|
| |
| | |
| | |
| |
| | | “22 | Reporting of and inquiries into dangerous occurrences |
|
| | | (1) | The provisions of this section apply where any prescribed occurrence |
|
| | | |
| | | (a) | on a licensed site, or |
|
| | | (b) | in the course of the carriage of nuclear matter on behalf of any |
|
| | | person where a duty with respect to that carriage is imposed |
|
| | | on that person by section 7, 10 or 11 of this Act. |
|
| | | (2) | The licensee or other person mentioned in subsection (1) must ensure |
|
| | | that the occurrence is reported without delay in the prescribed |
|
| | | |
| | | (a) | to the appropriate national authority, and |
|
| | | (b) | to such other persons, if any, as may be prescribed in relation |
|
| | | to occurrences of that kind. |
|
| | | (3) | A person who is required by virtue of subsection (2) to report an |
|
| | | occurrence and who fails to do so is guilty of an offence. |
|
| | | (4) | A person convicted of an offence under subsection (3) in England and |
|
| | | Wales or Scotland is liable— |
|
| | | (a) | on conviction on indictment to imprisonment for a term not |
|
| | | exceeding 2 years, or a fine, or both; |
|
| | | (b) | on summary conviction to imprisonment for a term not |
|
| | | exceeding 12 months, or a fine (in England and Wales) or a |
|
| | | fine not exceeding £20,000 (in Scotland), or both. |
|
| | | (5) | A person convicted of an offence under subsection (3) in Northern |
|
| | | Ireland is liable on summary conviction to imprisonment for a term not |
|
| | | exceeding 3 months, or a fine not exceeding level 3 on the standard |
|
| | | |
| | | (6) | In relation to an offence committed before the commencement of |
|
| | | section 154(1) of the Criminal Justice Act 2003 (general limit on |
|
| | | magistrates’ court’s power to imprison), the reference to 12 months in |
|
| | | subsection (4)(b), as it has effect in England and Wales, is to be read |
|
| | | as a reference to 6 months. |
|
| | | (7) | Before exercising any function under subsection (1) or (2) in or as |
|
| | | regards Scotland, the Secretary of State must consult the Scottish |
|
| | | |
| | | (8) | Subsections (9) to (11) have effect only in relation to a prescribed |
|
| | | occurrence which happens in Northern Ireland. |
|
| | | (9) | The Secretary of State— |
|
| | | (a) | may direct an inspector to make a special report with respect |
|
| | | |
| | | (b) | may cause any such report, or so much of it as it is not in the |
|
| | | Secretary of State’s opinion inconsistent with the interests of |
|
| | | national security to disclose, to be made public at such time |
|
| | | and in such manner as the Secretary of State considers |
|
| | | |
| | | (10) | The Secretary of State may direct an inquiry to be held into the |
|
| | | occurrence and its causes, circumstances and effects. |
|
| | | (11) | Any such inquiry must be held— |
|
|
| |
| | |
| | |
| |
| | | (a) | in accordance with the provisions of Schedule 2 to this Act, |
|
| | | |
| | | (b) | in public, except where or to the extent that it appears to the |
|
| | | Secretary of State expedient in the interests of national |
|
| | | security to direct otherwise.”.’. |
|
| | |
| | | |
| | Schedule 12, page 171, line 35, leave out ‘or Wales’. |
|
| | |
| | | |
| | Schedule 12, page 171, line 40, at end insert— |
|
| | | ‘() | in the case of a site in Wales, the Natural Resources Body for |
|
| | | |
| | |
| | | |
| | Schedule 12, page 172, line 1, leave out sub-paragraph (3) and insert— |
|
| | | ‘() | Omit the definition of “inspector”. |
|
| | | () | In the definition of “nuclear site licence” for “section 1(1)” substitute “section |
|
| | | |
| | |
| | | |
| | Schedule 12, page 172, leave out line 10 and insert— |
|
| | | ‘() | In the definition of “period of responsibility” for “section 5(3)” substitute |
|
| | | |
| | | 24 | In section 27 (Northern Ireland) omit paragraphs (b) and (c) of subsection (1).’. |
|
| | |
| | | |
| | Schedule 12, page 172, line 13, at end insert— |
|
| | | ‘25A (1) | Schedule 2 is amended as follows. |
|
| | | (1) | In paragraph 1 for “section 22(5)” substitute “section 22(10)”. |
|
| | | (2) | In paragraphs 1, 2, 5 and 6, for “the Minister” in each place where it appears |
|
| | | substitute “the Secretary of State”. |
|
| | | |
| | | (a) | for “or, in Scotland, the Court of Session, and the High Court or Court |
|
| | | of Session” substitute “and the High Court”; |
|
| | | (b) | omit “or, as the case may be, the Court of Session”. |
|
| | | |
| | | (5) | For the title substitute “Inquiries under section 22(10) relating to occurrences |
|
| | | |
|
| |
| | |
| | |
| |
| | | Consequential repeals and revocations |
|
| | | 25B | In consequence of the amendments made by paragraphs 16 to 25A, the |
|
| | | provisions listed in the following Table are repealed or revoked to the extent |
|
| | | |
| | | Extent of repeal or revocation |
| | | | | Electricity Act 1989 (c. 29) |
| In Schedule 16, paragraph 11. |
| | | | | | In Schedule 25, paragraph 33. |
| | | | | Radioactive Substances Act 1993 |
| In Schedule 4, paragraph 2. |
| | | | | | | | | | | Environment Act 1995 (c. 25) |
| In Schedule 22, paragraphs 7 to 9. |
| | | | | | | | | | | | | | | | | | In section 112(3), the words “(other than section |
| | | | | | | | | | | Marine and Coastal Access Act |
| In Schedule 14, paragraph 6. |
| | | | | | | | | | | The Nuclear Installations Act 1965 |
| Schedule 1, except for the entry relating to section 25 |
| | | | | etc. (Repeals and Modifications) |
| of the Nuclear Installations Act 1965. |
| | | | | Regulations 1974 (S.I. 1974/ |
| | | | | | | | | | | | | In Schedule 2, paragraphs 1, 2, 3 and 6. |
| | | | | The Nuclear Installations Act 1965 |
| In the Schedule, paragraph 1. |
| | | | | (Repeal and Modifications) |
| | | | | | Regulations 1990 (S.I. 1990/ |
| | | | | | | | | | | | The Scotland Act 1998 (Transfer of |
| In Schedule 1, in the entry for the Nuclear |
| | | | | Functions to the Scottish |
| Installations Act 1965, in column 1, in paragraph |
| | | | | Ministers etc.) Order 1999 |
| | | | | | | | | | | | | In Schedule 3, in the entry for the Nuclear |
| | | | | | Installations Act 1965, in column 1, the words— |
| | | | | | | | | | | | (b) | “and 22(1) and (2),”. |
| | | | | The Water Industry (Scotland) Act |
| In the Schedule, paragraph 5. |
| | | | | | | | | | | Modifications) Order 2004 |
| | | | | | | | | | | | The Environmental Permitting |
| In Part 1 of Schedule 26, paragraph 2. |
| | | | | | | | | | | Regulations 2010 (S.I. 2010/ |
| | | | | | | | | | | | The Natural Resources Body for |
| In Part 1 of Schedule 2, paragraph 41.’. |
| | | | | Wales (Functions) Order 2013 |
| | | | | | | | | |
|
| | |
| | | |
| | Schedule 12, page 172, line 22, leave out ‘not exceeding £20,000,’ and insert ‘(in |
|
| | England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland),’. |
|
|
| |
| | |
| | |
| |
| | Amendments to clause 126 and schedule 14 |
|
| | |
| | |
| | |
| | | |
| | Schedule 14, page 192, line 9, leave out subsection (4). |
|
| | |
| | |
| | |
| | | |
| | Schedule 14, page 192, line 18, at end insert ‘unless one or more consumers have |
|
| | suffered loss or damage greater than this value.’. |
|
| | |
| | |
| | |
| | | |
| | Schedule 14, page 192, line 24, at end insert ‘unless one or more consumers have |
|
| | suffered loss or damage greater than this value.’. |
|
| | |
| | |
| | |
| | | |
| | Schedule 14, page 198, line 31, leave out subsection (4). |
|
| | |
| | |
| | |
| | | |
| | Schedule 14, page 198, line 40, at end insert ‘unless one or more consumers have |
|
| | suffered loss or damage greater than this value.’. |
|
| | |
| | |
| | |
| | | |
| | Schedule 14, page 198, line 46, at end insert ‘unless one or more consumers have |
|
| | suffered loss or damage greater than this value.’. |
|
| | |
