TNAG-2889-FCO40-4161-Hong-Kong-localisation-of-laws-liability-for-carriage-of-nu-1993 — Page 49

584

c. 25

15.

Energy Act 1983

Limitation of operators' liability.

1965 c. 57.

!

PART II

NUCLEAR INSTALLATIONS

27.-(1) In section 16 of the Nuclear Installations Act 1965. (below called the 1965 Act"), in subsection (1) (limitation d operator's liability in respect of any occurrence to £5 million) for the words "five million pounds" there shall be substituted the words £20 million or, in the case of the licensees of suck sites as may be prescribed, £5 million ".

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(2) After subsection (1) of that section there shall be inserted-

the

th::

(6) I:

State million fifths ol

"(1A) The Secretary of State may with the approval of (7) li the Treasury by order increase or further increase eitherrence or both of the amounts specified in subsection (1) of th section; but an order under this subsection shall not affect liability in respect of any occurrence before (or beginning before) the order comes into force.".

"

(3) In subsection (5) of section 13 of that Act (claim by a person who has himself paid compensation) for the words from not exceeding the to "pounds there shall be substituted the words (subject to subsection (5A) of this section)"; and after subsection (5) there shall be inserted-

(5A) The amount that a person may claim by virtue of subsection (5) of this section shall not exceed the amount of the payment made by him and, in the case of a claim made by virtue of paragraph (b) of that subsection, shall not exceed the amount applicable under section 16(1) or (2) of this Act to the person subject to the duty in question.".

(4) In subsection (1) of section 19 of that Act (special cover for licensee's liability), for the words an aggregate amount of uvė million pounds" there shall be substituted the words “the required amount"; and after that subsection there shall be inserted-

"A) In this section "the required amount ", in relation to the provision to be made by a licensee in respect of a cover period, means an aggregate amount equal to the amount applicable under section 16(1) of this Act to the licensee, as licensee of the site in question, in respect of 10 occurrence within that period.”.

(5) In subsection (2) of section 19 of that Act, after the word "means" there shall be inserted the words "subject to sub section (2A) of this section"; and after subsection (2) there shall be inserted—

(8) S

any occ

of this: €16(1) of virtue o of that site and and a r

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(genera: (a)

(2)

(b)

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of

(2A) When the amount applicable under section 16(1) of this Act to a licensee of a site changes as a result of- (a) the coming into force of an order under section

16(1A) or of regulations made for the purposes section 16(1), or