Changes to UK nuclear liability regime
With the return of nuclear new build in the UK, the potential to be liable for nuclear damage will be of vital importance to all parties in the nuclear supply chain as well as investors and funders of new nuclear projects, writes Darren Walsh.
The Nuclear Installations (Liability For Damage) Order 2016 (2016 Order) was made on 4 May 2016 and is expected to become law early this year. In two protocols dated 12 February 2004, the contracting parties to the Paris Convention and Brussels Convention agreed a number of significant changes to the regime on nuclear third party liability. The 2016 Order implements the protocols from 2004 in the UK. In the event of a nuclear incident an increased amount of compensation will be available, in respect of a broader range of damage, to a wider category of claimants.
As a number of the new nuclear reactors in the UK will be built adjacent to existing nuclear licensed sites, the 2016 Order seeks to clarify the interaction of potential liability between new build nuclear sites and legacy nuclear sites.