TNAG-1121-FCO40-1396-Amendment-of-Nuclear-Installations-Act-1965-extension-to-Dep-1982 — Page 29

never to have been brought into force. Section 18(3) of the

Amendment Act provided that that Act should come into force

on dates appointed by Order in Council. Two such Orders were made,

S.I. 1965/1131, which brought sections 11 and 13 into force, and

S.I. 1965/1879, which brought section 17 (2) into force. No other

Orders were made.

54. The Amendment Act also provided in section 17(1) and Schedule 2,

for the repeal of provisions in section 4 of the 1959 Act. However,

when the 1959 Act and the Amendment Act were consolidated in the

1965 Act the whole of both Acts, apart from section 17(2) of the

Amendment Act, were repealed.

55. An argument has been put forward that, because section 12(1) (b)

of the 1965 Act provides that "no other liability shall be incurred

by any person in respect of" injury or damage which results from a

breach of the duty imposed, inter alia, by section 8 which relates to

the Authority, and, because any such breach would also give rise to

liability under section 5(3) of the 1954 Act, the latter must have

ceased to have effect when sections 8 and 12 of the 1965 Act came into

force. However, a footnote to section 5(3) by the editors of Halsbury's Statutes of England (3rd Edition, vol 37, p.391) states that that

subsection

"thus appears to be still in force, but serves little purpose in view of the similar but wider provisions of the Nuclear Installations Act 1965, SS 7 and 8".

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56.

Although that footnote describes the provisions of sections

7 and 8 of the 1965 Act as being wider, it is possible that in another

respect they are not. In section 5 (3) of the 1954 Act the word "hurt"

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