Nuclear Liability In The UK: Implementation Of The 2004 Protocols

On May 4, 2016, the Nuclear Installations (Liability for Damage) Order 2016 (the "2016 Order") entered into force in the United Kingdom. The 2016 Order, which implements the 2004 Protocols²⁷  to the Paris Convention²⁸ and Brussels Supplementary Convention²⁹  (together, the "Paris/Brussels Conventions") into English law, revises the UK's existing nuclear liability regime to ensure that, in the event of a nuclear incident, higher levels of compensation will be available to a wider group of victims and for broader categories of damage. This article explains the background to the 2016 Order, sets out its primary provisions and discusses its impact on the UK's nuclear liability regime. It also considers additional and ongoing concerns with respect to the risk of exposure to nuclear liability from the perspective of nuclear licensees, their contractors and financial institutions doing business in the UK's nuclear sector.