The Nuclear Installations (Liability for Damage) Order 2016

PART 1Primary legislation

Nuclear Installations Act 1969

1.  The Nuclear Installations Act 1969(1) is repealed.

Congenital Disabilities (Civil Liability) Act 1976

2.—(1) Section 3 of the Congenital Disabilities (Civil Liability) Act 1976(2) (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”.

Deregulation and Contracting Out Act 1994

3.  In section 37 of the Deregulation and Contracting Out Act 1994(3) (power to repeal certain health and safety provisions etc), in subsection (10)—

(a)in paragraph (a), for “6” substitute “5”;

(b)after paragraph (a) (and before the “and”) insert—

(aa)section 6 of that Act, so far as it relates to sites in respect of which nuclear site licences (within the meaning of that Act) have been granted,.

Energy Act 2013

4.  In section 82(2) of the Energy Act 2013(4) (meaning of “relevant statutory provisions”), in paragraph (b), for “sections 3 to 6;” substitute—

  • sections 3 to 5;

  • section 6, so far as it relates to sites in respect of which nuclear site licences have been granted;.

(3)

1994 c.40. Section 37(10) was inserted by the Energy Act 2013 c.32, Schedule 12, paragraph 71(6).