SCHEDULE 2Further amendments
PART 1Primary legislation
Nuclear Installations Act 19691
The Nuclear Installations Act 196946 is repealed.
Congenital Disabilities (Civil Liability) Act 19762
1
Section 3 of the Congenital Disabilities (Civil Liability) Act 197647 (disabled birth due to radiation) is amended as follows.
2
In subsection (1), for the words from “respect of” to the end substitute—
respect of—
a
injury, damage or significant impairment of the environment caused by occurrences involving nuclear matter or the emission of ionising radiations, or
b
injury or damage caused by preventive measures taken after a breach of duty under section 7, 7B, 8, 9 or 10 of that Act.
3
In subsection (3)—
a
after “parents” insert “that is”;
b
after “etc)” insert “or that is an injury falling within subsection (3A)”.
4
After subsection (3) insert—
3A
An injury falls within this subsection if—
a
it is caused by ionising radiations, and
b
exposure to those ionising radiations is the result of preventive measures having been taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of that Act.
5
In subsection (4)—
a
for “13(6)” substitute “13(7)”;
b
for the words from “reference” to “fault of” substitute “references in section 13(7) to a person’s act or omission were references to the act or omission of”.
Deregulation and Contracting Out Act 19943
In section 37 of the Deregulation and Contracting Out Act 199448 (power to repeal certain health and safety provisions etc), in subsection (10)—
a
in paragraph (a), for “6” substitute “5”;
b
after paragraph (a) (and before the “and”) insert—
aa
section 6 of that Act, so far as it relates to sites in respect of which nuclear site licences (within the meaning of that Act) have been granted,
Energy Act 20134
In section 82(2) of the Energy Act 201349 (meaning of “relevant statutory provisions”), in paragraph (b), for “sections 3 to 6;” substitute—
sections 3 to 5;
section 6, so far as it relates to sites in respect of which nuclear site licences have been granted;
PART 2Secondary legislation
The Safety Representatives and Safety Committees Regulations 19775
In regulation 2 of the Safety Representatives and Safety Committees Regulations 197750 (interpretation), in paragraph (1), in the definition of “relevant nuclear provisions”, in paragraph (a), for “3 to 6” substitute “3 to 5, 6 (so far as it relates to sites in respect of which nuclear site licences have been granted)”.
The Nuclear Installations (Increase of Operators’ Limits of Liability) Order 19946
The Nuclear Installations (Increase of Operators’ Limits of Liability) Order 199451 is revoked.
The Employers’ Liability (Compulsory Insurance) Regulations 19987
1
The Employers’ Liability (Compulsory Insurance) Regulations 199852 are amended as follows.
2
In regulation 9(2) (employers exempted to an extent from the requirement to insure and maintain insurance), after “13” insert “, 13A”.
3
In Schedule 2 (employers exempted from insurance requirement), after paragraph 13 insert—
13A
Any operator of a relevant disposal site within the meaning of the Nuclear Installations Act 1965, in respect of any liability to pay compensation under that Act to any of the operator’s employees in respect of a breach of duty imposed on the operator by virtue of section 7B of that Act.
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 19998
1
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 199953 is amended as follows.
2
In Schedule 1 (enactments conferring functions transferred to the Scottish Ministers), in the entry for the 1965 Act—
a
in column 1, omit paragraphs (b), (c), (d) and (e);
b
in column 2, omit the entries relating to paragraphs (c) and (e).
3
In Schedule 3 (enactments conferring functions to be exercised subject to agreement or consultation), in the entry for the 1965 Act, in column 1, omit the words from “sections” to “21(1A) and (3) and”.
The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 20069
1
The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 200654 are amended as follows.
2
In regulation 5(2) (modification of section 78A of the Environmental Protection Act 1990), in the inserted section 78A(2A) (definition of “land contaminated by a nuclear occurrence”)—
a
in paragraph (a), after “7,” insert “7B,”;
b
in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;
c
in paragraph (b), for “10(1)” substitute “10(1)(b)”;
d
after paragraph (b) (and before the “or”) insert—
ba
damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;
e
in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.
3
In regulation 17 (modification of section 78YB of the Environmental Protection Act 1990), in paragraph (3) (insertion of section 78YB(4A) to (4C))—
a
after inserted subsection (4A) insert—
4AA
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a relevant disposal site.
b
after inserted subsection (4B) insert—
4BA
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a site used by the Secretary of State for Defence for a purpose which, if section 7B of the 1965 Act applied to the Crown, would cause the site to be a relevant disposal site.
4
In regulation 17(4), in the substituted section 78YB(5) (definitions), at the appropriate place insert—
“relevant disposal site” has the meaning given by section 7B of the 1965 Act.
The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 200610
1
The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 200655 are amended as follows.
2
In regulation 5(2) (modification of section 78A of the Environmental Protection Act 1990), in the inserted section 78A(2A) (definition of “land contaminated by a nuclear occurrence”)—
a
in paragraph (a), after “7,” insert “7B,”;
b
in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;
c
in paragraph (b), for “10(1)” substitute “10(1)(b)”;
d
after paragraph (b) (and before the “or”) insert—
ba
damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;
e
in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.
3
In regulation 17 (modification of section 78YB of the Environmental Protection Act 1990), in paragraph (3) (insertion of section 78YB(4A) to (4C))—
a
after inserted subsection (4A) insert—
4AA
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a relevant disposal site.
b
after inserted subsection (4B) insert—
4BA
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a site used by the Secretary of State for Defence for a purpose which, if section 7B of the 1965 Act applied to the Crown, would cause the site to be a relevant disposal site.
4
In regulation 17(4), in the substituted section 78YB(5) (definitions), at the appropriate place insert—
“relevant disposal site” has the meaning given by section 7B of the 1965 Act.
The Radioactive Contaminated Land (Scotland) Regulations 200711
1
The Radioactive Contaminated Land (Scotland) Regulations 200756 are amended as follows.
2
In regulation 1(3) (interpretation), in the definition of “land contaminated by a nuclear occurrence”—
a
in paragraph (a), after “7,” insert “7B,”;
b
in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;
c
in paragraph (b), for “10(1)” substitute “10(1)(b)”;
d
after paragraph (b) (and before the “or”) insert—
ba
damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;
e
in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.
3
In regulation 3(a) (insertion of section 78A(2ZA) to (2A) of the Environmental Protection Act 1990), in the inserted section 78A(2A) (definition of “land contaminated by a nuclear occurrence”)—
a
in paragraph (a), after “7,” insert “7B,”;
b
in paragraph (b), for “7(1)(a) or (b)” substitute “7(1A)(b) or (1C)(b)”;
c
in paragraph (b), for “10(1)” substitute “10(1)(b)”;
d
after paragraph (b) (and before the “or”) insert—
ba
damage caused by preventive measures taken after a breach of a duty imposed by section 7, 7B, 8, 9 or 10 of the 1965 Act in respect of which a claim for compensation may be made under section 11H(2) of the 1965 Act or could have been made if section 11H(4) of the 1965 Act had not been enacted;
e
in paragraph (c)(i), for “16(1) and (2)” substitute “16(1), (1ZA), (1ZB), (2), (3B) or (3C)”.
4
In regulation 15 (modification of section 78YB of the Environmental Protection Act 1990)—
a
after the inserted section 78YB(5) insert—
5A
This Part does not apply in respect of contaminated land within a relevant disposal site.
b
after the inserted section 78YB(6) insert—
6A
This Part does not apply in respect of contaminated land within a site used by the Secretary of State for Defence for a purpose which, if section 7B of the 1965 Act applied to the Crown, would cause the site to be a relevant disposal site.
c
in the inserted section 78YB(8), for the definition of “nuclear site licence” and “period of responsibility” substitute—
“nuclear site licence”, “period of responsibility” and “relevant disposal site” have the meanings given by the 1965 Act.