TNAG-1121-FCO40-1396-Amendment-of-Nuclear-Installations-Act-1965-extension-to-Dep-1982 — Page 22

F.

provided by the Brussels Convention as it now is and, in cases where

the other State has not ratified the Brussels Convention, that

the limit should be the same as is established for the appropriate

UK operator in respect of the Paris Convention.

Damage to Means of Transport

33.

Article 3 (a) (ii) of the Paris Convention provides that an

operator is not liable in accordance with the Convention for damage

to or loss of the means of transport in which nuclear matter is

being carried in circumstances in which he is liable for damage under

Article 4. However, Article 7 (c) permits contracting parties to

legislate so that this exception does not apply, provided that the

inclusion of damage to the means of transport does not result in

reducing the liability of the operator for other damage to less

than 5 million units of account.

34. The United Kingdom took advantage of this exception and

section 21 (1) of the 1965 Act

provides that, where a claim for

damage to the means of transport is made in the case of an

occurrence involving nuclear matter in the course of carriage, no

payment in satisfaction of that claim shall be made which will prevent

the satisfaction of all other claims against the same person under

the Act up to an aggregate amount of £2,100,000. This figure was

the approximate sterling equivalent of 5 million units of account in

1969.

35. Article J of the Paris Protocol changes Article 7(c) to provide

that compensation for damage caused to the means of transport on which

the nuclear substances were at the time of the nuclear incident shall

not have the effect of reducing the operator's liability in respect

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