carriage on behalf of the licensee for the purposes of this Act), and b a requirement in this section that a person have a direct economic interest in nuclear matter that is in the course of carriage is to be treated as satisfied by the licensee when acting on behalf of another person as regards the carriage of nuclear matter if— i that other person is the person on whose behalf the licensee is operating the licensed site, and ii that other person has a direct economic interest in the nuclear matter. 13 For the purposes of this section, a person who receives a financial or other benefit for or in connection with undertaking, or arranging for, the carriage of nuclear matter does not, for that reason only, have a direct economic interest in the matter. Duties in respect of relevant disposal sites 7B 1 Sections 7 and 7A apply in relation to the operator of a relevant disposal site as they apply in relation to the licensee of a licensed site, but with the following modifications— a a reference in those sections to a case in which a nuclear site licence has been granted is to be read as a reference to a case in which an appropriate permit has been granted; b a reference in those sections to a site in respect of which a nuclear site licence has been granted is to be read as a reference to a relevant disposal site; c a reference in those sections to the licensee of a licensed site is to be read as a reference to the operator of a relevant disposal site; d a reference in those sections to a nuclear installation is to be read as a reference to an installation for the disposal of nuclear matter; e paragraph (d) of section 7(3B) is to be disregarded; f the reference in section 7(1B)(a) to the period of responsibility of a licensee under a nuclear site licence is to be read, when applied in relation to the operator of a relevant disposal site, as a reference to the period during which the operator is responsible for the relevant disposal site. 2 For the purposes of subsection (1)(f) an operator of a relevant disposal site is responsible for the relevant disposal site or any part of it during the period that— a begins— i when article 4 of the Nuclear Installations (Liability for Damage) Order 2016 comes fully into force, or ii if later, when the person becomes the operator of the site or, as the case may be, part of it, and b ends with whichever of the dates in subsection (3) is the earliest. 2B The operator of a site that would be a relevant disposal site but for subsection (7A) is to be treated for the purposes of subsection (2)(a)(ii) as becoming the operator of the site on the date when the site ceases to be an excluded disposal site. 3 The dates referred to in subsection (2)(b) are— a the date when the appropriate environment authority gives notice in writing to the operator of the site that in the opinion of that authority there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, part of it; b the date when another person becomes the operator of the site or, as the case may be, part of it; c the date when the following conditions have both become satisfied— i the site or, as the case may be, part of it ceases to be used by the operator, and ii the site or, as the case may be, that part of it is used or occupied by or on behalf of the Crown; d the date when a nuclear site licence is granted in respect of the site or, as the case may be, part of it; e the date when the Secretary of State gives notice under section 7C(1)(b) that the site is an excluded disposal site. 3A Where a site to which subsection (2B) applies was a relevant disposal site before it became an excluded disposal site, subsection (2) has effect in respect of— a the period beginning by virtue of subsection (2)(a), and b any further period beginning by virtue of subsection (2B). 4 Subject to subsections (5), (6) , (7) and (7A) , a site is a relevant disposal site for the purposes of this section if— a it is used for the operation of an installation for the disposal of nuclear matter, and b that use is a use for which the authority of an appropriate permit is required. 5 A site is not a relevant disposal site if it is— a a site or part of a site in respect of which a nuclear site licence has been granted, b premises treated because of section 8 as a site for which a nuclear site licence has been granted or part of such premises, or c a site or part of a site used or occupied by or on behalf of the Crown. 6 A site is not a relevant disposal site if— a any person using the site ceased, before article 4 of the Nuclear Installations (Liability for Damage) Order 2016 came fully into force, to accept on the site any nuclear matter for the purposes of disposal on the site, and b no person using the site has, after article 4 came fully into force, accepted on the site any nuclear matter for the purposes of disposal on the site. 7 A site is not a relevant disposal site if the nuclear matter disposed of in the installation or installations on the site consists only of nuclear matter that is excepted matter. 7A A site is not a relevant disposal site if it is an excluded disposal site. 8 If a site ceases to be a relevant disposal site, no liability may arise by virtue of this section after the time it ceases to be a relevant disposal site, except in relation to an occurrence or event that began to happen before that time. 9 In this section— “appropriate permit” means— in relation to a site in England or Wales, a permit under regulations made under section 2 of the Pollution Prevention and Control Act 1999 authorising a person to use the site for the disposal of radioactive waste; in relation to a site in Scotland, a permit under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014 ( 2014 asp 3 ) authorising a person to use the site for the disposal of radioactive waste; in relation to a site in ... Northern Ireland, an authorisation under section 13 of the Radioactive Substances Act 1993 authorising a person to use the site for the disposal of radioactive waste; “operator”, in relation to a relevant disposal site, means the person who uses the site to operate the installation by virtue of which the site is a relevant disposal site. Excluded disposal sites 7C 1 A site that is used or intended to be used for the operation of an installation for the disposal of nuclear matter is an excluded disposal site if— a the Secretary of State is satisfied, on an application by the operator of the site, that the site meets— i the permit condition, ii the site history condition, and iii such other conditions as may be prescribed, and b the Secretary of State gives the operator notice in writing to that effect. 2 In this section, “ disqualifying matter ” means nuclear matter that exceeds the radioactivity concentration limits set out in paragraph 3(a) of the Appendix to the 2016 Decision. 3 The permit condition is that— a an appropriate permit is in force in respect of the site, and b that permit includes a condition preventing the site from receiving disqualifying matter. 4 The site history condition is that— a disqualifying matter has not at any time been accepted for disposal at the site, or b any disqualifying matter previously accepted for disposal at the site has been removed from the site. 5 An application under subsection (1) (a) must be accompanied by such documents as may be prescribed. 6 Regulations made under subsection (5) may— a specify requirements relating to the preparation, approval or review of a prescribed document; b require an operator to provide a copy of a prescribed document to a person other than the Secretary of State; c make different provision for different purposes. 7 A site ceases to be an excluded disposal site if the site no longer meets the permit condition or any condition prescribed under subsection (1) (a) (iii) . 8 Where the appropriate permit in force in respect of an excluded disposal site is transferred to a new operator, the site ceases to be an excluded disposal site at the end of the period of one month beginning with the date on which the permit is transferred unless, before the end of that period— a the new operator notifies the Secretary of State of the transfer, and b the Secretary of State gives the new operator notice in writing that the Secretary of State consents to the site continuing to be an excluded disposal site. 9 The Secretary of State must notify the Scottish Ministers of any notification given under subsection (1) (b) in relation to a site in Scotland. 10 In this section— “ 2016 Decision ” means the Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste published on 16 January 2017 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; “ appropriate permit ” has the meaning given in section 7B(9). Excluded disposal sites: acceptance of disqualifying matter 7D 1 This section applies where disqualifying matter is accepted at an excluded disposal site; and for the purposes of this section the acceptance of such matter is referred to as “ the breach ”. 2 The operator of the site must notify the Secretary of State of the breach before the end of the notification period. 3 “ The notification period ” means the period of 21 days beginning with the day on which the operator becomes aware of the breach. 4 The site ceases to be an excluded disposal site at the end of the notification period unless the operator complies with the duty under subsection (2) . 5 An operator who has complied with the duty under subsection (2) must remove the disqualifying waste from the site before the end of the removal period. 6 “ The removal period ” means— a the period of 90 days beginning with the day on which the operator notifies the Secretary of State of the breach, or b such longer period as the Secretary of State may specify before the end of the period mentioned in paragraph (a) if satisfied that the operator is taking all reasonable steps to remove the disqualifying matter from the site. 7 The site ceases to be an excluded disposal site at the end of the removal period unless before the end of that period— a the Secretary of State is satisfied that the disqualifying waste has been removed from the site, and b the Secretary of State gives the operator notice in writing to that effect. 8 In this section, “ disqualifying matter ” has the meaning given by section 7C . Duty of Authority. 8 Sections 7 and 7A of this Act shall apply in relation to the Authority— a as if any premises which are or have been occupied by the Authority were a site in respect of which a nuclear site licence has been granted to the Authority; and b as if in relation to any such premises any reference to the period of the licensee’s responsibility were a reference to any period during which the Authority is in occupation of those premises ; and sections 7 and 7A shall so apply whether or not a nuclear site licence has been granted in respect of the premises in question. Duty of Crown in respect of certain sites. 9 1 If a government department uses any site for any purpose which, if section 1 of this Act applied to the Crown, would require the authority of a nuclear site licence in respect of that site, sections 7 and 7A of this Act shall apply in like manner as if— a the Crown were the licensee under a nuclear site licence in respect of that site; and b any reference to the period of the licensee’s responsibility were a reference to any period during which the department occupies the site. 2 If a government department uses a site for a purpose which, if section 7B applied to the Crown, would cause the site to be a relevant disposal site, sections 7 and 7A are to apply in respect of that site as they apply in relation to the licensee of a licensed site, but with the following modifications— a a reference to a case in which a nuclear site licence has been granted is to be read as a reference to a case in which a site is used by a government department for a purpose which, if section 7B applied to the Crown, would cause the site to be a relevant disposal site (a “disposal purpose”); b a reference in those sections to a site in respect of which a nuclear site licence has been granted is to be read as a reference to a site used by a government department for a disposal purpose; c a reference in those sections to the licensee of a licensed site is to be read as a reference to the government department that is using a site for a disposal purpose; d paragraph (d) of section 7(3B) is to be disregarded; e the reference in section 7(1B)(a) to the period of responsibility of a licensee under a nuclear site licence is to be read, when applied in relation to a government department using a site for a disposal purpose, as a reference to the period during which the department is responsible for the site. 3 For the purposes of subsection (2)(e) a government department is responsible for a site used by it for a disposal purpose, or for any part of a site so used by it, during the period that— a begins— i when article 4 of the Nuclear Installations (Liability for Damage) Order 2016 comes fully into force, or ii if later, when the department starts to use the site or, as the case may be, part of it for a disposal purpose, and b ends with whichever of the dates in subsection (4) is the earliest. 4 The dates referred to in subsection (3)(b) are— a the date when the department ceases to occupy the site or, as the case may be, part of it, and b the date when, if section 1 applied to the Crown, the use of the site or, as the case may be, part of it would require the authority of a nuclear site licence. 5 In determining for the purposes of subsection (2) whether a use of a site would, if section 7B applied to the Crown, cause the site to be a relevant disposal site— a section 7B(5)(a) is to be read as if it referred to a site or part of a site which is or was used for a purpose which, if section 1 applied to the Crown, would require the authority of a nuclear site licence in respect of that site, b section 7B(5)(c) is to be disregarded, c any limitation on the application to the Crown of a requirement to have an appropriate permit is to be disregarded, and d the Crown is to be taken to have complied with any requirement which would, if complied with, exempt a person from being required to have an appropriate permit in relation to the site. Duty of certain foreign operators. 10 1 It is the duty of a relevant foreign operator to secure that no occurrence involving nuclear matter which is not excepted matter and satisfying the conditions in subsections (2) and (4) causes— a injury to any person, b damage to any property of any person other than that operator, or c significant impairment of the environment, being injury, damage or impairment that arises out of or results from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter. 1A It is the duty of a relevant foreign operator to secure that no event happens that creates a grave and imminent threat of a breach of the duty under subsection (1). 2 The condition in this subsection is that the occurrence is— a an occurrence taking place wholly or partly within United Kingdom limits; or b an occurrence taking place outside those limits which also involves nuclear matter in respect of which a duty is imposed on any person by section 7, 7B, 8 or 9. 3 For the purposes of subsection (2), an occurrence takes place within United Kingdom limits if it takes place— a within the territorial limits of the United Kingdom, or b within the limits of the United Kingdom’s relevant maritime zone, and the limits of that zone are to be treated as applying to sea, sea bed, subsoil and airspace. 4 The condition in this subsection is that the nuclear matter involved in the occurrence would, if the relevant foreign operator were the licensee of a licensed site and that operator’s relevant site were a licensed site, satisfy the requirement in section 7A(1) in relation to the relevant foreign operator at the time of the occurrence. Duty of persons causing nuclear matter to be carried. 11 Where any nuclear matter, not being excepted matter, is in the course of carriage within the territorial limits of the United Kingdom on behalf of any person (hereafter in this section referred to as “ the responsible party ”) and— a the carriage is not relevant carriage; and b the nuclear matter is not for the time being on any relevant site, it shall be the duty of the responsible party to secure that no occurrence involving that nuclear matter causes injury to any person or damage to any property of any person other than the responsible party, being injury or damage incurred within the said territorial limits and arising out of or resulting from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter. Cost of measures of reinstatement Cost of measures of reinstatement 11A 1 Where as a result of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 there is significant impairment of the environment, a qualifying public authority may make a claim under this Act for compensation in respect of the reasonable cost of relevant measures of reinstatement relating to that impairment. 2 Subsection (1) is subject to subsection (3) and sections 11B and 11D. 3 Compensation is not payable by virtue of a claim under subsection (1) in respect of the cost of measures of reinstatement that benefit or would benefit property if the property is such that damage to it would not constitute damage in breach of a duty imposed by— a section 7 (see section 7(1A)(b), (1C)(b), (3) and (3A)), b section 7B (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 7B), c section 8 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 8), d section 9 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 9), or e section 10 (see section 10(1)(b)), as the case may be. 4 A public authority is a qualifying public authority, in relation to a particular significant impairment of the environment, if it may in the exercise of its functions— a take, or arrange for the taking of, measures of reinstatement relating to that impairment of the environment, or b pay (otherwise than under this Act) costs incurred by another public authority in taking, or arranging for the taking of, measures of reinstatement relating to that impairment. 5 A measure of reinstatement relating to a significant impairment of the environment is a relevant measure of reinstatement relating to that impairment if, or to the extent that, it is a measure reasonably taken for the purpose of— a reinstating or restoring what has been destroyed or damaged in the environment, or b establishing the equivalent of what has been destroyed or damaged in the environment. 6 A measure of reinstatement is reasonably taken for the purposes of this section if taking that measure is appropriate and proportionate in the circumstances. 7 A reference in this section to the environment is a reference to the environment within the territorial limits of the United Kingdom, in or above the exclusive economic zone of the United Kingdom or on the continental shelf of the United Kingdom. 8 In this section and sections 11B, 11D and 11E— “holder of a public office” means— a person holding an office under the Crown, a person holding an office created or continued in existence by a public general Act or by legislation passed by the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly, or a person holding an office the remuneration in respect of which is paid out of money provided by Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly; “local authority” means— in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, in relation to Scotland, a council constituted under section 2(1) of the Local Government etc. (Scotland) Act 1994, in relation to Wales, a county council, a county borough council or a community council, or in relation to Northern Ireland, a district council; “public authority” means a holder of a public office or a public body in the United Kingdom; “public body” includes a government department (including the Welsh Assembly Government, any part of the Scottish Administration and a Northern Ireland department) and a local authority. Approval of measures of reinstatement 11B 1 Compensation under this Act is payable by virtue of a claim under section 11A(1) only if the claim relates to measures of reinstatement approved by— a the Secretary of State under this section, or b if a decision under this section is appealed under section 11D, the court that determines the appeal under section 11D. 2 A qualifying public authority may apply to the Secretary of State for approval under this section before or after the measures of reinstatement are taken. 3 The public authority must publish a notice of its application. 4 The notice must be published in a manner that appears to the authority to be appropriate for bringing it to the attention of— a the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment; b in relation to any property that is or would be affected by the measures of reinstatement, any person who appears to the authority to have such interest in or right over that property as would entitle that person to claim for damage to property. 5 A notice of an application for approval must specify the measures of reinstatement for which approval is sought. 6 The Secretary of State may approve a measure of reinstatement under this section only if satisfied that— a there is significant impairment of the environment; b the measure is, in relation to that impairment, a relevant measure of reinstatement within the meaning of section 11A; c the amount claimed in respect of the cost of the measure is reasonable; d the public authority applying for approval in relation to a measure of reinstatement is a qualifying public authority within the meaning of section 11A as regards that measure. 7 The Secretary of State may refuse to approve measures of reinstatement on the ground that the applicant, or the public authority whose costs the applicant has paid or proposes to pay, is or was not the appropriate public authority to take the measures or to arrange for them to be taken. 8 The Secretary of State may approve some but not others of the measures to which the application relates. 9 A decision by the Secretary of State under this section is not to be taken as determining— a whether or not there was a breach of a duty under section 7, 7B, 8, 9 or 10, or b whether or not the impairment of the environment arises out of or results from a breach of such a duty. 10 The Secretary of State must publish a notice of a decision made under this section. 11 For each of the measures of reinstatement to which the application relates, the notice of decision must— a if approval is refused, state whether or not approval is refused on the ground mentioned in subsection (7), and b except in a case where approval is refused on that ground, specify the reasons why the Secretary of State is or is not satisfied as to the matters in subsection (6). 12 If the Secretary of State makes a claim for compensation under section 11A(1), the Secretary of State must appoint an independent person to carry out the functions of the Secretary of State under this section and sections 11C and 11D as regards approving measures of reinstatement. 13 Approval by the appointed person is to be treated as approval by the Secretary of State for the purposes of subsection (1). Representations 11C 1 Persons who satisfy the requirements of subsection (2) may make representations to the Secretary of State as regards the measures of reinstatement for which approval is sought by an application under section 11B. 2 A person satisfies the requirements of this subsection if the person is— a the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment; b in relation to any property that is or would be affected by the measures of reinstatement, a person who has such interest in or right over that property as would entitle that person to claim for damage to property. 3 The Secretary of State may invite other persons to make representations as regards the measures of reinstatement. 4 The Secretary of State must publish a notice of the arrangements for making representations under this section in respect of an application under section 11B. Appeals against decisions 11D 1 The following persons may appeal to the appropriate court against a decision of the Secretary of State on an application under section 11B— a where approval of a measure of reinstatement is refused, the public authority that applied for approval of the measure; b where approval of a measure of reinstatement is granted, the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment. 2 A decision of the Secretary of State to refuse approval on the ground mentioned in section 11B(7) may not be appealed under this section. 3 Subject to subsection (2), the court may on an appeal under this section determine whether or not to approve the measures of reinstatement to which the appeal relates. 4 Section 11B(6) applies in relation to a determination of the court as it applies in relation to a decision of the Secretary of State under section 11B. 5 The appropriate court is the court that has, or but for section 16(3E) would have had, jurisdiction in accordance with section 16C to determine a claim by virtue of section 7, 7B, 8, 9 or 10 for compensation under this Act in respect of the cost of the measures of reinstatement in question. 6 A decision of a person appointed under section 11B(12) may be appealed in the same way as a decision of the Secretary of State. Measures of reinstatement in the United Kingdom: claims under relevant foreign law 11E 1 This section applies if approval on the part of the United Kingdom is required by any relevant foreign law in connection with a claim under that law corresponding to such claim as may be made under paragraph 1 of Schedule 1A. 2 Sections 11B to 11D are to apply in relation to such a claim under the relevant foreign law as they apply in relation to a claim under section 11A(1). 3 Where sections 11B to 11D apply by virtue of subsection (2)— a references to a public authority are to be treated as including references to a person who is entitled, in the particular case, to take or arrange for the taking of such measures as give rise to a claim under the relevant foreign law for compensation, b references to a breach of a duty under section 7, 7B, 8, 9 or 10 are to be treated as references to the corresponding occasion of compensation under the relevant foreign law, c section 11B(6) is to be treated as requiring the Secretary of State to approve a measure of reinstatement only if satisfied that— i the measure is such that the costs of taking the measure may be claimed under the relevant foreign law made for purposes corresponding to section 11A, if liability is established under the relevant foreign law, and ii the person applying for approval is entitled to take or arrange for the taking of the measure, d references to the appropriate court are to be treated as references to the High Court of Justice, and e section 11B(7) is not to have effect if the person applying for approval is not a public authority. Measures of reinstatement outside the United Kingdom: claims under this Act 11F Schedule 1A (approval of measures of reinstatement in places outside the United Kingdom) has effect. Loss of income derived from the environment Loss of income derived from the environment 11G 1 Where as a result of a breach of a duty imposed by section 7, 7B, 8, 9 or 10 there is significant impairment of the environment, a claim may be made under this Act for compensation in respect of a person’s loss of profits if the circumstances of that loss satisfy the requirements in subsection (2). 2 The requirements are that— a the profits are from income that the person generates, or but for the impairment would generate, by means of an activity which entails directly exploiting the resources in a part of the environment, b the activity is an activity that the person may lawfully carry on, or but for the impairment would be able lawfully to carry on, in that part of the environment, c the person had started to carry on, and had not ceased to carry on, the activity in that part of the environment before the occurrence began to happen, d some or all of that part of the environment is significantly impaired as a result of the breach of duty, and e as a direct consequence of that significant impairment, the person is not able to carry on the activity in question in so much of that part of the environment as is significantly impaired or profits less from carrying on the activity there. 3 Compensation is not payable to a person by virtue of a claim under subsection (1) if the activity in question is an activity carried on by the person as an employee. 4 Compensation is not payable to a person by virtue of a claim under subsection (1) if the loss of profits is— a a loss for which that person may claim compensation under this Act by way of compensation for damage to property, or b a loss for which that person could make such a claim but for the property being such that damage to it would not constitute damage in breach of a duty imposed by— i section 7 (see section 7(1A)(b), (1C)(b), (3) and (3A)), ii section 7B (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 7B), iii section 8 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 8), iv section 9 (see section 7(1A)(b), (1C)(b), (3) and (3A) as applied by section 9), or v section 10 (see section 10(1)(b)), as the case may be. 5 Compensation under this Act is not payable by virtue of a claim under subsection (1) if the part of the environment in question is the relevant site by reference to which the claim under subsection (1) is established or a part of it. Cost of preventive measures Cost of preventiv