Nuclear Installations Act 1965

[F1 24

( 1 ) The Secretary of State may appoint as inspectors for the purpose of assisting him in the execution of the provisions of this Act, other than [F2 sections 1, 3 to 6, 22 and 24A of this Act], such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed such payments by way of remuneration, allowances or other payments as the Secretary of State may with the approval of the Minister for the Civil Service determine.

(2) Any such inspector may for that purpose exercise such of the powers set out in section 20(2) of the M1 Health and Safety at Work etc. Act 1974 as are specified in his instrument of appointment and the provisions of sections 28 (restrictions on disclosure of information), 33 (offences) and 39 (prosecutions by inspectors) of that Act shall apply in the case of inspectors so appointed as they apply in the case of inspectors appointed under section 19 of that Act.

(3) In such cases and to such extent as it may appear to the Secretary of State, with the agreement of the Treasury, to be appropriate so to do, the Secretary of State shall require a licensee to repay to the Secretary of State such part as may appear to the Secretary of State to be attributable to the nuclear installations in respect of which nuclear site licences have been granted to that licensee of—

(a) [F3 any sums paid by the Secretary of State under subsection (1) of this section;]

(b) any expenses, . . . F4 , being—

(i) expenses incurred by the Secretary of State; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(iii) expenses incurred by any government department; or

(iv) such sums as the Treasury may determine in respect of the use of any premises belonging to the Crown,

which the Secretary of State may, with the consent of the Treasury, determine to be incurred in connection with the, [F5 exercise by the Secretary of State of his powers under the said subsection (1)],

and the licensee shall comply with such requirement; and any sums so repaid to the Secretary of State shall be paid into the Consolidated Fund, . . . F6 [F7 and except that in so far as sums so repaid relate to expenses incurred by the Scottish Administration they shall be paid to the Scottish Ministers. ]

( 4 ) Any liability of a licensee in respect of sums payable by him under subsection (3) of this section on account of pensions shall, if the Secretary of State so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Minister for the Civil Service, by reference to remuneration.]

Extent Information

E1 This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 S. 24 beginning "The Secretary of State" is substituted for S.24 beginning "The Minister may appoint" (E.W.)(S.) by S.I. 1974/2056

F2 Words in s. 24 substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 24; S.I. 2014/251, art. 4

F3 S. 24(3) (a) (as applicable E. W. S.) substituted by Atomic Energy Act 1989 (c.7, SIF 8), s. 6(1)(a)

F4 S. 24(3)(b) (as applicable E.W.S.) the words “whenever incurred” and subparagraph (ii) repealed by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(1)(b)

F5 S. 24(3)(b) (as applicable E.W.S.) “exercise by the Secretary of State of his powers under the said subsection (1)” substituted for “enforcement or execution of this Act” by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(1)(b)

F6 S. 24(3) (as applicable E. W. S.)the words from “except” to the end repealed by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(1)(c)

F7 Words in s. 24(3) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 38(4) (with art. 5); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C1 S. 24 (as applicable E. W. S.) amended by S.I. 1988/1222, regs. 3, 4; 1990/1380, arts. 3, 4

C2 S. 24(1) functions of Minister for the Civil Service now exercisable by Treasury: S.I. 1981/1670, art. 2(1)(c)(2)

C3 S. 24(4) (as applicable E. W. S.) functions of the Minister for the Civil Service now exercisable by Treasury: S.I. 1981/1670, art. 2(1)(c)(2)

Marginal Citations

M1 1974 c. 37.

24 F8 Inspectors. X1 N.I.

(1) The Minister may appoint as inspectors to assist him in the execution of this Act such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed such payments by way of remuneration, allowances or other payments as the Minister may with the approval of the Treasury determine.

(2) Any such inspector may, for the purposes of the execution of this Act, and subject to production, if so requested, of written evidence of his authority—

(a) subject to subsection (3) of this section, enter—

(i) at all reasonable times during the period of the licensee’s responsibility, upon any premises comprised in any licensed site; or

(ii) at all reasonable times, upon any premises comprised in any site which is being used for such purposes that, but for regulations made by virtue of section 1(2) of this Act, a nuclear site licence would be required in respect thereof,

with such equipment, and carry out such tests and inspections, as the inspector may consider necessary or expedient;

(b) require—

(i) the licensee of any licensed site; or

(ii) the person using any site as mentioned in paragraph (a)(ii) of this subsection; or

(iii) any person with duties on or in connection with any licensed site or any site being used as aforesaid,

to provide the inspector with such information, or to permit him to inspect such documents, relating to the use of the site as the inspector may specify;

(c) enter any place, vehicle, vessel or aircraft involved in any such occurrence as is mentioned in section 22(1) of this Act with such equipment, and carry out such tests and inspections, as he may consider necessary or expedient;

(d) require the licensee or other person referred to in the said section 22(1) concerned in any such occurrence and any other person with duties concerning the nuclear matter involved in the occurrence to provide him with such information, or to permit him to inspect such documents, relating to the nuclear matter as the inspector may specify.

(3) Before carrying out any test in pursuance of his powers under subsection (2)(a) of this section, the inspector shall consult with such persons having duties upon the site as may appear to him appropriate in order to secure that the carrying out of the test does not create any danger.

(4) Any person who obstructs an inspector in the exercise of his powers under subsection (2)(a) or (c) of this section or who refuses or without reasonable excuse fails to provide any information or to permit any inspection reasonably required by the inspector under subsection (2)(b) or (d) thereof shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F9 level 3 on the standard scale], or to imprisonment for a term not exceeding three months, or to both.

(5) Any person who, without the authority of the Minister, discloses any information obtained in the exercise of powers under this Act shall be guilty of an offence and be liable—

(a) on summary conviction, to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months, or to both;

(b) on conviction on indictment, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding two years, or to both.

(6) In such cases and to such extent as it may appear to the Minister, with the agreement of the Treasury, to be appropriate so to do, the Minister shall require a licensee to repay to the Minister such part as may appear to the Minister to be attributable to the nuclear installations in respect of which nuclear site licences have been granted to that licensee of—

(a) any sums paid by the Minister under subsection (1) of this section; and

(b) any expenses, being—

(i) expenses incurred by the Minister; or

(ii) expenses incurred by any other government department in connection with the Ministry of Power; or

(iii) such sums as the Treasury may determine in respect of the use for the purposes of that Ministry of any premises belonging to the Crown,

which the Minister may, with the consent of the Treasury, determine to be incurred in connection with the exercise by the Minister of his powers under the said subsection (1),

and the licensee shall comply with such requirement; and any sums so repaid to the Minister shall be paid into the Exchequer.

(7) Any liability of a licensee in respect of sums payable by him under subsection (6) of this section on account of pensions shall, if the Minister so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.

Editorial Information

X1 S. 24 beginning " The Secretary of State" is substituted (E.W.)(S.)for S.24 beginning "The Minister may appoint" by S.I. 1974/2056.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only.

Textual Amendments

F8 S. 24 beginning "The Secretary of State" is substituted (E.W.)(S.) for S.24 beginning "The Minister may appoint" by S.I. 1974/2056.

F9 “level 3 on the standard scale” substituted (N.I.) for “fifty pounds” by S.I. 1984/703 (N.I. 3), arts. 5, 9

Modifications etc. (not altering text)

C4 S. 24 (as applicable N.I.) modified by S.I. 1978/1039 (N.I. 9), arts. 2(2), 3, Sch. 1