# The Nuclear Installations (Liability for Damage) Order 2016, Paragraph 2: Congenital Disabilities (Civil Liability) Act 1976


(1) Section 3 of the Congenital Disabilities (Civil Liability) Act 1976 (disabled birth due to radiation) is amended as follows.
(2) In subsection (1), for the words from “respect of” to the end substitute—
“respect of—
(a) injury, damage or significant impairment of the environment caused by occurrences involving nuclear matter or the emission of ionising radiations, or
(b) injury or damage caused by preventive measures taken after a breach of duty under section 7, 7B, 8, 9 or 10 of that Act.”.
(3) In subsection (3)—
(a) after “parents” insert “that is”;
(b) after “etc)” insert “or that is an injury falling within subsection (3A)”.
(4) After subsection (3) insert—
“(3A) An injury falls within this subsection if—
(a) it is caused by ionising radiations, and
(b) exposure to those ionising radiations is the result of preventive measures having been taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of that Act.”.
(5) In subsection (4)—
(a) for “13(6)” substitute “13(7)”;
(b) for the words from “reference” to “fault of” substitute “references in section 13(7) to a person’s act or omission were references to the act or omission of”.

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Source: https://www.legislation.gov.uk/ukdsi/2016/9780111143773/schedule/2/paragraph/2 (the official version)
Page: https://openlegislation.uk/draft-nuclear-installations-liability-for-damage-order-2016/schedule-2/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.