TNAG-2889-FCO40-4161-Hong-Kong-localisation-of-laws-liability-for-carriage-of-nu-1993 — Page 15

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Ch. 57

Attachment

of conditions to licences.

1960 c. 34.

Nuclear Installations Act 1965

or the first occasion after the grant of the licence on which any person uses the site for the operation of a nuclear installation, whichever is the earlier.

(6) The Minister may from time to time vary any nuclear site licence by excluding therefrom any part of the licensed site- (a) which the licensee no longer needs for any use requiring

such a licence; and

(b) with respect to which the Minister is satisfied that there is no danger from ionising radiations from anything on that part of the site.

4.-(1) The Minister by instrument in writing shall on grant- ing any nuclear site licence, and may from time to time there- after, attach to the licence such conditions as may appear to the Minister to be necessary or desirable in the interests of safety, whether in normal circumstances or in the event of any accident or other emergency on the site, which conditions may in particular include provision-

(a) for securing the maintenance of an efficient system for detecting and recording the presence and intensity of any ionising radiations from time to time emitted from anything on the site or from anything discharged on or from the site;

(b) with respect to the design, siting, construction, installa- tion, operation, modification and maintenance of any plant or other installation on, or to be installed on, the site:

(c) with respect to preparations for dealing with, and measures to be taken on the happening of, any accident or other emergency on the site;

(d) without prejudice to sections 6 and 8 of the Radioactive Substances Act 1960, with respect to the discharge of any substance on or from the site.

(2) The Minister may at any time by instrument in writing attach to a nuclear site licence such conditions as the Minister may think fit with respect to the handling, treatment and disposal of nuclear matter.

(3) The Minister may at any time by a further instrument in writing vary or revoke any condition for the time being attached to a nuclear site licence by virtue of this section.

(4) While a nuclear site licence remains in force in respect of any site, the Minister shall consider any representations by any organisation representing persons having duties upon the site which may from time to time be made to him with a view to the exercise by him in relation to the site of any of his powers under the foregoing provisions of this section.

Nuclear Installations Act 1965

Cu. 57

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(5) At all times while a nuclear site licence remains in force. the licensee shall cause copies of any conditions for the time being in force under this section to be kept posted upon the site, and in particular on any part thereof which an inspector may direct, in such characters and in such positions as to be conveniently read by persons having duties upon the site which are or may be affected by those conditions.

(6) Any person who contravencs subsection (5) of this section, and, in the event of any contravention of any condition attached to a nuclear site licence by virtue of this section, the licensee and any person having duties upon the site in question by whom that contravention was committed, shall be guilty of an offence and be liable-

(a) on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both;

(b)

on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding five years, or to both;

and any person who without reasonable cause pulls down, injures or defaces any document posted in pursuance of the said subsection (5) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding five pounds.

5.—(1) A nuclear site licence may at any time be revoked Revocation

and surrender of licences. by the Minister or surrendered by the licensee.

(2) Where a nuclear site licence has been revoked or sur- rendered, the licensee shall, if so required by the Minister, deliver up or account for the licence to such person as the Minister may direct, and shall during the remainder of the period of his responsibility cause to be kept posted upon the site such notices indicating the limits thereof in such positions as may be directed by an inspector; and the Minister may on the revocation or surrender and from time to time thereafter until the expiration of the said period give to the licensee such other directions as the Minister may think fit for preventing or giving warning of any risk of injury to any person or damage to any property by ionising radiations from anything remaining on the site.

**

(3) In this Act, the expression "period of responsibility in relation to the licensee under a nuclear site licence means, as respects the site in question or any part thereof, the period beginning with the grant of the licence and ending with which- ever of the following dates is the earlier, that is to say-

(a) the date when the Minister gives notice in writing to the licensee that in the opinion of the Minister there has ceased to be any danger from ionising radiations

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