Statutory Instruments
1980 No. 1527
ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES
The Nuclear Installations (Jersey) Order 1980
Made
13th October 1980
Coming into Operation
3rd November 1980
At the Court at Buckingham Palace, the 13th day of October 1980
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(1), 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
SCHEDULEEXCEPTIONS, 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:—
“In the case of any nuclear matter which is not excepted matter and which
10.—(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 our 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 claims 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 word “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”, “costs”, “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;';” 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;';” 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;';”, 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 subsection:—
“(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.”.
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.
EXPLANATORY NOTE
This Order extends to the Bailiwick of Jersey, with the exceptions, adaptations and modifications specified in the Schedule, those provisions of the Nuclear Installations Act 1965, as amended, which relate to the duty in respect of the carriage of nuclear matter, to the right to compensation for breach of that duty and to the bringing and satisfaction of claims and certain ancillary provisions.
The provisions of the Act, as amended, relating to health and safety at work are not extended to Jersey as such matters fall within the scope of Jersey legislation.
(1)
The Act was amended by the Nuclear Installations Act 1969 (c. 18) and the Atomic Energy Authority Act 1971 (c. 11) but the amended provisions are either not extended to Jersey or are replaced in the Schedule to this Order; the Act was also amended by the Nuclear Installations Act 1965 etc. (Repeals and Modifications) Regulations 1974 (S.I. 1974/2056) but by virtue of paragraph 1(a) of the Schedule to this Order, the Act has effect as if those Regulations had not been made.
