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1254
Ch. 57
Nuclear Installations Act 1965
Nuclear Installations Act 1965
CII. 57
1255
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Jurisdiction,
and, if established to the satisfaction of the appropriate autho- rity, and to the extent to which it cannot be satisfied out of sums made available for the purpose under section 18 of this Act or by means of a relevant foreign contribution, shall be satisfied by the appropriate authority to such extent and out of funds provided by such means as Parliament may determine. (4) Where in pursuance of subsection (3) of this section a claim has been made to the appropriate authority, any ques- tion affecting the establishment of the claim or as to the amount of any compensation in satisfaction of the claim may, if the authority thinks fit, be referred for decision to the appropriate court, that is to say, to whichever of the High Court, the Court of Session and the High Court of Justice in Northern Ireland would, but for the provisions of this section, have had juris- diction in accordance with section 17(1) and (2) of this Act to determine the claim; and the claimant may appeal to that court from any decision of the authority on any such question which is not so referred; and on any such reference or appeal—-
(a) the authority shall be entitled to appear and be heard;
and
(b) notwithstanding anything in any Act, the decision of
the court shall be final.
(5) In this section, the expression "the relevant period" means the period of ten years beginning with the relevant date within the meaning of section 15(1) of this Act.
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17.-(1) No court in the United Kingdom or any part there- shared liability of shall have jurisdiction to and foreign
have jurisdiction to determine any claim judgments.
question under this Act certified by the Minister to be a claim or question which, under any relevant international agreement, falls to be determined by a court of some other relevant territory or, as the case may be, of some other part of the United Kingdom; and any proceedings to enforce such a claim which are commenced in any court in the United Kingdom or, as the case may be, that part thereof shall be set aside.
(2) Where under the foregoing subsection the Minister certifies that any claim or question falls to be determined by a court in a particular part of the United Kingdom, that certificate shall be conclusive evidence of the jurisdiction of that court to determine that claim or question.
(3) Where by virtue of any one or more of the following, that is to say, sections 7, 8, 9 and 10 of this Act and any relevant foreign law made for purposes corresponding to those of any of those sections, liability in respect of the same injury or damage is incurred by two or more persons, then, for the purposes of any proceedings in the United Kingdom relating to that injury or damage, including proceedings for the enforcement of a
judgment registered under the Foreign Judgments (Reciprocal 1933 c. 13. Enforcement) Act 1933—
(a) both or all of those persons shall be treated as jointly and severally liable in respect of that injury or damage ; and
(b) until claims against each of those persons in respect of the occurrence by virtue of which the person in question is liable for that injury or damage have been satisfied-
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(i) in the case of a licensee, the Authority or the Crown, up to an aggregate amount of five million pounds; or
(ii) in the case of a relevant foreign operator, up to such aggregate amount, not being less than one and three-quarter million pounds, as may be pro- vided for by the relevant foreign law made for pur- poses corresponding to those of section 19(1) of this Act,
no sums in excess of those required for the purposes of sub-paragraph (i) of this paragraph shall be required to be made available under section 18 of this Act for the purpose of paying compensation in respect of that injury or damage.
(4) Part I of the said Act of 1933 shall apply to any judgment given in a court of any foreign country which is certified by the Minister 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 section 4 of that Act subsections (1)(a)(ii), (2) and (3) were omitted.
(5) It shall be sufficient defence to proceedings in the United Kingdom against any person for the recovery of a sum alleged to be payable under a judgment given in a country outside. the United Kingdom 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 Acts 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 foreign operator is the government of a relevant territory, then, for the purposes of any proceedings brought in a court in the United Kingdom to enforce that claim, that government shall be deemed to have submitted to the