SCHEDULE 2Further amendments

PART 2Secondary legislation

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.