Nuclear Installations Act 1965 etc. (Repeals and Modifications) Regulations 1974

JurisdictionUK Non-devolved
CitationSI 1974/2056
Year1974

1974 No. 2056

HEALTH AND SAFETY ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES

The Nuclear Installations Act 1965 etc. (Repeals and Modifications) Regulations 1974

Made 9th December 1974

Laid before Parliament 11th December 1974

Coming into Operation 1st January 1975

The Secretary of State for Energy (in relation to England and Wales) and the Secretary of State for Scotland (in relation to Scotland), in exercise of the powers conferred on them by sections 15(1) and (3)(a), 80(1), and 82(3)(a) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) and of all other powers enabling them in that behalf, and after consultation with the Health and Safety Commission and such other bodies as appeared to them to be appropriate, hereby make the following Regulations:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Nuclear Installations Act 1965 etc. (Repeals and Modifications) Regulations 1974 and shall come into operation on 1st January 1975.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

(3) In these Regulations, “” means mentioned in Schedule 1 to the 1974 Act as a relevant statutory provision.

S-2 Repeals and Modifications

Repeals and Modifications

2.—(1) In the 1965 Act—

(a)

(a) the provisions mentioned in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Schedule; and

(b)

(b) the provisions mentioned in Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Schedule.

(2) The Nuclear Installations (Dangerous Occurrences) Regulations 19651(“the Dangerous Occurrences Regulations”) shall have effect as if in Regulation 4(1) the references to the Minister were references to the Health and Safety Executive.

S-3 Supplemental

Supplemental

3.—(1) These Regulations shall not affect the validity of anything done under or by virtue of the 1965 Act or the Dangerous Occurrences Regulations before the coming into operation of these Regulations; and anything which at the coming into operation of these Regulations is in the process of being done for the purposes of a relevant provision of the 1965 Act (other than subsections (6) and (7) of section 24 of that Act as originally enacted) or of the Dangerous Occurrences Regulations—

(a)

(a) by or in relation to an inspector appointed under that Act; or

(b)

(b) by or in relation to the Secretary of State,

may, so far as may be necessary for the purpose of or in consequence of these Regulations, be continued by or in relation to the Health and Safety Executive.

(2) Any document relating to the functions under a relevant provision of the 1965 Act of an inspector appointed under that Act or of the Secretary of State shall be construed, so far as may be necessary for the purpose of or in consequence of the provisions of these Regulations, as if any reference to such an inspector were a reference to an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act and as if any reference to the Secretary of State were a reference to the Health and Safety Executive.

(3) Licences, directions, consents, approvals, notices, certificates, determinations and other instruments granted, given or issued for the purposes of or under a relevant provision of the 1965 Act or for the purposes of or under a nuclear site licence issued under that Act and which are in force at the coming into operation of these Regulations shall continue in effect as if granted, given or issued in accordance with that Act as modified by these Regulations or under a licence granted under that Act as so modified.

(4) Where any of the provisions repealed or modified by these Regulations prescribes a penalty for an offence of any kind, that penalty shall, notwithstanding these Regulations, continue to apply to offences of that kind committed before 1st January 1975.

S-4 Northern Ireland

Northern Ireland

4. These Regulations shall not extend to Northern Ireland.

Eric Varley

Secretary of State for Energy

9th December 1974

William Ross

Secretary of State for Scotland

9th December 1974

SCHEDULE 1

Regulation 2(1)(a)

Repeals—Nuclear Installations Act 1965

Provision

Extent of Repeal

Section 1

In subsection (3), the words from

to the end of the subsection.

Section 4

In subsection (6), the words from

where they first appear to the words

.

Section 5

In subsection (4), the words from

where they first appear to the words

and subsection (5).

Section 6

In subsection...

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