TNAG-1121-FCO40-1396-Amendment-of-Nuclear-Installations-Act-1965-extension-to-Dep-1982 — Page 24

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

partlar, section 21 (c) gives effect to Article 4 (c).

39. Article F of the Paris Protocol changes Article 4(c) by

adding the sentence:-

"However, a Contracting Party may exclude this obligation

in relation to carriage which takes place wholly within

its own territory."

It is proposed to take advantage of this change and Counsel is

asked to make provision so that a certificate under section 21 (c) is no

longer required in the case of the carriage of nuclear matter by or on

behalf of or with the agreement of, a licensee, the Authority, a

government

nt department or a "relevant foreign operator" (defined in

section 26(1)) wholly within the territorial limits of the United

Kingdom in circumstances where the "responsible party" (defined in

section 21(c)) may incur liability under the Act.

Assumption of Liability by Written Agreement.

40. Article G of the Paris Protocol changes Article 5 (c) of the

Paris Convention by adding the words:

"or has assumed liability therefor pursuant to the express

terms of a contract in writing"

after "in charge" in the penultimate line. The effect of this is to

create a further exception to the rule that only the operator of

the last installation in which the nuclear substances involved in

a nuclear incident were before the damage was caused shall be liable

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