Atomic Energy Act 1989
In section 2(1)(a) of the Nuclear Industry (Finance) Act 1977 (under which the limit on the commitment of public finance to British Nuclear Fuels plc stands at £1,500 million), for the words from “ £1,000 million” to the end of the paragraph there shall be substituted the words “ £2,000 million; ”.
The following section shall be inserted after section 24 of the Nuclear Installations Act 1965—
Subject to subsection (3) below, section 24A(3) of the Nuclear Installations Act 1965 applies to an application made, and to expenses incurred, before the commencement of this section as well as to an application made, and to expenses incurred, after the commencement of this section.
That subsection does not apply to an application disposed of before the commencement of this section.
Where an application to which that subsection applies is made before the commencement of this section and is disposed of after the commencement of this section without a licence being granted, the Health and Safety Executive (or, in Northern Ireland, the Department of Economic Development) shall repay to the applicant any payment made under that subsection in respect of expenses attributable to dealing with the application which were incurred before the commencement of this section.
Section 24A(4) of the Nuclear Installations Act 1965 applies to expenses incurred before as well as to expenses incurred after the commencement of this section, except in the case of expenses of the description mentioned in subsection (1)(b) of that section.
; and
In section 19 of the Nuclear Installations Act 1965 (duty of licensee to provide insurance or other cover)—
in subsection (2), for the words from “subject to subsection (2A)” to the end of paragraph (c) there shall be substituted the words “ , subject to the following provisions of this section, the period of the licensee’s responsibility; ”; and
the following subsection shall be inserted after subsection (2A)—
The amendments made by this section shall be deemed always to have had effect.
The Secretary of State—
may pay out of money provided by Parliament any expenses which he incurs in connection with assistance provided under the Convention; and
shall pay into the Consolidated Fund any sums which he receives under the Convention by way of reimbursement of any expenses which he so incurs.
Subject to subsection (3) below, the provisions of the Convention set out in the Schedule to this Act shall have the force of law in the United Kingdom and shall for that purpose be construed as granting any privilege or immunity which they require to be afforded.
At any time when a declaration under paragraph 9 of Article 8 of the Convention is in force, the provisions mentioned in subsection (2) above shall only have the force of law in the United Kingdom to the extent that the United Kingdom considers itself bound by them in accordance with the terms of the declaration.
Her Majesty may by Order in Council certify whether Her Majesty’s Government in the United Kingdom has made or withdrawn a declaration under paragraph 9 of Article 8 of the Convention.
Nothing in this section shall be construed as granting any privilege or immunity to a person who is a United Kingdom national or permanently resident in the United Kingdom or prejudice any privilege or immunity afforded pursuant to any other international agreement or rule of customary international law.
If in any proceedings any question arises whether a person is or is not entitled to any privilege or immunity by virtue of this section, a certificate issued by or under the authority of the Secretary of State stating any fact relevant to that question shall be conclusive evidence of that fact.
If at any time Her Majesty’s Government in the United Kingdom calls for assistance under paragraph 1 of Article 2 of the Convention, the Secretary of State shall take such steps as are necessary to make public the fact that a call for assistance has been made, the nature of the assistance called for and the reasons for making the call.
In this section—
“the Convention” means the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986;
“the Convention” means the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986;
“United Kingdom national” means an individual who is a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen.
“United Kingdom national” means an individual who is a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen.
In section 24(3) of the Nuclear Installations Act 1965 (recovery by Secretary of State of expenses incurred in connection with the enforcement and execution of the Act)—
the following paragraph shall be substituted for paragraph (a)—;
in paragraph (b), the words “whenever incurred” and sub-paragraph (ii) are hereby repealed and for the words “enforcement or execution of this Act” there shall be substituted the words “ exercise by the Secretary of State of his powers under the said subsection (1) ”; and
the words from “except” to the end are hereby repealed.
In section 27(1) of that Act (Northern Ireland adaptations)—
for “to 24” there shall be substituted “ to 24A ”; and
the following paragraph shall be inserted after paragraph (g)—
In Schedule 1 to the Health and Safety at Work etc. Act 1974 (which lists the provisions which are relevant statutory provisions for the purposes of Part I of the Act), in the entry relating to the Nuclear Installations Act 1965, for “24” there shall be substituted “ 24A ”.
In section 2(1)(b) of the Nuclear Industry (Finance) Act 1977, for the words “so specified” there shall be substituted the words “ specified by order ”.
In Schedule 1 to the Health and Safety at Work (Northern Ireland) Order 1978 (which makes provision corresponding to Schedule 1 to the Health and Safety at Work etc. Act 1974), in the entry relating to the Nuclear Installations Act 1965, for “24” there shall be substituted “ 24A ”.
The Nuclear Industry (Finance) Act 1981 is hereby repealed.
This Act may be cited as the Atomic Energy Act 1989.
This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument and different days may be appointed for different provisions.
This Act, except section 6(1) to (3) and (5), extends to the United Kingdom.
Section 6(1) and (3) of this Act extend to Great Britain only.
Section 6(2) and (5) of this Act extend to Northern Ireland only.
Section 5.
The requesting State shall afford the following privileges and immunities to personnel of the assisting party or personnel acting on its behalf who have been duly notified to and accepted by the requesting State:
immunity from arrest, detention and legal process, including criminal, civil and administrative jurisdiction, of the requesting State, in respect of acts or omissions in the performance of their duties; and
exemption from taxation, duties or other charges, except those which are normally incorporated in the price of goods or paid for services rendered, in respect of the performance of their assistance functions.
The requesting State shall:
afford the assisting party exemption from taxation, duties or other charges on the equipment and property brought into the territory of the requesting State by the assisting party for the purpose of the assistance; and
provide immunity from seizure, attachment or requisition of such equipment and property.