Explanatory note
(This note is not part of the Order)
The Atomic Weapons Establishment Act 1991 makes provision in connection with the carrying on by contractors of activities on premises which form part of the Atomic Weapons Establishment.
Paragraph 6 of the Schedule to that Act makes provision as to the application of the Nuclear Installations Act 1965 (“the 1965 Act”) for the purpose of conferring certain privileges and immunities in relation to such activities carried on at such premises as may be designated by the Secretary of State by order. (The Atomic Weapons Establishment (Designation and Appointed Day) Order 1992 (S.I. 1992 No. 2743) lists those activities and premises which are currently so designated.)
This Order substitutes the said paragraph 6 so as to remove certain privileges conferred in relation to any site in designated premises used by a contractor whilst at the same time preserving certain other privileges which would otherwise have been lost by virtue of the said removal.
In particular, this Order substitutes a new paragraph 6 so as to—
remove the privileges previously conferred whereby, for the purposes of sections 1 and 2 of the 1965 Act (restriction of certain installations to licensed sites and prohibition of certain operations), any site in designated premises used by a contractor was to be treated as a site used by a government department;
preserve the status quo in relation to the period of responsibility with respect to any such site, notwithstanding the fact that the contractor is a licensee;
disapply section 4 of the 1965 Act (attachment of conditions to licences) in relation to certain matters; (previously such sites were not licensable and therefore beyond the scope of the said section 4); and
exclude any such site from the list of licensed sites which must be maintained by the Minister in accordance with section 6 of the 1965 Act; (previously such sites were not licensable and therefore beyond the scope of the said section 6).