TNAG-1121-FCO40-1396-Amendment-of-Nuclear-Installations-Act-1965-extension-to-Dep-1982 — Page 25

in accordance with the Convention.

41.

Section 12(1) (b) of the 1965 Act gives effect to the "channelling" provisions of Article 5 by providing that, subject

to specified exceptions, only the person in breach of a duty imposed

by section 7,8,9, or 10 shall be liable for injury or damage caused

by that breach. Counsel is asked to make appropriate provision

for the further exception described.

Definition of Excepted Matter

42. Article C of the Paris Protocol changes Article 1(a) of the

Paris Convention in certain respects. Article 1(a) defined certain

terms for the purposes of the Convention. The changes : to the

definition of "Radioactive products or waste" in Article 1(a) (iv)

exclude from that definition.

43.

"(2) radioisotopes outside a nuclear installation which

have reached the final stage of fabrication so as to be usable

for any industrial, commercial, agricultural, medical, scientific or educational purpose" (changes underlined).

Sub-paragraph (a) in the definition of "excepted matter" in

section 26 (1) of the 1965 Act will need to be amended to ensure that

the isotopes there described are those mentioned in Article 1(a) (iv) (2) of the Paris Convention as amended and Counsel is requested to make

the necessary provision.

44。

This provision is one of those which will not be brought into force

until the Protocol itself enters into force.

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