TNAG-1121-FCO40-1396-Amendment-of-Nuclear-Installations-Act-1965-extension-to-Dep-1982 — Page 32

65. Section 28 (2) specifically provides that Orders in Council

under that section may be varied or revoked by subsequent Orders. If

provision to give effect to these instructions is made by means of

amendments of the 1965 Act, it would seem that that power should be

sufficient. However, Counsel is asked to have the point in mind and

to make further provision if that seems necessary.

COMMENCEMENT

66. Some of the provisions mentioned above will be required to be

i

brought into force shortly after Royal Assent, though there may need to

be a period of time to allow licensees to make new insurance arrangement: while other provisions will not be brought into force until the

Protocols have received enough ratifications to bring them into force.

Counsel

Counsel is therefore asked to provide that different days may be

appointed for different provisions of the Act.

67. Both Section 18(3) of the Amendment Act and section 30 (2) of

the 1965 Act contained such provisions. In both cases the method

employed was an Order in Council. It has not been possible to discover

the reason why Orders in Council were employed under the earlier Acts, though it is thought that it may be due to the fact that those Acts are

concerned with implementing international obligations. Counsel is

asked to consider if such orders are necessary here or whether the Act

can be brought into force by commencement orders made by the

Secretary of State.

68.

If there is no special reason for using Orders in Council, appointed day orders made by the Secretary of State would be preferred.