TNAG-2889-FCO40-4161-Hong-Kong-localisation-of-laws-liability-for-carriage-of-nu-1993 — Page 19

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CH. 57

Nuclear Installations Act 1965

Nuclear Installations Act 1965

Protection for ships and aircraft.

1956 c. 46.

1894 c. 60.

Time for bringing

claims under ss. 7 to 11.

but only if, and to the extent that, the causing of that injury or damage is attributable to any act of that person committed with the intention of causing harm to any person or property or with reckless disregard for the consequences of his act.

14.—(1) A claim under this Act in respect of any occurrence such as is mentioned in section 7(2)(b) or (c), 10 or 11 of this Act which constitutes a breach of a person's duty under section 7, 8, 9, 10 or 11 of this Act shall not give rise to any lien or other right in respect of any ship or aircraft; and the following provisions of the Administration of Justice Act 1956 (which relate to the bringing of actions in rem against ships or aircraft in England and Wales, Scotland and Northern Ireland respectively), that is to say-

(a) section 3(3) and (4);

(b) section 47 ; and

(c) paragraph 3(3) and (4) of Part I of Schedule 1, and section 503 of the Merchant Shipping Act 1894 (which relates to the limitation of the liability of shipowners), shall not apply to that claim.

(2) Subsection (1) of this section shall have effect in relation to any claim notwithstanding that by reason of section 16 of this Act no payment for the time being falls to be made in satisfaction of the claim.

Bringing and satisfaction of claims

15. (1) Subject to subsection (2) of this section and to section 16(3) of this Act, but notwithstanding anything in any other enactment, a claim by virtue of any of sections 7 to 11 of this Act may be made at any time before, but shall not be enter- tained if made at any time after, the expiration of thirty years from the relevant date, that is to say, the date of the occur- rence which gave rise to the claim or, where that occurrence was a continuing one, or was one of a succession of occurrences all attributable to a particular happening on a particular rele- vant site or to the carrying out from time to time on a particu- lar relevant site of a particular operation, the date of the last event in the course of that occurrence or succession of occur- rences to which the claim relates.

(2) Notwithstanding anything in subsection (1) of this section, a claim in respect of injury or damage caused by an occur- rence involving nuclear matter stolen from, or lost, jettisoned or abandoned by, the person whose breach of a duty imposed by section 7, 8, 9 or 10 of this Act gave rise to the claim shall not be entertained if the occurrence takes place after the expira- tion of the period of twenty years beginning with the day when the nuclear matter in question was so stolen, lost, jetti- soned or abandoned.

ss. 7 to 10.

16. (1) The liability of any person to pay compensation Satisfaction under this Act by virtue of a duty imposed on that person by of claims by section 7, 8 or 9 thereof shall not require him to make in virtue of respect of any one occurrence constituting a breach of that duty payments by way of such compensation exceeding in the aggregate, apart from payments in respect of interest or costs. five million pounds.

(2) A relevant forcign operator shall not be required by virtue of section 10 of this Act to make any payment by way of com- pensation in respect of an occurrence-

(a) if he would not have been required to make that pay- ment if the occurrence had taken place in his home territory and the claim had been made by virtue of the relevant foreign law made for purposes corresponding to those of section 7, 8 or 9 of this Act; or (b) to the extent that the amount required for the satisfac- tion of the claim is not required to be available by the relevant foreign law made for purposes corres- ponding to those of section 19(1) of this Act and has not been made available under section 18 of this Act or by means of a relevant foreign contribution. (3) Any claim by virtue of a duty imposed on any person by section 7, 8, 9 or 10 of this Act-

(a) to the extent to which, by virtue of subsection (1) or (2) of this section, though duly established, it is not or would not be payable by that person; or

(b) which is made after the expiration of the relevant

period; or

(c) which, being such a claim as is mentioned in section 15(2) of this Act, is made after the expiration of the period of twenty years so mentioned; or

(d) which is a claim the full satisfaction of which out of funds otherwise required to be, or to be made, avail- able for the purpose is prevented by section 21(1) of this Act,

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shall be made to the appropriate authority, that is to say--

(i) in the case of a claim by virtue of the said section 8.

the Minister of Technology:

(ii) in the case of a claim by virtue of the said section 9 (other than a claim in connection with a site used by a department of the Government of Northern Ireland), the Minister in charge of the government department concerned ;

(iii) in any other case, the Minister,