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Miscellaneous and generalE+W+S+N.I.

26 Interpretation.E+W+S+N.I.

(1)In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

[F19(1A)A reference in this Act to a relevant reciprocating territory is a reference to—

(a)a country that is not a party to a relevant international agreement but whose law—

(i)with a view to reciprocating benefits conferred as regards it by parties to that relevant international agreement, confers benefits as regards the parties to that relevant international agreement on a basis corresponding to the basis required of a party to that agreement, disregarding for these purposes that agreement’s limits on the amount of liability, and

(ii)in that respect is based on principles identical to those of that relevant international agreement, or

(b)an overseas territory of a country falling within paragraph (a), if the law of the country or the territory provides for, or they together provide for, the benefits in question to be reciprocated on a basis that includes that territory.

(1B)A reference in this Act to a qualifying territory is a reference to—

(a)a relevant territory,

(b)a country in the case of which there is no nuclear installation—

(i)within its territorial limits or its exclusive economic zone or on its continental shelf, or

(ii)within the territorial limits or the exclusive economic zone of, or on the continental shelf of, any overseas territory of the country,

(c)an overseas territory of a country falling within paragraph (b),

(d)an overseas territory of a country that is a party to a relevant international agreement where the territory—

(i)is not a territory to which that agreement applies, and

(ii)has no nuclear installation within its territorial limits or its exclusive economic zone or on its continental shelf, or

(e)a relevant reciprocating territory.

(1C)In sections 13(5), 16(1ZB) and (3C), 16A(6)(b) and (9) and 17D(3), subsection (1A) of this section and paragraphs 2 and 3 of Schedule 1A, a reference to the law of a country or territory includes a reference to the law of part of it.

(1D)In the case of an overseas territory of a country (including an overseas territory of the United Kingdom), a reference in this Act to the law of the territory is to be treated as including a reference to law that has effect with respect to the territory.]

[F20(1E)A reference in this Act to the exclusive economic zone of a country or territory, except in the definitions of “exclusive economic zone” and “relevant maritime zone” in subsection (1), includes a reference to any zone established in accordance with international law which—

(a)is adjacent to the territorial sea of that country or territory, and

(b)extends no more than 200 nautical miles from the baselines from which that territorial sea is measured, and

in which the country or territory exercises some of the rights that are exercisable under Part V of the United Nations Convention on the Law of the Sea (Cmnd 8941).]

(2)References in this Act to the carriage of nuclear matter shall be construed as including references to any storage incidental to the carriage of that matter before its delivery at its final destination.

[F21(2A)If nuclear matter is in a place at a particular time as a consequence of an occurrence falling within section 7(1B) (including section 7(1B) as applied by section 7B, 8 or 9), 10(1) or 11, neither the presence of the matter in that place at that time nor any effect that the matter produces at that time is to be treated as a separate occurrence falling within any of those provisions.]

[F22(2B)In relation to an occurrence or event in respect of which one or more persons incur liability—

(a)by virtue of section 7, 7B, 8, 9 or 10, or

(b)by virtue of any relevant foreign law made for purposes corresponding to those of any of those sections,

a country or overseas territory of a country is not to be treated as a relevant territory, special relevant territory, relevant reciprocating territory or qualifying territory, unless it is such a country or territory at the time of the occurrence or event.]

(3)Any question arising under this Act as to whether [F23at any given time]

(a)any person is a relevant foreign operator; F24...

(b)any law is the relevant foreign law with respect to any matter; F25...

[F26(c)any country or territory is a relevant territory;

(d)a relevant territory satisfies the conditions in section 16A(7);

(e)an overseas territory of a country is a territory to which a particular relevant international agreement applies;

(f)a country or territory is a relevant reciprocating territory;

(g)a place is within an exclusive economic zone or relevant maritime zone or on the continental shelf of a country or territory; or

(h)a country or territory has a nuclear installation within its territorial limits or its exclusive economic zone or on its continental shelf,]

shall be referred to and determined by the Minister.

(4)Save where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Annotations:

Amendments (Textual)

F1 Definitions of "the appropriate environment authority" and "the appropriate national authority" in s. 26(1) substituted for definition of “the appropriate Agency” (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 26(2); S.I. 2014/251, art. 4

F2Definitions in s. 26(1) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(3) (with art. 40)

F4S. 26(1): Definition of "inspector" omitted (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 26(3); S.I. 2014/251, art. 4

F5S. 26(1): Words in definition of “nuclear site licence" substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 26(4); S.I. 2014/251, art. 4

F6Words in s. 26(1) substituted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(a)(i) (with art. 40)

F7Words in s. 26(1) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(a)(ii) (with art. 40)

F8Word in s. 26(1) omitted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by virtue of The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(a)(iii) (with art. 40)

F9Words in s. 26(1) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(a)(iv) (with art. 40)

F10S. 26(1): Definition of "ONR" inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 26(5); S.I. 2014/251, art. 4

F11S. 26(1): Words in definition of “period of responsibility” substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 26(6); S.I. 2014/251, art. 4

F12Words in s. 26(1) substituted (15.11.1999) by S.I. 1999/2786, art. 3(1)

F13Words in s. 26(1) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(b)(i) (with art. 40)

F14Words in s. 26(1) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(b)(ii) (with art. 40)

F15Words in s. 26(1) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(c)(i) (with art. 40)

F16Words in s. 26(1) substituted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(c)(ii) (with art. 40)

F17Words in s. 26(1) substituted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(d) (with art. 40)

F18Word in s. 26(1) substituted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(2)(e) (with art. 40)

F19S. 26(1A)-(1D) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(4) (with art. 40)

F20S. 26(1E) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(5) (with art. 40)

F21S. 26(2A) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(6) (with art. 40)

F22S. 26(2B) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(7) (with art. 40)

F23Words in s. 26(3) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(8)(a) (with art. 40)

F24Word in s. 26(3)(a) omitted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by virtue of The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(8)(b) (with art. 40)

F25Word in s. 26(3)(b) omitted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by virtue of The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(8)(c) (with art. 40)

F26S. 26(3)(c)-(h) substituted for s. 26(3)(c) (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), arts. 1(2), 38(8)(d) (with art. 40)

Modifications etc. (not altering text)

C1S. 26(1): functions conferred by the definitions of “excepted matter” and “nuclear matter” made exercisable only after consultation with the Scottish Ministers (S.) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3

C2Functions of Minister of Power under this Act now exercisable by Secretary of State: S.I. 1969/1498 and 1970/1537

Marginal Citations