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Energy Act 2004

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This is the original version (as it was originally enacted).

19Designation as a related site for the purposes of s. 18
This section has no associated Explanatory Notes

(1)A direction designating a contaminated site—

(a)may specify that the site is to be treated for the purposes of section 18 as a related site; and

(b)if it does so, must specify the installation, site or facility by reference to which the Secretary of State is satisfied as mentioned in subsection (2)(a).

(2)A direction must not specify that a site is to be treated as a related site unless—

(a)the Secretary of State is satisfied that it has become contaminated (whether radioactively or chemically) as a result of nuclear activities in or on a particular installation, site or facility;

(b)that installation, site or facility was at the time of the contamination, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;

(c)the installation, site or facility is also designated (whether by that direction or as a consequence of a previous direction); and

(d)the person with control of that installation, site or facility—

(i)is a Crown appointee, the UKAEA, a publicly owned company or the NDA itself; or

(ii)has consented to the specification of the installation, site or facility for the purposes of subsection (1)(b).

(3)On the giving by the Secretary of State of a direction specifying that a site is to be treated as a related site, he must send a copy of the direction to every person with control of an installation, site or facility by reference to which it is to be so treated.

(4)For the purposes of this section something is contaminated as a result of nuclear activities in or on a particular installation, site or facility if the contamination (whenever occurring), or any of it, is the direct or indirect result of one or more of the following—

(a)activities carried on in or on that installation, site or facility;

(b)the storage or disposal of any matter or substance in or on that installation, site or facility;

(c)an incident occurring in or on that installation, site or facility;

(d)the discharge of anything from that installation, site or facility;

(e)the transportation of hazardous material to or from that installation, site or facility;

(f)an incident affecting hazardous material being transported to or from that installation, site or facility.

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