in accordance with the Convention.
41.
Section 12(1) (b) of the 1965 Act gives effect to the "channelling" provisions of Article 5 by providing that, subject
to specified exceptions, only the person in breach of a duty imposed
by section 7,8,9, or 10 shall be liable for injury or damage caused
by that breach. Counsel is asked to make appropriate provision
for the further exception described.
Definition of Excepted Matter
42. Article C of the Paris Protocol changes Article 1(a) of the
Paris Convention in certain respects. Article 1(a) defined certain
terms for the purposes of the Convention. The changes : to the
definition of "Radioactive products or waste" in Article 1(a) (iv)
exclude from that definition.
43.
"(2) radioisotopes outside a nuclear installation which
have reached the final stage of fabrication so as to be usable
for any industrial, commercial, agricultural, medical, scientific or educational purpose" (changes underlined).
Sub-paragraph (a) in the definition of "excepted matter" in
section 26 (1) of the 1965 Act will need to be amended to ensure that
the isotopes there described are those mentioned in Article 1(a) (iv) (2) of the Paris Convention as amended and Counsel is requested to make
the necessary provision.
44。
This provision is one of those which will not be brought into force
until the Protocol itself enters into force.
15-