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Nuclear Safeguards Act 2018

Territorial extent and application

  1. The provisions of the Nuclear Safeguards Act extend to the whole of the United Kingdom.
  2. Her Majesty may by Order in Council under section 117 of the 2013 Act provide that the provisions of the 2013 Act as amended by this Act apply, so far as specified, in relation to persons, premises, activities, articles, substances or other matters, outside the United Kingdom as they apply within the United Kingdom.
  3. The power under section 2 of the Nuclear Safeguards Act includes power to amend the Nuclear Safeguards and Electricity (Finance) Act 1978 ("1978 Act") and the Nuclear Safeguards Act 2000 ("2000 Act"). Section 12(4) of the 2000 Act enables Her Majesty by Order in Council to direct that provisions of the 1978 or 2000 Acts extend to any of the Channel Islands, the Isle of Man or any British overseas territory. Section 5(3) of the Nuclear Safeguards Act ensures that the power under section 12(4) of the 2000 Act may be exercised in relation to any amendment or repeal of the 1978 or 2000 Act made by regulations under section 2.
  4. Nuclear safeguards are not devolved; the provisions of the Nuclear Safeguards Act are not within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly. Accordingly, the Government has not sought legislative consent motions from any of the devolved legislatures.
  5. The table in Annex A provides a summary of the position regarding territorial extent and application in the United Kingdom.

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