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Nuclear Liability – UK government sets out new rules for ‘intermediate risks’

The Department for Business, Energy & Industrial Strategy (BEIS) late last
week published its position on the criteria for determining the new
category of ‘intermediate risk’ nuclear sites that is to be established in
UK law.

Helen Peters, a nuclear expert at Pinsent Masons, the law firm
behind Out-Law.com, said that the changes that BEIS has made to the
criteria are to be welcomed and would enable the government to move forward
with laying the draft Nuclear Installations (Prescribed Sites and
Transport) Regulations in parliament at some point in the near future.

The new regulations once introduced will come into force at the same time as
the amendments to Nuclear Installations Act 1965 which are set out in the
Nuclear Installations (Liability for Damage) Order 2016. These amendments
support the implementation of the 2004 Protocols to the Paris Convention on
nuclear third party liability and the Brussels Supplementary Convention.

The decision on the criteria for intermediate risk sites has been made
further to a consultation in 2016 on the proposed definitions for the
purposes of nuclear liability for low risk nuclear sites, intermediate
sites, relevant disposal sites and the transport of low risk nuclear
matter.

After considering the responses to the 2016 consultation, the
government elected to further consider the definition for intermediate risk
sites. It elected to reconsult on the matter in 2017 because the proposed
revised definition was significantly different to the one set out in the
2016 proposal. The BEIS paper published last week contained the
government’s response (12-page / 101KB PDF) to the feedback it received to
its reconsultation. A new liability limit of €160 million will apply to
nuclear sites classed as ‘intermediate risk’ once the legislative changes
come into force. As many as 14 nuclear sites could qualify as ‘intermediate
risk’ sites under the new criteria that has been established, BEIS said.
https://www.out-law.com/en/articles/2018/january/uk-government-clarifies-criteria-for-intermediate-risk-nuclear-sites/

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January 13, 2018 - Posted by | politics, safety, UK

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