TNAG-2889-FCO40-4161-Hong-Kong-localisation-of-laws-liability-for-carriage-of-nu-1993 — Page 58

1976

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Congenital Disabilities (Civil Liability) Act 1976

c. 28

525

3-(1) Section 1 of this Act does not affect the operation of Disabled the Nuclear Installations Act 1965 as to liability for, and com- birth due to pensation in respect of, injury or damage caused by occurrences radiation. involving nuclear matter or the emission of ionising radiations.

(2) For the avoidance of doubt anything which—

(a) affects a man in his ability to have a normal, healthy

child; or

(b) affects a woman in that ability, or so affects her when she is pregnant that her child is born with disabilities which would not otherwise have been present,

is an injury for the purposes of that Act.

(3) If a child is born disabled as the result of an injury to either of its parents caused in breach of a duty imposed by any of sections 7 to 11 of that Act (nuclear site licensees and others to secure that nuclear incidents do not cause injury to persons, etc.), the child's disabilities are to be regarded under the subsequent provisions of that Act (compensation and other matters) as injuries caused on the same occasion, and by the same breach of duty, as was the injury to the parent.

1965 c. 57.

(4) As respects compensation to the child, section 13(6) of that Act (contributory fault of person injured by radiation) is to be applied as if the reference there to fault were to the fault of the parent.

(5) Compensation is not payable in the child's case if the injury to the parent preceded the time of the child's conception and at that time either or both of the parents knew the risk of their child being born disabled (that is to say, the particular risk created by the injury).

4.-(1) References in this Act to a child being born disabled Interpretation or with disabilities are to its being born with any deformity, and other disease or abnormality, including predisposition (whether or not supplementary susceptible of immediate prognosis) to physical or mental defect provisions.

in the future.

(2) In this Act-

CC

32

(a) bom means born alive (the moment of a child's birth being when it first has a life separate from its mother), and "birth" has a corresponding meaning; and

(b) "motor vehicle" means a mechanically propelled

vehicle intended or adapted for use on roads.

(3) Liability to a child under section 1 or 2 of this Act is to be regarded-

(a) as respects all its incidents and any matters arising or

to arise out of it; and