TNAG-1121-FCO40-1396-Amendment-of-Nuclear-Installations-Act-1965-extension-to-Dep-1982 — Page 26

Section 17 (5) of the 1965 Act

45.

This section, which would provide a defence for an action in

the UK to enforce a foreign judgment for nuclear damage, has not

yet been brought into force because of a number of bilateral

conventions between the UK and other states which relate to the

reciprocal enforcement of judgments. Some work was done to

negotiate protocols to those conventions to exclude nuclear damage

from their scope, but when the European Judgments Convention came

on the scene impetus was lost.

46.

The position now is that it is expected that the UK will soon

be in a position to ratify the European Judgment Convention which,

it is thought, will override the provisions of any such bilateral

conventions with other Member States of the European Community. There

will, however, still be a number of bilateral Conventions with States

not party to the European Judgments Convention.

47. It is, therefore, proposed that provision should be made to

amend section 17(5) in such a way as to enable it to be brought

into force in respect of any State with whom there is not in force

a convention on the enforcement of judgments which relates to

nuclear damage. Counsel is therefore requested to make such provision

in the Bill. This would seem to be possible by adding a fourth

requirement for the defence provided by the subsection to succeed,

to the effect that there is no convention on the enforcement of

judgments between the UK and the State in which the judgment relating to nuclear damage was obtained.

Cover for nuclear matter stolen, lost, jettisoned or abandoned

Counsel is asked to note that provision may be required for a

48.

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