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Ch. 57

Nuclear Installations Act 1965

Nuclear Installations Act 1965

Ch. 57

1243

Prohibition

i

of certain operations except under permit.

being matter which has been produced or irradiated in the course of the production or use of nuclear fuel,

unless a licence so to do (in this Act referred to as a

nuclear site licence") has been granted in respect of that site by the Minister and is for the time being in force.

(2) Regulations made by virtue of paragraph (b) of the fore- going subsection may exempt, or make provision for exempting, from the requirements of that subsection, either unconditionally or subject to prescribed conditions, any installation which the Minister is satisfied is not, or if the prescribed conditions were complied with would not be, a relevant installation.

(3) Any person who contravencs subsection (1) of this section shall be guilty of an offence and be liable-

(a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both ;

(b) on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding five years, or to both.

2. (1) Notwithstanding that a nuclear site licence is for the time being in force or is not for the time being required in respect thereof, no person other than the Authority shall use any site-

(a) for any treatment of irradiated matter which involves the extraction therefrom of plutonium or uranium; or (b) for any treatment of uranium such as to increase the

proportion of the isotope 235 contained therein,

except under, and in accordance with the terms of, a permit in writing for such a use of the site for purposes of research or development granted by the Authority or a government depart- ment; and any fissile material produced under such a permit shall be disposed of only in such manner as may be approved by the authority by whom the permit was granted.

(2) Any person who contravenes the foregoing subsection shall be guilty of an offence and be liable-

(a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both;

(b) on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding five years, or to both.

Nuclear site licences

3.-(1) A nuclear site licence shall not be granted to any Grant and person other than a body corporate and shall not be transferable, variation of

nuclear site

(2) Two or more installations in the vicinity of one another licences. may, if the Minister thinks fit, be treated for the purposes of the grant of a nuclear site licence as being on the same site.

(3) Subject to subsection (4) of this section, where it appears to the Minister appropriate so to do in the case of any application for a nuclear site licence in respect of any site, he may direct the applicant to serve on such bodies of any of the following descriptions as may be specified in the direction, that is to say

(a) any local authority;

(b) any river authority, any local fisheries committee and any statutory water undertakers within the meaning of the Water Acts 1945 and 1948;

(c) any river purification board within the meaning of the

Rivers (Prevention of Pollution) (Scotland) Act 1951, 1951 c. 66. any district board constituted under the Salmon Fish- eries (Scotland) Acts 1828 to 1868, the board of com-

missioners appointed under the Tweed Fisheries Act 1857 c. cxlviii. 1857, and any local water authority within the meaning of the Water (Scotland) Acts 1946 and 1949; and (d) any other body which is a public or local authority. notice that the application has been made, giving such particu- lars as may be so specified with respect to the use proposed to be made of the site under the licence, and stating that representa- tions with respect thereto may be made to the Minister by the body upon whom the notice is served at any time within three months of the date of service; and where such a direction has been given, the Minister shall not grant the licence unless he is satisfied that three months have elapsed since the service of the last of the notices required thereby nor until after he has con- sidered any representations made in accordance with any of those notices.

(4) Subsection (3) of this section shall not apply in relation to an application in respect of a site for a generating station made by an electricity board within the meaning of the Electricity Acts 1947 to 1961 or of the Electricity (Scotland) Acts 1943 to 1957 or by any authorised undertakers within the meaning of the Electricity (Supply) Acts (Northern Ireland) 1882 to 1959.

(5) A nuclear site licence may include provision with respect to the time from which section 19(1) of this Act is to apply in relation to the licensed site, and where such provision is so included the said section 19(1) shall not apply until that time

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