Nuclear Installations (Jersey) Order 1980
Jersey Order in Council 1/1981
NUCLEAR INSTALLATIONS (JERSEY)
ORDER 1980.
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(Registered on the 21st day of November, 1980).
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At the Court at Buckingham Palace.
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13th
October, 1980.
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PRESENT
The Queen’s Most Excellent Majesty in Council.
____________
HER
MAJESTY in exercise of the powers conferred upon Her by section 28(1) of
the Nuclear
Installations Act 1965, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows –
1. This Order may
be cited as the Nuclear Installations (Jersey) Order 1980 and shall come into
operation on 3rd November 1980.
2. In this Order
“Jersey” means the Bailiwick of Jersey and the territorial waters
adjacent thereto.
3. Sections 10 to
17, 21 to 26 and 30 of the Nuclear Installations Act 1965 and Schedule 2
thereto, shall extend to Jersey with the exceptions, adaptations and
modifications specified in the Schedule to this Order.
N.E. LEIGH,
Clerk of the Privy Council.
SCHEDULE
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF
SECTIONS 10 TO 17, SECTIONS 21 TO 26 AND SECTION 30 OF AND SCHEDULE 2 TO THE
NUCLEAR INSTALLATIONS ACT 1965 TO JERSEY
1. Subject
as hereinafter provided, the provisions referred to in Article 3 of this
Order shall have effect as if –
(a) the Nuclear Installations Act 1965 etc. (Repeals and
Modifications) Regulations 1974 (repeals and modifications consequential on the
Health and Safety at Work etc. Act 1974) had not been made, and
(b) any reference therein to any provision of the Act or
of any other enactment were a reference to that provision as it has effect in Jersey.
2. For
section 10 there shall be substituted the following section: -
“10. In
the case of any nuclear matter which is not excepted matter and which –
(a) is in the course of carriage on behalf of a relevant
operator; or
(b) is in the course of carriage to such an
operator’s relevant installation with the written agreement of that
operator from a place outside the relevant territories; or
(c) having been in such an operator’s relevant
installation or in the course of carriage on behalf of such an operator, has
not subsequently been in any relevant installation or in the course of any
relevant carriage or (except in the course of relevant carriage) within the territorial
limits of a country which is not a relevant territory,
it shall be the duty of that operator to
secure that no occurrence taking place wholly or partly within the territorial
limits of Jersey causes injury to any person or damage to any property of any person
other than that operator, being injury or damage arising out of or resulting
from the radioactive properties, or a combination of those and any toxic,
explosive or other hazardous properties, of that nuclear matter.”.
3. In
section 11 for the words “the United Kingdom” there shall be
substituted the word “Jersey” and for sub-paragraphs (a) and (b) there shall be substituted the words “the carriage is not
relevant carriage”.
4. For
section 12(1) there shall be substituted the following subsection: -
“(1) Where
any injury or damage has been caused in breach of the duty imposed by section
10 of this Act –
(a) subject to sections 13(4), 15, 16(2) and 17(1) of
this Act, compensation in respect of that injury or damage shall be payable
wherever the injury or damage was incurred;
(b) subject to subsections (3) and (4) of this section
and to section 21(2) of this Act, no other liability shall be incurred by any
person in respect of that injury or damage.”.
5. Section
12(3A) shall be omitted.
6. In
section 12(4) –
(a) the words “or in subsection (3A)” shall
be omitted;
(b) for paragraph (a) (repealed by section 6(3) of the Carriage of Goods by Sea
Act 1971) there shall be substituted the following
paragraph: -
“(a) the
operation of the Loi (1926) au sujet du Transport de Marchandises par Mer;
or”;
(c) in paragraph (c) the reference to an Act shall include a reference to a law of
the States of Jersey.
7. In
section 13 –
(a) subsections (1) to (3) shall be omitted;
(b) in subsection (4) –
(i) the
words “7, 8 and 9” shall be omitted;
(ii) in paragraph (a) for the words “the United Kingdom”
there shall be substituted the word “Jersey”;
(iii) in paragraph (b) after the word “shall”
there shall be inserted the words “subject to section 16(2) of this
Act”;
(c) for subsection (5) there shall be substituted the
following subsection: -
“(5) Where,
in the case of an occurrence which constitutes a breach of the duty imposed by
section 10 of this Act, a person other than the person subject to that duty
makes any payment in respect of injury or damage caused by that occurrence and
–
(a) the payment is made in pursuance of any of the
following five international Conventions, that is to say, the draft Convention
(setting out rules relating to bills of lading) of the International Conference
on Maritime Law held at Brussels in October 1922, as amended in
October 1923, the Convention for the unification of certain rules relating to
international carriage by air concluded at Warsaw on 12th October 1929, the
Warsaw Convention as amended at the Hague in 1955, the Convention Supplementary
to the Warsaw Convention held at Guadalajara in 1961 for the unification of
certain rules relating to international carriage by air performed by a person
other than the contracting carrier and the Convention on the Contract for the
international carriage of goods by road signed at Geneva on 19th May 1956, or
(b) the injury or damage was incurred in a country which
is not a relevant territory and the payment is made by virtue of a law of that
country and by a person who has his principal place of business in a relevant
territory or is acting on behalf of such a person,
the person making the payment may make the like claim under this
Act for compensation of the like amount, if any, not exceeding the amount of
the payment made by him as would have been available to him if the injury in
question had been suffered by him, or as the case may be, the property
suffering the damage in question had been his.”;
(d) in subsection (6) the words “7, 8, 9 or”
shall be omitted.
8. In
section 14(1), the words “7(2)(b)
or (c),” and “7, 8,
9,” shall be omitted and the words after “aircraft;”, where
it first occurs, to and including the words “Schedule 1,”
shall be omitted.
9. Section
14(2) shall be omitted.
10. In
section 15(1) –
(a) the words “and to section 16(3) of this
Act” shall be omitted;
(b) for the words “any of sections 7 to 11”
there shall be substituted the words “section 10 or 11”;
(c) for the word “thirty” there shall be
substituted the word “ten”;
(d) the words from “or was one” to
“particular operation” and the words “or succession of
occurrences” shall be omitted.
11. In
section 15(2) the words “7, 8, 9 or” shall be omitted.
12. For
section 16 there shall be substituted the following section: -
“16.-(1) A relevant
operator shall not be required by virtue of section 10 of this Act to make any
payment by way of compensation in respect of an occurrence-
(a) when the occurrence involves nuclear matter in the
course of carriage and the claim is in respect of damage to the means of
transport being used for that carriage unless the relevant law otherwise
provides;
(b) to the extent that the amount required for the
satisfaction of the claim is not required to be available by the relevant law
and has not been made available by means of a relevant contribution.
(2) A
relevant operator shall not be required by virtue of section 12(1)(a) or 13(4)(b) of this Act to make any payment by way of compensation in
respect of an occurrence if he would not have been required to have made that
payment if the occurrence had taken place in his home territory and the claim
had been made by virtue of the relevant law.”.
13. In
section 17 for references to the Minister there shall be substituted references
to the Secretary of State.
14. In
section 17(1) –
(a) for the words “the United Kingdom or any part
thereof” there shall be substituted the word “Jersey”;
(b) the words “or, as the case may be, of some
other part of the United
Kingdom” shall be omitted;
(c) for the words “the United Kingdom or as the case may
be that part thereof” there shall be substituted the word “Jersey”.
15. In
section 17(2) for the words “in a particular part of the United
Kingdom” there shall be substituted the words “of a relevant
territory”.
16. For
section 17(3) there shall be substituted the following subsection: -
“(3) Where
by virtue of section 10 of this Act and of any relevant law, liability in
respect of the same injury or damage is incurred by two or more persons, then,
for the purposes of any proceedings in Jersey relating to that injury or damage
including proceedings for the enforcement of a judgment registered under the Judgments (Reciprocal
Enforcement) (Jersey) Law 1960 both or all of those persons shall
be treated as jointly and severally liable in respect of that injury or damage,
provided that, where such liability is incurred as a result of an occurrence
involving nuclear matter in the course of carriage in one and the same means of
transport, the maximum total amount for which such persons shall be liable,
apart from payments in respect of interest or costs, shall not exceed the
highest amount required to be available by the relevant law, together with such
amounts, if any, as fall to be made available by means of relevant
contributions.”.
17. In
section 17(4), for the words “Part I of the said Act of 1933” there
shall be substituted the words “Part II of the said Law of 1960”
and for the words “section 4 of that Act subsections” there shall
be substituted the words “Article 6 of that Law paragraphs”.
18. In
section 17(5), for the words “the United Kingdom” in both
places where they occur, there shall be substituted the word “Jersey” and for the word “Acts” there
shall be substituted the word “enactments.”.
19. In
section 17(6), for the words “the United Kingdom” there shall
be substituted the word “Jersey”
and the word “foreign” and the words “or in Scotland the execution of
diligence” shall be omitted.
20. For
section 21(1) there shall be substituted the following subsection: -
“(1) Where,
in the case of an occurrence involving nuclear matter in the course of
carriage, a claim in respect of damage to the means of transport being used for
that carriage is duly established against any person by virtue of section 10 of
this Act, then no payment towards its satisfaction shall be made out of funds
which are required to be available for the purpose by the relevant law or which
have been made available by means of a relevant contribution such as to prevent
the satisfaction out of those funds up to an aggregate of £2,100,000 of
all claims which have been or may be duly established against the same person
in respect of injury or damage caused by that occurrence other than damage to
the said means of transport.”.
21. In
section 21(2) the word “foreign” shall be omitted and for the words
“16(2)(a)” there shall be
substituted the words “16(1)(a)”.
22. For
section 21(3) there shall be substituted the following subsection: -
“(3) Where
any nuclear matter is carried by, or on behalf of, or with the agreement of, a relevant
operator in such circumstances that he may incur liability by virtue of section
10 of this Act, and he has pursuant to the relevant law provided the carrier
with a document, issued by or on behalf of the person by whom there fall to be
provided the funds required by the relevant law to be available to satisfy any
claim in respect of the carriage in question, and containing the name and
address of that operator and particulars of those funds, none of the contents
of that document shall be disputed in any court by the person by whom or on
whose behalf it was issued.”.
23. Section
21(4) shall be omitted.
24. In
section 21(5) for the words “Part VI of the Road Traffic Act 1960”
there shall be substituted the words “Motor Traffic (Third Party
Insurance) (Jersey) Law 1948” and the words “7, 8, 9 or”
shall be omitted.
25. In
section 22(1) the words from “(a)”
to “(b)” and the word
“7,” shall be omitted.
26. In
section 22(2) –
(a) the words “licensee
or” in both places where they occur shall be omitted;
(b) for the word
“Minister” there shall be substituted the words
“Committee”;
(c) the words “on
summary conviction” shall be omitted.
27. Section
22(3) shall be omitted.
28. In
section 22(4) for the references to the Minister there shall be substituted references
to the Committee.
29. In
section 22(5) for the references to the Minister, there shall be substituted
references to the Bailiff and for the words “Schedule 2” there
shall be substituted the words “the Schedule”.
30. For
section 22(6) there shall be substituted the following subsection: -
“(6) In
this section ‘prescribed’ means prescribed by Order of the
Committee.”.
31. In
section 23(1) –
(a) for the words “any of sections 7 to 11”,
there shall be substituted the words “section 10 or 11”;
(b) for the words “any of those sections”
there shall be substituted the words “either of those sections”;
(c) the words after “proved” shall be
omitted.
32. In
section 23(2) for the words from “the authority hereinafter” to the
end of the subsection there shall be substituted the words “the
Committee”.
33. For
section 24(1) there shall be substituted the following subsection: -
“(1) The
Committee may appoint as inspectors to assist in the execution of this Act such
number of persons appearing to the Committee to be qualified for the purpose as
the Committee may from time to time consider necessary or expedient, and may
make to or in respect of any person so appointed such payments by way of
remuneration allowances or other payments as the Committee may determine.”.
34. In
section 24(2) paragraphs (a) and
(b) shall be omitted and in paragraph (d) for the words “the licensee or
other” there shall be substituted the word “any”.
35. Section
24(3) shall be omitted.
36. In
section 24(4), the words “(a)
or”, “(b) or” and
“on summary conviction” shall be omitted.
37. In
section 24(5), for the word “Minister” there shall be substituted
the word “Committee” and the words from “(a)” to “indictment” shall be omitted.
38. Section
24(6) and (7) shall be omitted.
39. In
section 25 the words after “accordingly” to the end of subsection
(2) shall be omitted and for subsection (3) there shall be substituted the
following provision: -
“(3) Proceedings
in respect of any offence under this Act shall not be instituted in Jersey except by or with the consent of the Attorney
General for Jersey.”.
40. In
section 26(1) –
(a) the definitions of “the Act of 1959”,
“atomic energy”, “the Authority”,
“contravention”, “cost”, “cover period”,
“licensed site”, “licensee”, “Minister”,
“nuclear installation”, “nuclear reactor”,
“nuclear site licence”, “period of responsibility” and
“relevant site” shall be omitted;
(b) before the definition of “excepted
matter” there shall be inserted the following definition: -
“ ‘the Committee’ means the Defence Committee of
the States of Jersey;”;
(c) in the definition of “excepted matter”
there shall be substituted for paragraph (d) the following paragraph:
-
“(d) nuclear matter of such
other description, if any, as may be excluded from the operation of the relevant
international agreement by the relevant law.”;
(d) in the definition of “home territory”
the word “foreign” shall be omitted;
(e) for the definition of “occurrence” there
shall be substituted the following definition: -
“ ‘occurrence’ in sections 16 and 17(3) of this
Act means, in the case of a continuing occurrence, the whole of that
occurrence;”;
(f) for the definition of “prescribed”
there shall be substituted the following definition: -
“ ‘prescribed’, except in section 22 of this Act,
means prescribed by regulations having effect in Great Britain which are
registered in the Royal Court of Jersey;”;
(g) in the definition of “relevant carriage”
paragraphs (a) to (c) shall be omitted and in paragraph (d) the word “foreign” shall
be omitted;
(h) from the words “relevant foreign
contribution” the word “foreign” and in the definition the
words “other than the United
Kingdom” shall be omitted;
(i) in the definition of “relevant foreign
judgment” for the words “the United Kingdom” there shall
be substituted the word “Jersey”;
(j) from the words “relevant foreign
law” the word “foreign” and in the definition the words
“other than the United
Kingdom or any part thereof” and
“foreign” shall be omitted;
(k) from the words “relevant foreign
operator” the word “foreign” and in the definition the words
“other than the United
Kingdom” shall be omitted.
41. In
section 26(3) the word “foreign” in both places where it occurs shall
be omitted and for the word “Minister” there shall be substituted
the words “Secretary of State”.
42. For
section 30(2) there shall be substituted the following subsections: -
“(2) This
Act, except for section 17(5), shall come into operation forthwith and section
17(5) shall come into operation by order of the Secretary of State.
(3) Any
order made by the Secretary of State under the provisions of the last preceding
subsection shall not come into force until registered by the Royal Court.”.
43. Schedule 1
shall be omitted and Schedule 2 shall be named “the Schedule”.
44. In
the Schedule –
(a) in paragraph 1 for the word “Minister”
there shall be substituted the word “Committee”;
(b) for paragraph 2 there shall be substituted the
following provision: -
“2. The
Committee may pay to the person appointed to hold the inquiry and to any assessor
appointed to assist him such remuneration and allowances as the Committee may
determine.”;
(c) in paragraph 5 for the word “Minister”
there shall be substituted the word “Committee” and for the words
after “attending” in the second place where they appear to the end
of the paragraph there shall be substituted the words “before the Royal Court”;
(d) in paragraph 6 for any reference to “the
Minister” there shall be substituted a reference to “the
Committee” and for the word “Parliament” there shall be substituted
the words “the States of Jersey”;
(e) in paragraph 7 for the words from “the High
Court” where they first occur to “Court of Session” where
they secondly occur there shall be substituted the words “the Royal Court
and that Court” and for the words from “the High Court” where
they last occur to the end of the paragraph there shall be substituted the
words “the Royal Court”;
(f) paragraph 8 shall be omitted.
NUCLEAR INSTALLATIONS ACT 1965
CHAPTER 57
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ARRANGEMENT
OF SECTIONS
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Section
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* * * * * * * *
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Duty of licensee etc. in respect of nuclear
occurrences
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* * * * * * * *
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10.
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Duty of certain foreign operators.
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11.
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Duty of other persons causing nuclear
matter to be carried.
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Right to compensation in respect of breach of duty
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12.
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Right to compensation by virtue of
sections 7 to 10.
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13.
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Exclusion, extension or reduction of
compensation in certain cases.
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14.
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Protection for ships and aircraft.
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Bringing and satisfaction of claims
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15.
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Time for bringing claims under
sections 7 to 11.
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16.
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Satisfaction of claims by virtue of
sections 7 to 10.
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17.
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Jurisdiction, shared liability and
foreign judgments.
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Cover for compensation
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* * * * * * * *
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21.
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Supplementary provisions with respect
to cover for compensation in respect of carriage.
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Miscellaneous and general
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22.
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Reporting of and inquiries into
dangerous occurrences.
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23.
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Registration in connection with
certain occurrences.
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24.
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Inspectors.
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25.
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Offences – general.
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26.
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Interpretation.
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* * * * * * * *
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30.
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Short title and commencement.
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Schedule – Inquiries under section 22(5).
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ELIZABETH II
CHAPTER 57
AN ACT to consolidate the Nuclear Installations Acts
1959 and 1965
[5th August 1965]
BE
it enacted by the Queen’s most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows: -
* * * * * * *
Duty of licensee, etc. in respect of nuclear occurrences
* * * * * * *
DUTY OF CERTAIN FOREIGN OPERATORS
[10. In the case of any nuclear matter
which is not excepted matter and which –
(a) is in the course of carriage on behalf of a relevant
operator; or
(b) is in the course of carriage to such an
operator’s relevant installation with the written agreement of that
operator from a place outside the relevant territories; or
(c) having been in such an operator’s relevant
installation or in the course of carriage on behalf of such an operator, has
not subsequently been in any relevant installation or in the course of any
relevant carriage or (except in the course of relevant carriage) within the
territorial limits of a country which is not a relevant territory,
it shall be the duty of that operator to secure that no occurrence
taking place wholly or partly within the territorial limits of Jersey causes
injury to any person or damage to any property of any person other than that
operator, being injury or damage arising out of or resulting from the
radioactive properties, or a combination of those and any toxic, explosive or
other hazardous properties, of that nuclear matter.]
DUTY OF OTHER PERSONS CAUSING NUCLEAR MATTER TO BE CARRIED
11. Where any nuclear matter,
not being excepted matter, is in the course of carriage within the territorial
limits of [Jersey] on behalf of any person (hereafter in this section referred
to as “the responsible party”) and [the carriage is not relevant
carriage], it shall be the duty of the responsible party to secure that no
occurrence involving that nuclear matter causes injury to any person or damage
to any property of any person other than the responsible party, being injury or
damage incurred within the said territorial limits and arising out of or
resulting from the radioactive properties, or a combination of those and any
toxic, explosive or other hazardous properties, of that nuclear matter.
Right to compensation in respect of breach of duty
RIGHT TO COMPENSATION BY VIRTUE OF SECTIONS 7 TO 10
12.-[(1) Where any injury or damage has been
caused in breach of the duty imposed by section 10 of this Act –
(a) subject to sections 13(4), 15, 16(2) and 17(1) of
this Act, compensation in respect of that injury or damage shall be payable
wherever the injury or damage was incurred;
(b) subject to subsections (3) and (4) of this section
and to section 21(2) of this Act, no other liability shall be incurred by any
person in respect of that injury or damage.]
(2) Subject to
subsection (3) of this section, any injury or damage which, though not caused
in breach of such a duty as aforesaid, is not reasonably separable from injury
or damage so caused shall be deemed for the purposes of subsection (1) of this
section to have been so caused.
(3) Where any
injury or damage is caused partly in breach of such a duty as aforesaid and
partly by an emission of ionising radiations which does not constitute such a
breach, subsection (2) of this section shall not affect any liability of any
person in respect of that emission apart from this Act, but a claimant shall
not be entitled to recover compensation in respect of the same injury or damage
both under this Act and otherwise than under this Act.
* * * * * * * *
(4) Subject to
section 13(5) of this Act, nothing in subsection (1)(b) * * * * of this section shall affect –
[(a) the operation of the
Loi (1926) au sujet du Transport de Marchandises par Mer; or]
(b) the operation of the Carriage by Air Act 1932,
the Carriage by Air
Act 1961 or the Carriage by Air (Supplementary Provisions) Act 1962 in relation to any international carriage to which a
convention referred to in the Act in question applies; or
(c) the operation of any Act which may be passed to give
effect to the Convention on the Contract for the International Carriage of
Goods by Road signed at Geneva
on 19th May, 1956.
EXCLUSION, EXTENSION OR REDUCTION OF COMPENSATION IN CERTAIN CASES
13. * * * * * *
(4) The duty
imposed by section * * * 10 or 11 of this Act –
(a) shall not impose any liability on the person subject
to that duty with respect to injury or damage caused by an occurrence which
constitutes a breach of that duty
if the occurrence, or the causing thereby of the injury or damage, is
attributable to hostile action in the course of any armed conflict, including
any armed conflict within [Jersey]; but
(b) shall [subject to section 16(2) of this Act] impose
such a liability where the occurrence, or the causing thereby of the injury or
damage, is attributable to a natural disaster, notwithstanding that the
disaster is of such an exceptional character that it could not reasonably have
been foreseen.
[(5) Where, in the case
of an occurrence which constitutes a breach of the duty imposed by section 10
of this Act, a person other than the person subject to that duty makes any
payment in respect of injury or damage caused by that occurrence and –
(a) the payment is made in pursuance of any of the
following five international Conventions, that is to say, the draft Convention
(setting out rules relating to bills of lading) of the International Conference
on Maritime Law held at Brussels in October 1922, as amended in
October 1923, the Convention for the unification of certain rules relating to
international carriage by air concluded at Warsaw on 12th October, 1929, the
Warsaw Convention as amended at the Hague in 1955, the Convention Supplementary
to the Warsaw Convention held at Guadalajara in 1961 for the unification of
certain rules relating to international carriage by air performed by a person
other than the contracting carrier and the Convention on the Contract for the
international carriage of goods by road signed at Geneva on 19th May, 1956, or
(b) the injury or damage was incurred in a country which
is not a relevant territory and the payment is made by virtue of a law of that
country and by a person who has his principal place of business in a relevant
territory or is acting on behalf of such a person,
the person making the payment may make the like claim under this
Act for compensation of the like amount, if any, not exceeding the amount of
the payment made by him as would have been available to him if the injury in
question had been suffered by him, or as the case may be, the property
suffering the damage in question had been his.]
(6) The amount of
compensation payable to or in respect of any person under this Act in respect
of any injury or damage caused in breach of a duty imposed by section * * * 10
of this Act may be reduced by reason of the fault of that person if, but only
if, and to the extent that, the causing of that injury or damage is
attributable to any act of that person committed with the intention of causing
harm to any person or property or with reckless disregard for the consequences
of his act.
PROTECTION FOR SHIPS AND AIRCRAFT
14.-(1)
A claim under this Act in respect of any occurrence such as is
mentioned in section * * * * 10 or 11 of this Act which constitutes a breach of
a person’s duty under section * * * 10 or 11 of this Act shall not give
rise to any lien or other right in respect of any ship or aircraft; * * * * *
and section 503 of the Merchant Shipping Act 1894 (which relates to the
limitation of the liability of shipowners), shall not apply to that claim.
* * * * * * * *
Bringing and satisfaction of claims
TIME FOR BRINGING CLAIMS UNDER SECTIONS 7 TO 11
15.-(1)
Subject to subsection (2) of this section * * * *, but
notwithstanding anything in any other enactment, a claim by virtue of [section
10 or 11] of this Act may be made at any time before, but shall not be
entertained if made at any time after, the expiration of [ten] years from the
relevant date, that is to say, the date of the occurrence which gave rise to
the claim or, where that occurrence was a continuing one, * * * * the date of
the last event in the course of that occurrence * * * * to which the claim
relates.
(2) Notwithstanding
anything in subsection (1) of this section, a claim in respect of injury or
damage caused by an occurrence involving nuclear matter stolen from, or lost,
jettisoned or abandoned by the person whose breach of a duty imposed by section
* * * * 10 this Act gave rise to the claim shall not be entertained if the
occurrence takes place after the expiration of the period of twenty years
beginning with the day when the nuclear matter in question was so stolen, lost,
jettisoned or abandoned.
SATISFACTION OF CLAIMS BY VIRTUE OF SECTIONS 7 TO 10.
[16.-(1)
A relevant operator shall not be required by virtue of section 10
of this Act to make any payment by way of compensation in respect of an
occurrence –
(a) when the occurrence involves nuclear matter in the
course of carriage and the claim is in respect of damage to the means of
transport being used for that carriage unless the relevant law otherwise provides;
(b) to the extent that the amount required for the
satisfaction of the claim is not required to be available by the relevant law
and has not been made available by means of a relevant contribution.
(2) A relevant
operator shall not be required by virtue of section 12(1)(a) or 13(4)(b) of this
Act to make any payment by way of compensation in respect of an occurrence if
he would not have been required to have made that payment if the occurrence had
taken place in his home territory and the claim had been made by virtue of the
relevant law.]
JURISDICTION, SHARED LIABILITY AND FOREIGN JUDGMENTS
17.-(1)
No court in [Jersey] shall have jurisdiction to determine any
claim or question under this Act certified by the [Secretary of State] to be a
claim or question which, under any relevant international agreement, falls to
be determined by a court of some other relevant territory * * * *; and any
proceedings to enforce such a claim which are commenced in any court in
[Jersey] shall be set aside.
(2) Where under
the foregoing subsection the [Secretary of State] certifies that any claim or
question falls to be determined by a court [of a relevant territory], that
certificate shall be conclusive evidence of the jurisdiction of that court to
determine that claim or question.
[(3) Where by virtue of
section 10 of this Act and of any relevant law, liability in respect of the
same injury or damage is incurred by two or more persons, then, for the
purposes of any proceedings in Jersey relating to that injury or damage
including proceedings for the enforcement of a judgment registered under the Judgments (Reciprocal
Enforcement) (Jersey) Law, 1960
both or all of those persons shall be treated as jointly and severally liable
in respect of that injury or damage, provided that, where such liability is
incurred as a result of an occurrence involving nuclear matter in the course of
carriage in one and the same means of transport, the maximum total amount for
which such persons shall be liable, apart from payments in respect of interest
or costs, shall not exceed the highest amount required to be available by the
relevant law, together with such amounts, if any, as fall to be made available
by means of relevant contributions.]
(4) [Part II of
the said Law of 1960] shall apply to any judgment given in a court of any
foreign country which is certified by the [Secretary of State] to be a relevant
foreign judgment for the purposes of this Act, whether or not it would
otherwise have so applied, and shall have effect in relation to any judgment so
certified as if in [Article 6 of that Law paragraphs] (1)(a)(ii), (2) and (3) were omitted.
(5) It shall be
sufficient defence to proceedings in [Jersey] against any person for the
recovery of a sum alleged to be payable under a judgment given in a country
outside [Jersey] for that person to show that –
(a) the sum in question was awarded in respect of injury
or damage of a description which is the subject of a relevant international
agreement; and
(b) the country in question is not a relevant territory;
and
(c) the sum in question was not awarded in pursuance of
any of the international conventions referred to in the [enactments] mentioned
in section 12(4) of this Act.
(6) Where, in the
case of any claim by virtue of section 10 of this Act, the relevant * * *
operator is the government of a relevant territory, then, for the purposes of
any proceedings brought in a court in [Jersey] to enforce that claim, that
government shall be deemed to have submitted to the jurisdiction of that court,
and accordingly rules of court may provide for the manner in which any such
action is to be commenced and carried on; but nothing in this subsection shall
authorise the issue of execution, * * * *, against the property of that
government.
Cover for compensation
* * * * * * *
SUPPLEMENTARY PROVISIONS WITH RESPECT TO COVER FOR COMPENSATION IN
RESPECT OF CARRIAGE
21.-[(1) Where, in the case of an occurrence
involving nuclear matter in the course of carriage, a claim in respect of
damage to the means of transport being used for that carriage is duly
established against any person by virtue of section 10 of this Act, then no
payment towards its satisfaction shall be made out of funds which are required
to be available for the purpose by the relevant law or which have been made
available by means of a relevant contribution such as to prevent the
satisfaction out of those funds up to an aggregate of £2,100,000 of all
claims which have been or may be duly established against the same person in
respect of injury or damage caused by that occurrence other than damage to the
said means of transport.]
(2) Where, in the
case of an occurrence involving nuclear matter in the course of carriage, a
claim in respect of damage to the means of transport being used for that
carriage is duly established against a relevant * * * operator by virtue of
section 10 of this Act, but by virtue of section [16(1)(a)] thereof that operator is not required to make a payment in
satisfaction of the claim, section 12(1)(b)
of this Act shall not apply to any liability of that operator with respect to
the damage in question apart from this Act.
[(3) Where any nuclear
matter is carried by, or on behalf of, or with the agreement of, a relevant
operator in such circumstances that he may incur liability by virtue of section
10 of this Act, and he has pursuant to the relevant law provided the carrier
with a document, issued by or on behalf of the person by whom there fall to be
provided the funds required by the relevant law to be available to satisfy any claim
in respect of the carriage in question, and containing the name and address of
that operator and particulars of those funds, none of the contents of that
document shall be disputed in any court by the person by whom or on whose
behalf it was issued.]
* * * * * * *
(5) The
requirements of [the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948] (which relates to compulsory insurance or security
against third-party risks of users of motor vehicles) shall not apply in
relation to any injury to any person for which any person is liable by virtue
of section * * * 10 of this Act.
Miscellaneous and general
REPORTING OF AND INQUIRIES INTO DANGEROUS OCCURRENCES
22.-(1)
The provisions of this section shall have effect on the happening
of any occurrence of any such class or description as may be prescribed, being
an occurrence * * * * 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 * * * * 10 or 11 of this Act.
(2) The * * * *
person aforesaid shall cause the occurrence to be reported forthwith in the
prescribed manner to the [Committee] and to such other persons, if any, as may
be prescribed in relation to occurrences of that class or description, and if
the occurrence is not so reported the * * * * person aforesaid shall be guilty
of an offence and be liable * * * *
(a) in the case of a first offence under this
subsection, to a fine not exceeding fifty pounds;
(b) in the case of a second or subsequent offence under
this subsection, to a fine not exceeding one hundred pounds, or to imprisonment
for a term not exceeding three months, or to both.
* * * * * * *
(4) The
[Committee] may at any time direct an inspector to make a special report with
respect to the occurrence, and the [Committee] may cause any such report, or so
much thereof as it is not in its opinion inconsistent with the interests of
national security to disclose, to be made public at such time and in such
manner as it thinks fit.
(5) The [Bailiff]
may, where he thinks it expedient so to do, direct an inquiry to be held in
accordance with the provisions of [the Schedule] to this Act into the
occurrence and its causes, circumstances and effects; and any such inquiry
shall be held in public except where or to the extent that it appears to the
[Bailiff] expedient in the interests of national security to direct otherwise.
[(6) In this section
“prescribed” means prescribed by Order of the Committee.]
REGISTRATION IN CONNECTION WITH CERTAIN OCCURRENCES
23.-(1)
Without prejudice to any right of any person to claim against any
person by virtue of [section 10 or 11] of this Act, the appropriate authority
may, on the happening of any occurrence in respect of which liability may be
incurred by virtue of [either of those sections], by order make provision for
enabling such particulars of any person shown to have been within such area
during such period (being the period during which the occurrence took place) as
may be specified in the order to be registered by or on behalf of that person
in such manner as may be so specified, and any such registration in respect of
any person shall be sufficient evidence of his presence within that area during
that period unless the contrary is proved; * * * * *
(2) In the foregoing
subsection, the expression “the appropriate authority” means, in
relation to any occurrence, [the Committee].
INSPECTORS
24.-[(1) The Committee may appoint as inspectors
to assist in the execution of this Act such number of persons appearing to the
Committee to be qualified for the purpose as the Committee may from time to
time consider necessary or expedient, and may make to or in respect of any
person so appointed such payments by way of remuneration allowances or other
payments as the Committee may determine.]
(2) Any such
inspector may, for the purposes of the execution of this Act, and subject to
production, if so requested, of written evidence of his authority –
* * * * * *
(c) enter any place, vehicle, vessel or aircraft
involved in any such occurrence as is mentioned in section 22(1) of this Act
with such equipment, and carry out such tests and inspections, as he may
consider necessary or expedient;
(d) require [any] person referred to in the said section
22(1) concerned in any such occurrence and any other person with duties
concerning the nuclear matter involved in the occurrence to provide him with
such information, or to permit him to inspect such documents, relating to the
nuclear matter as the inspector may specify.
* * * * * * *
(4) Any person who
obstructs an inspector in the exercise of his powers under subsection (2)* *(c) of this section or who refuses or
without reasonable excuse fails to provide any information or to permit any
inspection reasonably required by the inspector under subsection (2)* *(d) thereof shall be guilty of an
offence and be liable * * * * to a fine not exceeding fifty pounds, or to
imprisonment for a term not exceeding three months, or to both.
(5) Any person
who, without the authority of the [Committee], discloses any information
obtained in the exercise of powers under this Act shall be guilty of an offence
and be liable * * * * to a fine not exceeding one hundred pounds, or to
imprisonment for a term not exceeding two years, or to both.
* * * * * * *
OFFENCES – GENERAL
25.-(1) Where a body corporate is guilty of an
offence under any of the provisions of this Act and that offence is proved to
have been committed with the consent or connivance of, or to be attributable to
any neglect on the part of, any director, manager, secretary or other similar
officer of the body corporate or any person who was purporting to act in any
such capacity, he, as well as the body corporate, shall be guilty of that
offence and shall be liable to be proceeded against and punished accordingly; *
* *
* * * * * * *
[(3) Proceedings in
respect of any offence under this Act shall not be instituted in Jersey except
by or with the consent of the Attorney General for Jersey.]
INTERPRETATION
26.-(1) In this Act, except where the context
otherwise requires, the following expressions have the following meanings
respectively, that is to say –
* * * * * *
[“the Committee” means the Defence Committee of the
States of Jersey;]
“excepted matter” means nuclear matter consisting only
of one or more of the following, that is to say –
(a) isotopes prepared for use for industrial,
commercial, agricultural, medical or scientific purposes;
(b) natural uranium;
(c) any uranium of which isotope 235 forms not more than
0.72 per cent.;
[(d) nuclear matter of such other description, if any, as may
be excluded from the operation of the relevant international agreement by the
relevant law;]
“home territory”, in relation to a relevant * * *
operator, means the relevant territory in which, for the purposes of a relevant
international agreement, he is the operator of a relevant installation;
“injury” means personal injury and includes loss of
life;
“inspector” means an inspector appointed under section
24 of this Act;
* * * * * *
“nuclear matter” means, subject to any exceptions which
may be prescribed –
(a) any fissile material in the form of uranium metal,
alloy or chemical compound (including natural uranium), or of plutonium metal,
alloy or chemical compound, and any other fissile material which may be prescribed;
and
(b) any radioactive material produced in, or made
radioactive by exposure to the radiation incidental to, the process of
producing or utilising any such fissile material as aforesaid;
* * * * * *
[“occurrence” in sections 16 and 17(3) of this Act
means, in the case of a continuing occurrence, the whole of that occurrence;]
* * * * * *
[“prescribed”, except in section 22 of this Act, means
prescribed by regulations having effect in Great Britain which are registered
in the Royal Court of Jersey;]
“relevant carriage”, in relation to nuclear matter,
means carriage on behalf of –
* * * * * *
(d) a relevant * * * operator; or
(e) a person authorised to operate a nuclear reactor
which is comprised in a means of transport and in which the nuclear matter in
question is intended to be used;
“relevant * * * contribution”, in relation to any
claim, means any sums falling by virtue of any relevant international agreement
to be paid by the government of any relevant territory * * * * towards the
satisfaction of that claim;
“relevant foreign judgment” means a judgment of a court
of a relevant territory other than [Jersey]
which, under a relevant international agreement, is to be enforceable anywhere
within the relevant territories;
“relevant * * * law” means the law of a relevant
territory * * * * regulating in accordance with a relevant international
agreement matters falling to be so regulated and, in relation to a particular
relevant * * * operator, means the law such as aforesaid of his home territory;
“relevant * * * * operator” means a person who, for the
purposes of a relevant international agreement, is the operator of a relevant
installation in a relevant territory * * * * *;
“relevant installation” means an installation to which
a relevant international agreement applies;
“relevant international agreement” means an
international agreement with respect to third-party liability in the field of
nuclear energy to which the United Kingdom or Her Majesty’s Government
therein are party, other than an agreement relating to liability in respect of
nuclear reactors comprised in means of transport;
* * * * * *
“relevant territory” means a country for the time being
bound by a relevant international agreement;
“territorial limits” includes territorial waters.
(2) References in
this Act to the carriage of nuclear matter shall be construed as including
references to any storage incidental to the carriage of that matter before its
delivery at its final destination.
(3) Any question
arising under this Act as to whether –
(a) any person is a relevant * * * operator; or
(b) any law is the relevant * * * law with respect to
any matter; or
(c) any country is for the time being a relevant
territory, shall be referred to and determined by the [Secretary of State].
(4) Save where the
context otherwise requires, any reference in this Act to any enactment shall be
construed as a reference to that enactment as amended, extended or applied by
or under any other enactment.
* * * * * * *
SHORT TITLE AND COMMENCEMENT
30.-(1) This Act may be cited as the Nuclear Installations Act
1965.
[(2) This Act, except
for section 17(5), shall come into operation forthwith and section 17(5) shall
come into operation by order of the Secretary of State.
(3) Any order made
by the Secretary of State under the provisions of the last preceding subsection
shall not come into force in Jersey until registered by the Royal Court.]
[SCHEDULE]
INQUIRIES UNDER S. 22(5)
1. An
inquiry in pursuance of a direction under section 22(5) of this Act with
respect to any occurrence shall be held by a competent person appointed by the
[Committee], and that person may conduct the inquiry either alone or with the
assistance of an assessor or assessors so appointed.
[2. The
Committee may pay to the person appointed to hold the inquiry and to any
assessor appointed to assist him such remuneration and allowances as the
Committee may determine.]
3. The
person appointed to hold the inquiry (hereafter in this Schedule referred to as
“the Court”) shall hold the inquiry in such manner and under such
conditions as the court thinks most effectual for ascertaining the causes,
circumstances and effects of the occurrence and for enabling the court to make
the report hereafter in this Schedule mentioned.
4. The
court shall, for the purposes of the inquiry, have power –
(a) to enter and inspect any place or building the entry
or inspection whereof appears to the court requisite for the said purposes;
(b) by summons signed by the court to require any person
to attend, at such time and place as is specified in the summons, to give
evidence or produce any documents in his custody or under his control which the
court considers it necessary for the purposes of the inquiry to examine;
(c) to require a person appearing at the inquiry to
furnish to any other person appearing thereat, on payment of such fee, if any,
as the court thinks fit, a copy of any document offered, or proposed to be
offered, in evidence by the first-mentioned person;
(d) to take evidence on oath, and for that purpose to
administer oaths, or, instead of administering an oath, to require the person
examined to make and subscribe a declaration of the truth of the matter
respecting which he is examined;
(e) to adjourn the inquiry from time to time; and
(f) subject to the foregoing sub-paragraphs, to
regulate the procedure of the court.
5. A
person attending as a witness before the court shall be entitled to be paid by
the [Committee] such expenses as would be allowed to a witness attending
[before the Royal Court].
6. The
court shall make a report to [the Committee] stating the causes, circumstances
and effects of the occurrence, adding any observations which the court thinks
it right to make, and [the Committee] shall cause copies of the report, or so
much thereof as it is not in its opinion inconsistent with the interests of
national security to disclose, to be laid before [the States of Jersey].
7. If
any person –
(a) without reasonable excuse (proof whereof shall lie
on him), and after having the expenses (if any), to which he is entitled
tendered to him, fails to comply with any summons or requisition of the court;
or
(b) does any other thing which would, if the court had
been a court of law having power to commit for contempt, have been contempt of
that court,
the court may, by instrument signed by the court, certify the
offence of that person to [the Royal Court and that Court] may thereupon
inquire into the alleged offence and after hearing any witnesses who may be
produced against or on behalf of the person charged with the offence, and after
hearing any statement that may be offered in defence, punish or take steps for
the punishment of that person in like manner as if he had been guilty of
contempt of [the Royal Court].
* * * * * * *