Part 1

The Civil Nuclear Industry
Chapter 1

Nuclear decommissioning

Supplementary provisions of Chapter 1 of Part 1

Meaning of “nuclear site” etc. and “person with control”
36
1
In this Chapter “nuclear site” means a principal nuclear site or a contaminated site.
2
In this Chapter—
- “contaminated site” means the whole or a part of a site which is not a principal nuclear site but—
  1. has been and remains contaminated (whether radioactively or chemically) as a result of nuclear activities; or
  2. is the location of hazardous material;
- “principal nuclear site” means the whole or a part of a site of any of the following descriptions—
  1. a site in respect of which a nuclear site licence is or is required to be in force;
  2. a site in respect of which such a licence would be required to be in force if the licensing requirements of the 1965 Act applied to the Crown;
  3. a site not falling within paragraph (a) or (b) in or on which there is an NDA facility;
  4. a site on which there is an installation used for practical research into the production of energy by the fusion of atomic nuclei;
  5. a site which has been a site falling within paragraphs (a) to (d) but which, without being such a site, remains contaminated (whether radioactively or chemically) as a result of nuclear activities carried on while it was such a site or before it became one.
3
References in this Chapter to the person with control of an installation, site or facility are references—
a
in the case of—
i
a site in relation to which a nuclear site licence is held by a person whose period of responsibility (within the meaning of the 1965 Act) is still current, or
ii
a nuclear installation in or on such a site,
to that person;
b
in the case of an installation or site which—
i
is an installation in or on a site occupied by or on behalf of the Crown or is itself such a site, and
ii
is an installation or site in the case of which there is a person appointed by an order made by the Secretary of State to be the person with control,
to that person;
c
in the case of a facility which—
i
is not an installation to which paragraph (a) or (b) applies; but
ii
is operated on a single site to which one of those paragraphs does apply,
to the person with control of the site;
d
in the case of an installation or facility which—
i
is not an installation or facility to which paragraph (a), (b) or (c) applies; but
ii
is operated on a single site by a person who (without being the owner of the site) is in occupation of it,
to the occupier of the site;
e
in the case of a facility which is operated otherwise than on a single site, to the operator of the facility;
f
in the case of anything in or under the territorial sea adjacent to the United Kingdom, to the Secretary of State;
g
in the case of a site to which none of the preceding paragraphs applies, to the owner of the site;
h
in the case of an installation or facility to which none of those paragraphs applies, to the occupier of the site where the installation or facility is located.
4
An order for the purposes of subsection (3)(b) is subject to the negative resolution procedure.
5
For the purposes of this section something is contaminated as a result of nuclear activities if the contamination (whenever occurring), or any of it, is the direct or indirect result of one or more of the following—
a
activities carried on in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
b
the storage or disposal of any matter or substance in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
c
an incident occurring in or on an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
d
the discharge of anything from an installation, site or facility which was at the time, or subsequently became, a nuclear installation, a principal nuclear site or an NDA facility;
e
the transportation of hazardous material to or from a principal nuclear site or an installation or facility in or on such a site;
f
an incident affecting hazardous material being transported to or from a principal nuclear site or an installation or facility in or on such a site.
S. 36 in force at 24.8.2004 for specified purposes by S.I. 2004/2184, art. 2(1), Sch. 1
S. 36 in force at 5.10.2004 in so far as not already in force by S.I. 2004/2575, art. 2(1), Sch. 1