{
  "url": "https://openlegislation.uk/nuclear-installations-gibraltar-order-1970/schedule/paragraph-12",
  "json_url": "https://openlegislation.uk/nuclear-installations-gibraltar-order-1970/schedule/paragraph-12.json",
  "legislation": "uksi/1970/1116",
  "legislation_title": "The Nuclear Installations (Gibraltar) Order 1970",
  "legislation_url": "https://openlegislation.uk/nuclear-installations-gibraltar-order-1970",
  "path": "schedule/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Right to compensation by virtue of s. 10",
  "text": "(1) Where any injury or damage has been caused in breach of a duty imposed by section 10 of this Act—\n(a) subject to sections 13(1), 15, 16(2) and 17(1) of this Act, compensation in respect of that injury or damage shall be payable wherever the injury or damage was incurred;\n(b) subject to subsections (3) and (4) of this section and to section 21(2) of this Act, no other liability shall be incurred by any person in respect of that injury or damage.\n(2) Subject to subsection (3) of this section, any injury or damage which, though not caused in breach of such a duty as aforesaid, is not reasonably separable from injury or damage so caused shall be deemed for the purposes of subsection (1) of this section to have been so caused.\n(3) Where any injury or damage is caused partly in breach of such a duty as aforesaid and partly by an emission of ionising radiations which does not constitute such a breach, subsection (2) of this section shall not affect any liability of any person in respect of that emission apart from this Act, but a claimant shall not be entitled to recover compensation in respect of the same injury or damage both under this Act and otherwise than under this Act.\n(4) Subject to section 13(2) of this Act, nothing in subsection (1)(b) of this section shall affect—\n(a) the operation of the Carriage of Goods by Sea Ordinance of Gibraltar; or\n(b) the operation of the Carriage by Air Act 1961 or the Carriage by Air (Supplementary Provisions) Act 1962 as extended or applied to Gibraltar by the Carriage by Air (Overseas Territories) Order 1967 and the Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967; or\n(c) the operation of the Carriage of Goods by Road Act 1965 as extended to Gibraltar by the Carriage of Goods by Road (Gibraltar) Order 1967.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Laws of Gibraltar (Rev. 1964) 1 Vol. I, c. 17."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "(1967 II, p. 2384)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "(1967 II, p. 2402)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "(1967 II, p. 2447)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1970/1116/schedule/paragraph/12",
    "retrieved_at": "2026-10-29T22:56:46.315084+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}