NUCLEAR INSTALLATIONS (JERSEY) (VARIATION) ORDER 1987

Transcription

1 NUCLEAR INSTALLATIONS (JERSEY) (VARIATION) ORDER 1987 JERSEY REVISED EDITION OF THE LAWS APPENDIX

2

3 3 Jersey Order in Council 20/1988 THE NUCLEAR INSTALLATIONS (JERSEY) (VARIATION) ORDER (Registered on the 16th day of December, 1988.) At the Court of Buckingham Palace. 18th December, PRESENT The Queen s Most Excellent Majesty in Council. HER MAJESTY, in pursuance of section 28 of the Nuclear Installations Act 1965 as extended by section 4(6) of the Congenital Disabilities (Civil Liability) Act 1976 and section 33 of the Energy Act 1983 is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows 1. This Order may be cited as the Nuclear Installations (Jersey) (Variation) Order 1987 and shall come into force on 18th January, (1) The Nuclear Installations (Jersey) Order shall be varied in accordance with the provisions of the Schedule to this Order. (2) Insofar as it relates to paragraphs 1 and 3 of the Schedule to this Order, paragraph (1) of this Article shall not have effect in respect of any occurrence before (or beginning before) the commencement of this Order. (3) Insofar as it relates to paragraph 2 of the Schedule to this Order, paragraph (1) of this Article applies in respect of births after (but not before) the commencement of this Order. G.I. DE DENEY Clerk of the Privy Council. 1 Volume , page 335. Revised Edition 31 August 2004 Page - 3

4 4 SCHEDULE (Article 2) Variations to the Nuclear Installations (Jersey) Order In Article 3, for the words Nuclear Installations Act 1965 and Schedule 2 thereto there shall be substituted the words and Schedule 2 to the Nuclear Installations Act 1965 as amended by the Energy Act After Article 3 there shall be inserted the following Article 4. Section 3 of the Congenital Disabilities (Civil Liability) Act 1976 shall extend to Jersey with the following exceptions, adaptations and modifications, that is to say any reference to an enactment shall be construed as a reference to that enactment as it has effect in Jersey; (b) subsection (1) shall be omitted; (c) in subsection (2), for the words that Act there shall be substituted the words the Nuclear Installations Act 1965 ; (d) in subsection (3) (i) (ii) for the words any of sections 7 to 11 there shall be substituted the words section 10 or 11 and for the words nuclear site licensees there shall be substituted the words relevant operators, and (e) after subsection (5) there shall be inserted the following subsection (6) In this section references to a child being born disabled or with disabilities are to its being born with any deformity, disease or abnormality, including predisposition (whether or not susceptible of immediate prognosis) to physical or mental defect in the future; and (b) born 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.. 3.-(1) The Schedule shall be varied in accordance with the following provisions of this paragraph. (2) In paragraph 7, after the words (1) to (3) there shall be inserted the words and (5A). (3) After paragraph 18 there shall be inserted the following paragraph Page - 4 Revised Edition 31 August 2004

5 5 18A. In section 17(5A) for the words the United Kingdom there shall be substituted the word Jersey. (4) In paragraph 20, for the words of 2,100,000 there shall be substituted the words amount which is the equivalent in sterling (on the day, or first day, of that occurrence) of 5 million special drawing rights. (5) After paragraph 20 there shall be inserted the following paragraph 20A. In section 21(1A), for the words the Treasury there shall be substituted the words Her Majesty s Treasury. (4A). (6) In paragraph 23, after the words 21(4) there shall be inserted the words and (7) After paragraph 39 there shall be inserted the following paragraphs 39A. In section 25A the words 16(1A), 18(1B) or shall be omitted, and (b) for the words but no such order to the end there shall be substituted the words and any such order shall have effect in Jersey as it has effect in the United Kingdom if registered in the Royal Court of Jersey and from the date of such registration. 39B. In section 25B for the words the Treasury wherever they occur there shall be substituted the words Her Majesty s Treasury, and (b) in subsection (3), the words from and any fee to the end shall be omitted.. Revised Edition 31 August 2004 Page - 5

6 6 THE CONGENITAL DISABILITIES (CIVIL LIABILITY) ACT 1976 ARRANGEMENT OF SECTIONS Section. 1. * * * * * * * 2. * * * * * * * 3. Disabled birth due to radiation. 4. * * * * * * * 5. * * * * * * * 6. * * * * * * * Page - 6 Revised Edition 31 August 2004

7 7 ELIZABETH II 1976 CHAPTER 28 AN ACT to make provision as to civil liability in the case of children born disabled in consequence of some person s fault; and to extend the Nuclear Installations Act 1965, so that children so born in consequence of a breach of duty under that Act may claim compensation. [22nd July, 1976] BE IT ENACTED by the Queen s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows 2 1. * * * * * * * 2. * * * * * * * 3.-(1) * * * * * * * Disabled birth due to radiation (2) For the avoidance of doubt anything which 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 [the Nuclear Installations Act 1965.] (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 [section 10 or 11] of that Act ([relevant operators] 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. (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 2 Deletions and words in square brackets indicate adaptations and modifications made by The Nuclear Installations (Jersey) (Variation) Order Revised Edition 31 August 2004 Page - 7

8 8 the risk of their child being born disabled (that is to say, the particular risk created by the injury). [(6) In this section (b) references to a child being born disabled or with disabilities are to its being born with any deformity, disease or abnormality, including predisposition (whether or not susceptible of immediate prognosis) to physical or mental defect in the future; and born 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.] 4. * * * * * * * 5. * * * * * * * 6. * * * * * * * Page - 8 Revised Edition 31 August 2004