Nuclear Installations Act 1965
What this means for your business
- Enforced by
- ONR
- Applies to
- United Kingdom
- On this page
- 13 compliance obligations, 1 practical guide
What you must do
13 compliance obligations under this legislation — 4 can result in imprisonment.
Management duties 4
Comply with Ministerial security directions and manage site entry consent
If you run a nuclear site you must follow any security directions the Minister gives you – this can include terminating or not hiring certain staff and keeping sensitive material safe. You also have to control who can enter the site on security grounds, giving consent only when the Minister allows it or under any conditions you set.
Prevent injury or damage when transporting nuclear matter
Unlimited fineIf your business arranges for nuclear material (that is not excepted) to be moved inside the UK, and the transport is not classified as ‘relevant carriage’ or on a designated nuclear site, you must make sure that no accident causes injury to anyone else or damage to their property. In practice this means you need robust safety arrangements, risk assessments and monitoring for any such carriage.
Prevent nuclear accidents and radiation incidents on your licensed site
Unlimited fineIf you hold a nuclear site licence you must make sure that no accident involving nuclear material or radioactive emissions on or from your site causes injury, damage to other people's property or serious environmental harm, and you must stop any situation that could soon lead to such an accident. In practice this means having robust safety, monitoring and emergency systems in place and continuously managing the risks.
Prevent nuclear incidents that cause injury, damage or environmental harm
If your company operates a nuclear installation abroad, you must make sure that any incident involving nuclear material that would be regulated in the UK never causes personal injury, damage to third‑party property or serious environmental damage. This applies whether the incident occurs in the UK or abroad but involves UK‑regulated nuclear matter, and you must also stop any situation that could quickly lead to such a breach.
Notifications 1
Notify the Secretary of State of nuclear‑related legal proceedings
If your business starts a court case in the UK – or a claim is made in a case you’re involved in – that alleges a breach of nuclear installation duties (or related international agreements), you must promptly tell the Secretary of State and send them the relevant court documents. The notification must be made at the same time you bring the proceedings or when the claim arises.
Payments and fees 1
Repay HSE ONR expenses linked to nuclear licence applications
If your business applies for a nuclear site licence – or already holds one – the Office for Nuclear Regulation can ask you to repay the costs it has incurred in processing your application or running the licence. You must pay any amount the regulator demands, and you may also be asked to make advance payments on account of any future liability.
Offences and prohibitions 6
Breach a nuclear site licence condition
2 years imprisonmentIf you (or anyone with duties on the site) break a condition that has been attached to a nuclear site licence, you commit a criminal offence. On conviction you can be sentenced to up to 2 years imprisonment and face an unlimited fine; for summary (magistrates’) cases the custodial limits vary by region (up to 6 months in England & Wales, up to 12 months in Scotland, up to 3 months in Northern Ireland).
Breach nuclear licence directions
2 years imprisonmentIf your company holds a nuclear site licence and the ONR or a nuclear safety inspector issues a direction to prevent injury or damage from ionising radiation, or to keep warning notices displayed, you must obey it. Failing to follow such a direction is a criminal offence. On conviction you could be sentenced to up to two years in prison and face an unlimited fine. The case can be tried either in a magistrates' court or in the Crown Court.
Company and officer liability for nuclear offences
Unlimited fineIf your nuclear site company commits an offence under sections 2(2) or 19(5) of the Nuclear Installations Act, the company and any director, manager, secretary or similar officer who consented, connived or was negligent will also be guilty of that offence. The company can be prosecuted and punished in the same way as the individual, and on conviction the court may impose an unlimited fine. Proceedings for those offences can only be started by the Minister or the Director of Public Prosecutions.
Fail to provide required guarantee document for nuclear carriage
Fine up to £1,000If you arrange the carriage of nuclear material and do not give the carrier a guarantee document – containing prescribed details about the party responsible, the material and the funds available – before the transport starts, you commit an offence. The same applies to the carrier if they knew the material was nuclear and should have ensured the document was provided. On conviction in the Magistrates’ Court you face a fine of up to £1,000.
Fail to provide required nuclear liability cover
2 years imprisonmentIf you hold a nuclear site licence (or operate a relevant disposal site) and do not maintain the approved insurance or other financial provision covering potential nuclear liability, you commit an offence. Conviction can lead to a fine of up to £500 and/or up to two years’ imprisonment (or a £100 fine and up to three months’ imprisonment on summary conviction).
Fail to report a dangerous nuclear occurrence
2 years imprisonmentIf your company holds a nuclear installation licence or is responsible for transporting nuclear material and a prescribed dangerous incident happens, you must report it immediately in the way prescribed by the regulator. Failure to make that report is a criminal offence. On conviction you face up to two years’ imprisonment and an unlimited fine (or a capped fine in Scotland and Northern Ireland).
Reporting and filing 1
Report nuclear liability claims and submit annual claim statements
If you run a licensed nuclear site or disposal site, you must immediately write to the Secretary of State (or Scottish Ministers) when liability claims reach the “notice level” (60% of the required amount) and you cannot settle any of those claims without the authority’s approval. In addition, each year by 31 January you must send a summary of all claims for any cover period that has ended, showing totals received, established and paid.
Penalties for non-compliance
8 penalties under this legislation. 4 can result in imprisonment. 6 carry an unlimited fine.
Breach a nuclear site licence condition
Unlimited fine and/or 2 years imprisonment
Breach nuclear licence directions
Unlimited fine and/or 2 years imprisonment
Fail to report a dangerous nuclear occurrence
Unlimited fine and/or 2 years imprisonment
Fail to provide required nuclear liability cover
Fine up to £500 and/or 2 years imprisonment
Prevent injury or damage when transporting nuclear matter
Unlimited fine
Prevent nuclear accidents and radiation incidents on your licensed site
Unlimited fine
Company and officer liability for nuclear offences
Unlimited fine
Fail to provide required guarantee document for nuclear carriage
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
59 classified provisions from this legislation.
Duties 12
- Schedule 1 Security Provisions Applicable by Order under S.2 site
- s.6 Maintenance of list of licensed sites and relevant disposal sites
- s.7 Duty of licensee of licensed site.
- s.8 Duty of Authority.
- s.9 Duty of Crown in respect of certain sites.
- s.10 Duty of certain foreign operators.
- s.11 Duty of persons causing nuclear matter to be carried. persons causing nuclear matter
- s.13A Damage to property and measures of reinstatement
- s.17A Notice to the Secretary of State of proceedings
- s.20 Furnishing of information relating to licensee’s or operator’s cover. the licensee
- s.20B Statement on arrangements
- s.24A Recovery of expenses by Health and Safety Executive ONR expenses
Offences and penalties 6
- s.4 Attachment of conditions to licences
- s.5 Revocation and surrender of licences
- s.19 Cover for licensee’s or operator’s liability.
- s.21 Supplementary provisions with respect to cover for compensation in respect of carriage.
- s.22 Reporting of and inquiries into dangerous occurrences
- s.25 Offences—general.
Powers 13
- Schedule 2 Inquiries under section 22(10) relating to occurrences in Northern Ireland
- s.11B Approval of measures of reinstatement
- s.11C Representations
- s.11G Loss of income derived from the environment
- s.16 Satisfaction of claims by virtue of ss. 7 to 10.
- s.17B Right of the Secretary of State to intervene
- s.17E Powers of Secretary of State in relation to foreign claims
- s.20A Power to make arrangements with respect to licensee’s or operator’s cover
- s.23 Registration in connection with certain occurrences and events.
- s.24 —
- s.25A Orders.
- s.28 Channel Islands. Isle of Man, etc.
- Schedule 1A Measures of reinstatement outside the United Kingdom
Definitions 15
- s.7D Excluded disposal sites: acceptance of disqualifying matter The notification period The removal period disqualifying matter
- s.7A Occurrences not on a licensed site
- s.7C Excluded disposal sites disqualifying matter 2016 Decision appropriate permit
- s.7B Duties in respect of relevant disposal sites appropriate permit
- s.11A Cost of measures of reinstatement holder of a public office local authority public authority
- s.16AA Section 16: CSC-related definitions CSC territory the CSC
- s.16C Jurisdiction of courts in the United Kingdom
- s.16A Section 16: supplementary
- s.16B Section 16: phasing of increases in liability The appropriate day
- s.17D Proceedings conducted by foreign governments
- s.17 Jurisdiction, shared liability and foreign judgments. appropriate authority
- s.25C Special drawing rights special drawing rights
- s.26 Interpretation. the Act of 1959 the appropriate environment authority the appropriate national authority
- s.27 Northern Ireland.
- s.29 Repeals and savings.