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General cover for compensation by virtue of ss. 7 to 10.
Nuclear Installations Act 1965
jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be com- menced and carried on; but nothing in this subsection shall authorise the issue of exccution, or in Scotland the execution of diligence, against the property of that government.
Cover for compensation
18.-(1) In the case of any occurrence in respect of which one or more persons incur liability by virtue of section 7, 8, 9 or 10 of this Act or by virtue of any relevant foreign law made for purposes corresponding to those of any of those sections. but subject to subsections (2) and (3) of this section and to sections 17(3)(b) and 21 (1) of this Act, there shall be made available out of moneys provided by Parliament such sums as, when aggregated-
(a) with any funds required by, or by any relevant foreign law made for purposes corresponding to those of, section 19(1) of this Act to be available for the purpose of satisfying claims in respect of that occurrence against any licensee or relevant foreign operator; and (b) in the case of a claim by virtue of any such foreign law, with any relevant foreign contributions towards the satisfaction of claims in respect of that occurrence, may be necessary to ensure that all claims in respect of that occurrence made within the relevant period and duly estab lished, excluding, but without prejudice to, any claim in respect of interest or costs, are satisfied up to an aggregate amount of forty-three million pounds.
(2) Subsection (1) of this section shall not apply to any claim by virtue of such a relevant foreign law as is mentioned in that subsection in respect of injury or damage incurred within the territorial limits of a country which is not a relevant territory or to any claim such as is mentioned in section 15(2) of this Act which is not made within the period of twenty years so mentioned.
(3) Where any claim such as is mentioned in subsection (1) of this section is satisfied wholly or partly out of moneys provided by Parliament under that subsection, there shall also be made available out of moneys so provided such sums as are necessary to ensure the satisfaction of any claim in respect of interest or costs in connection with the first-mentioned claim.
(4) In relation to liability by virtue of any relevant foreign law-
(a) there shall be left out of account for the purposes of subsection (1) of this section any claim which, though made within the relevant period, was made after the
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expiration of any period of limitation imposed by that law and permitted by a relevant international agreement;
(b) unless that law provides a maximum aggregate amount of compensation in respect of the occurrence in question equivalent to forty-three million pounds and so provides in pursuance of a relevant international agreement, the said subsection (1) shall have effect in relation to that occurrence as if for the reference to forty-three million pounds there were substituted a reference to five million pounds.
(5) Any sums received by the Minister by way of a relevant foreign contribution towards the satisfaction of any claim by virtue of section 7, 8, 9 or 10 of this Act shall be paid into the Exchequer.
(6) In this section, the expression "the relevant period" has the same meaning as in section 16 of this Act.
19.—(1) Subject to section 3(5) of this Act and to sub- Special cover section (3) of this section, where a nuclear site licence has been for licensee's
liability. granted in respect of any site, the licensee shall make such pro- vision (either by insurance or by some other means) as the Minister may with the consent of the Treasury approve for sufficient funds to be available at all times to ensure that any claims which have been or may be duly established against the licensee as licensee of that site by virtue of section 7 of this Act or any relevant foreign law made for purposes corresponding to those of section 10 of this Act (excluding, but without prejudice to, any claim in respect of interest or costs) are satisfied up to an aggregate amourt of five million pounds in respect of each severally of the following periods, that is to
say-
(a) the current cover period, if any;
b) any cover period which ended less than ten years before
the time in question;
(c) any earlier cover period in respect of which a claim remains to be disposed of, being a claim made-
(i) within the relevant period within the meaning of section 16 of this Act; and
(ii) in the case of a claim such as is mentioned in section 15(2) of this Act, also within the period of twenty years so mentioned;
and for the purposes of this section the cover period in respect of which any claim is to be treated as being made shall be that in which the beginning of the relevant period aforesaid fell.