Atomic Energy Act 1946

JurisdictionUK Non-devolved
Citation1946 c. 80
Year1946


Atomic Energy Act, 1946

(9 & 10 Geo. 6.) CHAPTER 80

An Act to provide for the development of atomic energy and the control of such development and for purposes connected therewith.

[6th November 1946]

B E it enacted by the King'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:—

General Functions of Minister of Supply.

General Functions of Minister of Supply.

S-1 General duty of Minister of Supply.

1 General duty of Minister of Supply.

1.—It shall be the general duty of the Minister of Supply (in this Act referred to as ‘the Minister’) to promote and control the development of atomic energy.

S-2 General powers of Minister.

2 General powers of Minister.

(1) The Minister shall have power—

(a ) to produce use and dispose of atomic energy and carry out research into any matters connected therewith;

(b ) to manufacture or otherwise produce, buy or otherwise acquire, store and transport any articles which in the opinion of the Minister are, or are likely to be, required for or in connection with the production or use of atomic energy or such research as aforesaid, and to dispose of any articles manufactured, produced, bought or acquired by him; and

(c ) to do all such things (including the erection of buildings and the execution of works and the working of minerals) as appear to the Minister necessary or expedient for the exercise of the foregoing powers.

(2) Subsections (2) and (3) of section two of the Ministry of Supply Act, 1939 (which provide for the application of certain statutory provisions, including provisions relating to the acquisition of land, in relation to the Minister or his property) and Articles 5 and 6 of the Ministry of Supply (Transfer of Powers) (No. 1) Order, 1939, shall apply in relation to any functions of the Minister under this Act or any property vested in or under the control of the Minister by virtue of this Act.

S-3 Grants and loans of Minister.

3 Grants and loans of Minister.

(1) The Minister may, in accordance with arrangements approved by the Treasury, make out of moneys provided by Parliament payments by way of grant or loan to any person engaged in the production or use of atomic energy or research into matters connected therewith.

(2) If any person, for the purpose of obtaining payment under this section, either for himself or for any other person, knowingly or recklessly makes any untrue statement or untrue representation, he shall be guilty of an offence under this Act.

Powers to obtain information and to inspect.

Powers to obtain information and to inspect.

S-4 Power to obtain information of materials, plant and processes.

4 Power to obtain information of materials, plant and processes.

(1) The Minister may by notice in writing served upon any person require him to make such periodical and other returns, at such times and containing such particulars and accompanied by such plans, drawings and other documents as may be specified in the notice,—

(a ) of any prescribed substance, specified in the notice, in his possession or under his control;

(b ) of any minerals so specified in his possession or under his control or present in or on land owned or occupied by him, being minerals from which, in the opinion of the Minister, any of the prescribed substances can be obtained;

(c ) of any plant in his possession or under his control designed or adapted for the production or use of atomic energy or research into matters connected therewith;

(d ) of any contract entered into by him or any licence granted by or to him relating to the production or use of atomic energy or research into matters connected therewith;

(e ) of any other information in his possession relating to any work carried out by him, or on his behalf or under his direction, in connection with the production or use of atomic energy or research into matters connected therewith.

(2) If any person—

(a ) fails to comply with any notice served on him under this section; or

(b ) knowingly or recklessly makes any untrue statement in any return made in pursuance of any such notice;

he shall be guilty of an offence under this Act.

S-5 Power of entry and inspection.

5 Power of entry and inspection.

(1) Any person authorised by the Minister may, on producing, if so required, some duly authenticated document showing his authority, enter any premises where he has reasonable grounds for believing that work is being carried out for the purpose of or in connection with the production or use of atomic energy or research into matters connected therewith, or that any of the prescribed substances, or any minerals from which any such substance can be obtained, or any such plant as is mentioned in paragraph (c of the last foregoing section are situated, and may inspect the premises and any articles found therein.

The person carrying out the inspection may make copies of, or extracts from, any drawing, plan or other document found in the premises and, for the purpose of making such copies or extracts, may remove any such drawing, plan or other document and retain possession thereof for a period not exceeding seven days.

(2) If any person wilfully obstructs any person exercising powers under this section, he shall be guilty of an offence under this Act.

Power to search for and work minerals and acquire property.

Power to search for and work minerals and acquire property.

S-6 Power to do work for purpose of discovering minerals.

6 Power to do work for purpose of discovering minerals.

(1) The Minister or any person authorised by him in that behalf may, subject to the provisions of this section, do on, over or below the surface of any land such work as the Minister considers necessary for the purpose of discovering whether there is present in or on the land, either in a natural state or in a deposit of waste material obtained from any underground or surface working, any minerals from which in his opinion any of the prescribed substances can be obtained, and the extent to which any such mineral is so present.

(2) Before any powers are exercised under the last foregoing subsection in relation to any land, the Minister shall serve on every owner, lessee and occupier of the land a notice in writing specifying the nature of the work proposed to be done and the extent of the land affected, and the time, not being less than twenty-eight days, within which and the manner in which objections can be made thereto, and no such power shall be exercised otherwise than in pursuance of the notice or before the expiration of the time specified therein for making objections.

(3) If any such objection is duly made and not withdrawn, the Minister shall, before exercising any such powers, afford an opportunity to the person making the objection of appearing before and being heard by a person appointed by the Minister for the purpose and, if the person making the objection avails himself of that opportunity, the Minister may afford to any other persons to whom it appears to him expedient to afford it, an opportunity of being heard on the same occasion.

(4) The Minister may, after considering any such objection and the report of the person appointed as aforesaid, serve on the persons on whom the original notice was served a further notice in writing withdrawing the original notice or modifying the terms thereof, but not so as to increase the extent of the land affected, and, in the case of modification, no powers shall be exercised under subsection (1) of this section otherwise than in pursuance of the original notice as so modified.

(5) The powers conferred by subsection (1) of this section shall be construed as including a power to remove any work constructed or other thing placed on, over or below the surface of the land in the course of the exercise of those powers, and to do such work on the land as the Minister or person authorised by him in that behalf thinks fit for the purpose of restoring the land wholly or partly to the condition in which it would have been but for the exercise of those powers.

(6) For the purpose of exercising the powers conferred by the foregoing provisions of this section, any person authorised by the Minister in that behalf may pass, with or without animals or vehicles, over any land.

(7) If any person wilfully obstructs or interferes with the exercise of powers under this section, he shall be guilty of an offence under this Act.

(8) Compensation shall be determined and paid in accordance with the First Schedule to this Act in respect of any diminution in the value of any land resulting from the exercise of powers under this section.

S-7 Compulsory acquisition of rights to work minerals.

7 Compulsory acquisition of rights to work minerals.

(1) Where it appears to the Minister that any minerals from which in his opinion any of the prescribed substances can be obtained are present in or on any land, either in a natural state or in a deposit of waste material obtained from any underground or surface working, he may by order provide for compulsorily vesting in him the exclusive right, so long as the order remains in force, to work those minerals and any other minerals which it appears to him to be necessary to work with those minerals, and may also provide, by that order or a subsequent order, for compulsorily vesting in him any other ancillary rights which appear to him to...

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