Duties of certain foreign operators7

1

Section 10 of the 1965 Act (duty of certain foreign operators) is amended as follows.

2

For subsection (1) substitute—

1

It is the duty of a relevant foreign operator to secure that no occurrence involving nuclear matter which is not excepted matter and satisfying the conditions in subsections (2) and (4) causes—

a

injury to any person,

b

damage to any property of any person other than that operator, or

c

significant impairment of the environment,

being injury, damage or impairment that arises out of or results from the radioactive properties, or a combination of those and any toxic, explosive or other hazardous properties, of that nuclear matter.

1A

It is the duty of a relevant foreign operator to secure that no event happens that creates a grave and imminent threat of a breach of the duty under subsection (1).

3

For subsection (2) substitute—

2

The condition in this subsection is that the occurrence is—

a

an occurrence taking place wholly or partly within United Kingdom limits; or

b

an occurrence taking place outside those limits which also involves nuclear matter in respect of which a duty is imposed on any person by section 7, 7B, 8 or 9.

3

For the purposes of subsection (2), an occurrence takes place within United Kingdom limits if it takes place—

a

within the territorial limits of the United Kingdom, or

b

within the limits of the United Kingdom’s relevant maritime zone,

and the limits of that zone are to be treated as applying to sea, sea bed, subsoil and airspace.

4

The condition in this subsection is that the nuclear matter involved in the occurrence would, if the relevant foreign operator were the licensee of a licensed site and that operator’s relevant site were a licensed site, satisfy the requirement in section 7A(1) in relation to the relevant foreign operator at the time of the occurrence.