§ Lord Hodgson of Astley Abbotts
asked Her Majesty's Government:
Whether the definition of "responsible person" in the Nuclear Industries Security Regulations 2003 (S.I. 2003/403) could include a person who is not a director of the company involved. [HL2782]
§ Lord Sainsbury of Turville:
Regulation 2(2) and 2(3) define who is "the responsible person" in relation to any nuclear premises which is defined in Regulation 2(1) to cover three types of premises. Who is the responsible person depends on the type of premises.
The responsible person in relation to the first type of "nuclear premises" (namely a licensed nuclear site on which nuclear material or other radioactive material is used or stored) is the holder of the nuclear site licence. Under the Nuclear Installation Act 1965 such a licence can only be granted to a body corporate. Therefore, the responsible person will be a body corporate (and not a company director).118WA
The responsible person in relation to the second and third types of "nuclear premises" is the person using or storing the material in question on the premises—that is the person on whose behalf the material is used or stored, and not that person's employees, officers or contractors. Therefore, if a company is using or storing the material, the company (and not its directors) will be the responsible person.