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Key provisions

Print edition : Dec 16, 2011 T+T-

I. The requirement under the Convention on Supplementary Compensation (CSC) in respect of the operator's right of recourse in a national law:

Article 10 of the Annex:

National law may provide that the operator shall have a right of recourse only:

(a) if this is expressly provided for by a contract in writing;

(b) if the nuclear incident results from an act of omission done with intent to cause damage, against the individual who has acted or omitted to act with such intent.

II. Provisions in the Civil Liability for Nuclear Damage Act (2010) for the operator's right of recourse:

Section 17: The operator of the nuclear installation, after paying for the compensation for nuclear damage, shall have a right of recourse where:

(a) such right is expressly provided for in a contract in writing; (b) the nuclear incident has resulted as a consequence of an act of supplier or his employee, which includes supply of equipment or material with patent or latent defects or substandard services;

(c) the nuclear incident has resulted from the act of commission or omission of an individual done with the intent to cause nuclear damage.

III. Provision in the Civil Liability for Nuclear Damage Rules (2011) for the operator's right of recourse:

Rule 24:

(1) A contract referred to in clause (a) of Section 17 of the Act shall include a provision for right of recourse for not less than the extent of the operator's liability under subsection (2) of Section 6 of the Act or the value of the contract itself, whichever is less.

(2) The provision for right of recourse referred to in sub-rule (1) shall be for the duration of the initial licence issued under the Atomic Energy (Radiation Protection) Rules (2004) or the product liability period, whichever is longer.