TNAG-2889-FCO40-4161-Hong-Kong-localisation-of-laws-liability-for-carriage-of-nu-1993 — Page 25

1264

CH. 57

Nuclear Installations Act 1965

Nuclear Installations Act 1965

CH. 57

1265

4:0

(iii) any person with duties on or in connection with any licensed site or any site being used as aforesaid,

to provide the inspector with such information, or to permit him to inspect such documents, relating to the use of the site as the inspector may specify; (c) enter any place, vehicle, vessel or aircraft involved in any such occurrence as is mentioned in section 22(1) of this Act with such equipment, and carry out such tests and inspections, as he may consider necessary or expedient;

(d) require the licensee or other person referred to in the said section 22(1) concerned in any such occurrence and any other person with duties concerning the nuclear matter involved in the occurrence to provide him with such information, or to permit him to inspect such documents, relating to the nuclear matter as the inspector may specify.

(3) Before carrying out any test in pursuance of his powers under subsection (2) (a) of this section, the inspector shall consult with such persons having duties upon the site as may appear to him appropriate in order to secure that the carrying out of the test does not create any danger.

(4) Any person who obstructs an inspector in the exercise of his powers under subsection (2) (a) or (c) of this section or who refuses or without reasonable excuse fails to provide any informa- tion or to permit any inspection reasonably required by the inspector under subsection (2)(b) or (d) thereof shall be guilty of an offence and be liable on summary conviction to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months, or to both.

(5) Any person who, without the authority of the Minister, discloses any information obtained in the exercise of powers under this Act shall be guilty of an offence and be liable-

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

(b) on conviction on indictment, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding two years, or to both.

(6) In such cases and to such extent as it may appear to the Minister, with the agreement of the Treasury, to be appropriate so to do, the Minister shall require a licensee to repay to the

Minister such part as may appear to the Minister to be attrib- utable to the nuclear installations in respect of which nuclear site licences have been granted to that licensee of—

(a) any sums paid by the Minister under subsection (1)

of this section; and

(b) any expenses, being→

(i) expenses incurred by the Minister; or

(ii) expenses incurred by any other government department in connection with the Ministry of

Power; or

(iii) such sums as the Treasury may determine in respect of the use for the purposes of that Ministry of any premises belonging to the Crown. which the Minister may, with the consent of the Treasury, determine to be incurred in connection with the exercise by the Minister of his powers under the said subsection (1),

and the licensee shall comply with such requirement: and any sums so repaid to the Minister shall be paid into the Exchequer.

(7) Any liability of a licensee in respect of sums payable by him under subsection (6) of this section on account of pensions shall, if the Minister so determines, be satisfied by way of con- tributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.

25.-(1) Where a body corporate is guilty of an offence Offences- under any of the provisions of this Act and that offence is proved general. to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and where the body corporate was guilty of the offence in the capacity of licensee under a nuclear site licence, he shall be so liable as if he, as well as the body corporate, were the licensee.

In this subsection, the expression "director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.