Nuclear Installations Act 1965

3 Grant and variation of nuclear site licences. U.K.

(1) A nuclear site licence shall not be granted to any person other than a body corporate and shall not be transferable.

[F1 ( 1A ) The Health and Safety Executive shall consult the appropriate Agency before granting a nuclear site licence in respect of a site in Great Britain.]

(2) Two or more installations in the vicinity of one another may, if the Minister thinks fit, be treated for the purposes of the grant of a nuclear site licence as being on the same site.

(3) Subject to subsection (4) of this section, where it appears to the Minister appropriate so to do in the case of any application for a nuclear site licence in respect of any site, he may direct the applicant to serve on such bodies of any of the following descriptions as may be specified in the direction, that is to say—

(a) any local authority;

[F2 (b) F3 . . . any water undertaker F4 ...; ]

(c) any river purification board within the meaning of the M1 Rivers (Prevention of Pollution) (Scotland) Act 1951, any district board constituted under the Salmon Fisheries (Scotland) Acts 1828, to 1868, the board of commissioners appointed under the M2 Tweed Fisheries Act 1857, and [F5 Scottish Water]; and

(d) any other body which is a public [F6 or local] authority;

notice that the application has been made, giving such particulars as may be so specified with respect to the use proposed to be made of the site under the licence, and stating that representations with respect thereto may be made to the Minister by the body upon whom the notice is served at any time within three months of the date of service; and where such a direction has been given, the Minister shall not grant the licence unless he is satisfied that three months have elapsed since the service of the last of the notices required thereby nor until after he has considered any representations made in accordance with any of those notices.

[F7 (4) Subsection (3) of this section shall not apply in relation to an application in respect of a site for a generating station where a consent under section 36 of the Electricity Act 1989 or [F8 Article 39 of the Electricity (Northern Ireland) Order 1992] is required for the operation of the station.]

(5) A nuclear site licence may include provision with respect to the time from which section 19(1) of this Act is to apply in relation to the licensed site, and where such provision is so included the said section 19(1) shall not apply until that time or the first occasion after the grant of the licence on which any person uses the site for the operation of a nuclear installation, whichever is the earlier [F9 provided that no such provision shall be so included without the consent of the Secretary of State].

(6) The Minister may from time to time vary any nuclear site licence by excluding therefrom any part of the licensed site—

(a) which the licensee no longer needs for any use requiring such a licence; and

(b) with respect to which the Minister is satisfied that there is no danger from ionising radiations from anything on that part of the site.

[F10 ( 6A ) The Health and Safety Executive shall consult the appropriate Agency before varying a nuclear site licence in respect of a site in [F11 Great Britain][F11 England or Wales], if the variation relates to or affects the creation, accumulation or disposal of radioactive waste, within the meaning of [F12 the Radioactive Substances Act 1993][F12 the Environmental Permitting (England and Wales) Regulations 2010]. ]

Textual Amendments

F1 S. 3(1A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25 , s. 120(1) , Sch. 22 para. 7(1) , (with ss. 7(6), 115, 117); S.I. 1996/186 , art.3

F2 S. 3(3)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130) , ss. 58(7) , 101(1) , 141(6) , 160(1)(2)(4) , 189(4)–(10) , 190 , 193(1) , Sch. 25 para. 33 , Sch. 26 paras. 3(1)(2) , 17 , 40(4) , 57(6) , 58

F3 Words in s. 3(3)(b) repealed (1.4.1996) by 1995 c. 25 , s. 120(1)(3) , Sch. 22 para.7(2) , Sch. 24 (with ss. 7(6) , 115 , 117 ); S.I. 1996/186 , art. 3

F4 Words in s. 3(3)(b) repealed (1.4.2010 for W. and 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8 12); S.I. 2011/556, art. 2(2)(o)

F5 Words in s. 3(3)(c) substituted (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822) , art. 1(1) , Sch. para. 5

F6 Words repealed (S) by Local Government (Scotland) Act 1973 (c. 65) , Sch. 29

F7 S. 3(4) substituted by Electricity Act 1989 (c. 29, SIF 44:1) , ss. 112(1)(3) , Sch. 16 para. 11 , Sch. 17 para. 33

F8 Words in s. 3(4) substituted (1.4.1992) by S.I. 1992/231 (N.I. 1) , art. 95(1) , Sch. 12 para. 6 ; S.R. 1992/117 , art. 3(1) .

F9 Words added (E.W.)(S.) by S.I. 1974/2056

F10 S. 3(6A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25 , s. 120(1) , Sch. 22 para. 7(3) , (with ss. 7(6), 115, 117); S.I. 1996/186 , art.3

F11 Words in s. 3(6A) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) , reg. 1(1)(b) , Sch. 26 para. 2(2)(a) (with reg. 1(2) , Sch. 4 )

F12 Words in s. 3(6A) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) , reg. 1(1)(b) , Sch. 26 para. 2(2)(b) (with reg. 1(2) , Sch. 4 )

Modifications etc. (not altering text)

C1 S. 3 modified (N.I.) by S.I. 1978/1039 (N.I. 9) , arts. 2(2) , 3 , Sch. 1

C2 S. 3 saved by virtue of Health and Safety at Work Act 1974 (c. 37, SIF 43:3) , s. 53 , Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv) , Sch. Pt. VII , s. 62

C3 S. 3 modified (7.3.1994) by S.R. 1994/1 , reg. 3

C4 S. 3(1A) extended (Northern Ireland) (5.10.2004) by Energy Act 2004 (c. 20) , ss. 78(1) , 198(2) ; S.I. 2004/2575 , art. 2(1) , Sch. 1

C5 S. 3(2)(3)(6) amended (E.W.)(S.) with the substitution for references to the Minister of references to the Health and Safety Executive by S.I. 1974/2056

C6 S. 3(6A) extended (Northern Ireland) (5.10.2004) by Energy Act 2004 (c. 20) , ss. 78(1) , 198(2) ; S.I. 2004/2575 , art. 2(1) , Sch. 1

Marginal Citations

M1 1951 c. 66 .

M2 1857 c. cxlviii.