{
  "url": "https://openlegislation.uk/nuclear-installations-gibraltar-order-1970/schedule/paragraph-17",
  "json_url": "https://openlegislation.uk/nuclear-installations-gibraltar-order-1970/schedule/paragraph-17.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/17",
  "kind": "paragraph",
  "number": "17",
  "heading": "Jurisdiction, shared liability and foreign judgments",
  "text": "(1) No court in Gibraltar shall have jurisdiction to determine any claim or question under this Act certified by the Governor to be a claim or question which, under any relevant international agreement, falls to be determined by a court of some other relevant territory; and any proceedings to enforce such a claim which are commenced in any court in Gibraltar shall be set aside.\n(2) Where under the foregoing subsection the Governor certifies that any claim or question falls to be determined by a court of a relevant territory, that certificate shall be conclusive evidence of the jurisdiction of that court to determine that claim or question.\n(3) Where by virtue of section 10 of this Act and any relevant law liability in respect of the same injury or damage is incurred by two or more persons, then, for the purposes of any proceedings in Gibraltar relating to that injury or damage, including proceedings for the enforcement of a judgment registered under Part I of the Judgments (Reciprocal Enforcement) Ordinance of Gibraltar both or all of those persons shall be treated as jointly and severally liable in respect of that injury or damage:\nprovided that where such liability is incurred as a result of an occurrence involving nuclear matter in the course of carriage in one and the same means of transport the maximum total amount for which such persons shall be liable, apart from payments in respect of interest or costs, shall not exceed the highest amount required to be available by the relevant law, together with such amounts, if any, as fall to be made available by means of relevant contributions.\n(4) Part I of the Judgments (Reciprocal Enforcement) Ordinance of Gibraltar shall apply to any judgment obtained in a court outside Gibraltar which is certified by the Governor to be a relevant foreign judgment for the purposes of this Act, whether or not it would otherwise have so applied, and shall have effect in relation to any judgment so certified as if in section 4 of that Ordinance subsections (1)(a)(ii), (2) and (3) were omitted.\n(5) It shall be sufficient defence to proceedings in Gibraltar against any person for the recovery of a sum alleged to be payable under a judgment given in a country outside Gibraltar for that person to show that—\n(a) the sum in question was awarded in respect of injury or damage of a description which is the subject of a relevant international agreement; and\n(b) the country in question is not a relevant territory; and\n(c) the sum in question was not awarded in pursuance of any of the international Conventions referred to in the enactments mentioned in section 12(4) of this Act.\n(6) Where, in the case of any claim by virtue of section 10 of this Act, the relevant operator is the government of a relevant territory, then, for the purposes of any proceedings brought in a court in Gibraltar to enforce that claim, that government shall be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on; but nothing in this subsection shall authorise the issue of execution against the property of that government.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Laws of Gibraltar (Rev. 1964) Vol. IV, c. 80."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Laws of Gibraltar (Rev. 1964) Vol. IV, c. 80."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1970/1116/schedule/paragraph/17",
    "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."
}