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Nuclear Installations Act 1965

Nuclear Installations Act 1965 s 11E

s 11E Measures of reinstatement in the United Kingdom: claims under relevant foreign law

(1) This section applies if approval on the part of the United Kingdom is required by any relevant foreign law in connection with a claim under that law corresponding to such claim as may be made under paragraph 1 of Schedule 1A. (2) Sections 11B to 11D are to apply in relation to such a claim under the relevant foreign law as they apply in relation to a claim under section 11A(1). (3) Where sections 11B to 11D apply by virtue of subsection (2)— (a) references to a public authority are to be treated as including references to a person who is entitled, in the particular case, to take or arrange for the taking of such measures as give rise to a claim under the relevant foreign law for compensation, (b) references to a breach of a duty under section 7, 7B, 8, 9 or 10 are to be treated as references to the corresponding occasion of compensation under the relevant foreign law, (c) section 11B(6) is to be treated as requiring the Secretary of State to approve a measure of reinstatement only if satisfied that— (i) the measure is such that the costs of taking the measure may be claimed under the relevant foreign law made for purposes corresponding to section 11A, if liability is established under the relevant foreign law, and (ii) the person applying for approval is entitled to take or arrange for the taking of the measure, (d) references to the appropriate court are to be treated as references to the High Court of Justice, and (e) section 11B(7) is not to have effect if the person applying for approval is not a public authority.

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