F.
provided by the Brussels Convention as it now is and, in cases where
the other State has not ratified the Brussels Convention, that
the limit should be the same as is established for the appropriate
UK operator in respect of the Paris Convention.
Damage to Means of Transport
33.
Article 3 (a) (ii) of the Paris Convention provides that an
operator is not liable in accordance with the Convention for damage
to or loss of the means of transport in which nuclear matter is
being carried in circumstances in which he is liable for damage under
Article 4. However, Article 7 (c) permits contracting parties to
legislate so that this exception does not apply, provided that the
inclusion of damage to the means of transport does not result in
reducing the liability of the operator for other damage to less
than 5 million units of account.
34. The United Kingdom took advantage of this exception and
section 21 (1) of the 1965 Act
provides that, where a claim for
damage to the means of transport is made in the case of an
occurrence involving nuclear matter in the course of carriage, no
payment in satisfaction of that claim shall be made which will prevent
the satisfaction of all other claims against the same person under
the Act up to an aggregate amount of £2,100,000. This figure was
the approximate sterling equivalent of 5 million units of account in
1969.
35. Article J of the Paris Protocol changes Article 7(c) to provide
that compensation for damage caused to the means of transport on which
the nuclear substances were at the time of the nuclear incident shall
not have the effect of reducing the operator's liability in respect
12