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Scotland Act 1998

Section D4: Nuclear Energy
Purpose and Effect

This Section reserves nuclear energy and nuclear installations, including the regulation of the nuclear energy industry.  This does not include certain environmental responsibilities as they affect nuclear installations.

General

This Section reserves all matters relating to the production and use of nuclear energy and related research.  Certain administrative functions in relation to civil nuclear site licences and permits, certain functions regarding liability for nuclear incidents and cover for compensation, and inspection of nuclear sites, which were responsibilities of the Secretary of State for Scotland, are the subject of executive devolution to the Scottish Ministers.  Planning for emergencies at civil nuclear sites is also the responsibility of the Scottish Ministers, but is not governed by legislation.  The reservation is in line with a general reservation of energy matters.

For the avoidance of doubt the current duties of the Scottish Environment Protection Agency in relation to the keeping and use of radioactive material other than at licensed nuclear sites, the disposal of radioactive waste and the regulation of non-nuclear activities at nuclear installations, are not reserved.

Parliamentary Consideration
StageDateColumn
CR19-May-98815
LC23-Jul-981138
Details of Provisions
Reservation

The reservation is of all matters relating to nuclear energy and nuclear installations, including nuclear safety, nuclear security and safeguards, and liability for nuclear occurrences.

The areas covered by the reservation include the development, production and use of nuclear energy, nuclear site licensing, nuclear safety, nuclear security, liability for nuclear occurrences and insurances in respect of such liability, nuclear safeguards required by international treaties, and the United Kingdom Atomic Energy Authority.

Exceptions

The subject-matter of:

(a)

Part I of the Environmental Protection Act 1990;

(b)

the Radioactive Substances Act 1993.

These enactments deal with the duties of the Scottish Environment Protection Agency and (formerly) the Secretary of State for Scotland in relation to the keeping and use of radioactive material other than at licensed nuclear sites, the disposal of radioactive waste and the regulation of non-nuclear activities at nuclear installations.

Executive devolution

The following functions have been included in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Nuclear Installations Act 1965 (c.57):

(a)

section 2;

The function of the Secretary of State as “the Minister” to grant permits, and ancillary powers.

(b)

sections 6 and 17(1) and (4);

The function of the Secretary of State as “the Minister” to maintain a list of licensed sites.

The functions of the Secretary of State as “the Minister” to certify certain matters relating to jurisdiction, shared liability and foreign judgements.

(c)

section 19(1), (3) and (4);

The functions of the Secretary of State as “the Minister” in relation to special cover for the licensee’s liability.

(d)

section 20; and

The functions of the Secretary of State as “the Minister” in relation to furnishing of information relating to the licensee’s cover.

(e)

section 23.

The function of the Secretary of State as “the Minister” to order registration of particulars of a person.

The following functions have been made exercisable by a Minister of the Crown subject to a requirement for agreement of or consultation with the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Nuclear Installations Act 1965 (c.57), sections 1(1)(b) and (2), 16(1) and (1A), 18(1B), 21(1A) and (3) and 22(1) and (2), and in section 26(1) the definitions of “excepted matter” and “nuclear matter”.

Section 1(1)(b) - The function of the Secretary of State to prescribe a class or description of installation.

Section 16(1A) - The function of the Secretary of State with the approval of the Treasury by order to increase or further increase either or both of the amounts specified in section 16(1) (limits on the aggregate amount of compensation).

The Nuclear Installations Act 1965 (c.57), sections 1(1)(b) and (2), 16(1) and (1A), 18(1B), 21(1A) and (3) and 22(1) and (2), and in section 26(1) the definitions of “excepted matter” and “nuclear matter” (contd.).

Section 18(1B) - The function of the Secretary of State with the approval of the Treasury by order to increase or further increase the sum expressed in special drawing rights in section 18(1A).

Section 21(1A) - The function of the Secretary of State with the approval of the Treasury by order to increase or further increase the sum expressed in special drawing rights in section 21(1).

Section 22(1) - The function of the Secretary of State to prescribe a class or description of occurrence.

Section 22(2) - The function of the Secretary of State to prescribe persons to whom an occurrence is to be reported.

Section 26(1) - The function of the Secretary of State to prescribe exemptions, and to prescribe other fissile material.

Residual Functions

The functions of the Secretary of State for Scotland under the Nuclear Installations Act 1965 were transferred to the Secretary of State by the Transfer of Functions (Nuclear Installations) Order 1999 (S.I. 1999/2786).

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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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