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The Radioactive Contaminated Land (Scotland) Regulations 2007

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Section 78YB

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15.  In section 78YB of the 1990 Act (interaction of Part IIA with other enactments), after subsection (4), insert–

(5) This Part does not apply in respect of contaminated land within a nuclear site.

(6) This Part does not apply in respect of contaminated land on a site–

(a)in respect of which there is no nuclear site licence in force; and

(b)which is used by or on behalf of the Secretary of State for Defence for a purpose which, if section 1 of the 1965 Act applied to the Crown, would require the authority of a nuclear site licence in respect of that site.

(7) This Part does not apply to contaminated land which is in such a condition by reason of the presence in, on or under that land of any substances, in so far as by reason of that presence damage to the contaminated land has occurred, being–

(a)damage caused in breach of any duty imposed by section 7, 8, 9 or 10 of the 1965 Act, or deemed to be so caused by section 12(2) of that Act;

(b)damage which would have been so caused or would have been deemed by section 12(2) of the 1965 Act to have been so caused if, in section 7(1)(a) or (b) of that Act, the words “other than the licensee” or, in section 10(1) of that Act, the words “other than the operator” had not been enacted; or

(c)damage in respect of which any relevant foreign operator or other person is liable under any relevant foreign law, or for which he would be so liable–

(i)but for any exclusion or limitation of liability applying by virtue of any provision of that law made for purposes corresponding to those of section 13(3) or (4)(a), 15, 16(1) and (2) or 18 of the 1965 Act; or

(ii)if any such relevant foreign law which does not contain provision made for purposes corresponding to those of section 13(4)(b) of the 1965 Act did contain such provision.

(8) This Part does not apply in respect of contaminated land if–

(a)action is required to be taken by a local authority under regulation 13(2) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001(1); and

(b)that action would for the purposes of this Part amount to remediation of the relevant land.

(9) In this section–

“nuclear site” means any site in respect of which–

(a)

a nuclear site licence is for the time being in force; or

(b)

after the revocation or surrender of that licence, the period of responsibility of the licensee has not come to an end;

and “nuclear site licence”, “licensee”, “period of responsibility”, “relevant foreign law” and “relevant foreign operator” have the meanings given by the 1965 Act..

(1)

S.I. 2001/2975.

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