TNAG-1121-FCO40-1396-Amendment-of-Nuclear-Installations-Act-1965-extension-to-Dep-1982 — Page 21

28. That is achieved at present by section 18(4) (b) which

provides that, unless the relevant foreign law provides a maximum

aggregate amount of compensation in respect of the occurrence in

question equal to £50m in pursuance (in effect) of the Brussels

Convention, section 18 (1) shall be taken to refer only to

sum of £5m (the Paris Convention limit) instead of £50m. (the

Brussels Convention limit).

29. The complication which arises is three fold. (1) When the

Brussels Protocol comes into force there will be States which are part.

to Paris but not Brussels, those which are party to Paris and Brussels

and those which are party to both those and to the Brussels Protocol.

(2) Following the amendments described in paragraphs 16 - 17 above

relating to small operators, there are likely to be two alternative lower figures which may be quoted. (3) Any such lower figure would

itself be variable as discussed in paragraph 37 below.

30. Taking these in reverse order, number (3) would seem most

easily disposed of by including that figure in the power to vary the limits and Counsel is asked to do that, in effect, in paragraphs 18 &

31. It would seem appropriate to deal with number (2) by adopting some means of substituting a reference to that operator's limit of liability for the sum of £5m at the end of Section 18(4) (b).

32. The first complication seems unavoidable and Counsel is asked to make provision to deal with it by providing that moneys made available under section 18 (1) will be limited, in cases where the other State has not ratified the Brussels Protocol, to the limit

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