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The Nuclear Installations (Liability for Damage) Order 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111143773

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under sections 76(7) and 192(3) of the Energy Act 2004, for approval by resolution of each House of Parliament.

Nuclear Energy

Made 2016

Coming into force in accordance with article 1(2), (4) and (5)

The Secretary of State, in exercise of the powers conferred by sections 76 and 192(4) of the Energy Act 2004f1, makes the following Order.

In accordance with section 192(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2004 c.20.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Duties of licensee of licensed site
  4. 4Duties in respect of relevant disposal sites
  5. 5Duties of United Kingdom Atomic Energy Authority
  6. 6Duties of Crown in respect of certain sites
  7. 7Duties of certain foreign operators
  8. 8Cost of measures of reinstatement
  9. 9Loss of income derived from the environment
  10. 10Cost of preventive measures
  11. 11Right to compensation with respect to injury, damage and significant impairment of the environment
  12. 12Exclusion of rights to compensation in certain cases
  13. 13Extension of rights to compensation in certain cases
  14. 14Reduction of compensation in certain cases
  15. 15Damage to property and measures of reinstatement
  16. 16Liens etc in respect of ships and aircraft excluded
  17. 17Time for bringing claims under sections 7 to 11
  18. 18Nuclear matter that is stolen, lost, jettisoned or abandoned
  19. 19Satisfaction of claims by operator of site
  20. 20Satisfaction of claims by Secretary of State etc
  21. 21Section 16 of the 1965 Act: supplementary
  22. 22Section 16: phasing of increases in liability
  23. 23Jurisdiction of courts in the United Kingdom
  24. 24Jurisdiction of courts in the United Kingdom: jurisdiction excluded
  25. 25Shared liability and foreign judgments
  26. 26Notice to Secretary of State of proceedings
  27. 27Right of Secretary of State or foreign government to intervene
  28. 28Proceedings conducted by foreign governments
  29. 29Powers of Secretary of State in relation to foreign claims
  30. 30Making United Kingdom funds available to satisfy claims for compensation
  31. 31Making United Kingdom funds available: limits and exceptions
  32. 32Obligation of licensee or operator to arrange cover for compensation
  33. 33Furnishing of information relating to licensee’s or operator’s cover
  34. 34Power to make arrangements with respect to licensee’s or operator’s cover
  35. 35Cover for compensation in respect of damage to means of carriage
  36. 36Registration in connection with certain occurrences and events
  37. 37Amounts in euros
  38. 38Interpretation of the 1965 Act
  39. 39Further amendments
  40. 40Transitional provision
  41. Signature
  42. Schedule 1Measures of reinstatement outside the United Kingdom
  43. Schedule 2: Further amendments
  44. Part 1: Primary legislation
  45. 1Nuclear Installations Act 1969
  46. 2Congenital Disabilities (Civil Liability) Act 1976
  47. 3Deregulation and Contracting Out Act 1994
  48. 4Energy Act 2013
  49. Part 2: Secondary legislation
  50. 5The Safety Representatives and Safety Committees Regulations 1977
  51. 6The Nuclear Installations (Increase of Operators’ Limits of Liability) Order 1994
  52. 7The Employers’ Liability (Compulsory Insurance) Regulations 1998
  53. 8The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999
  54. 9The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006
  55. 10The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006
  56. 11The Radioactive Contaminated Land (Scotland) Regulations 2007
  57. Explanatory note