43.Subsections (1) and (2) ensure that persons designated as IAEA inspectors under the new procedure in Article 11 of the Additional Protocol, like those designated under the original procedure in the Safeguards Agreement of 1976, can exercise in respect of premises and sites covered by the Atomic Energy Authority Act 1954 and the Nuclear Installations Act 1965 the powers of entry in the Act and in the 1978 Act implementing the Safeguards Agreement.
44.Subsection (3) provides for amendments to the 1978 Act implementing the Safeguards Agreement. Paragraph (a) allows functions under the 1978 Act to be carried out by IAEA inspectors designated under Article 11 of the Additional Protocol, as well as those designated under the Safeguards Agreement. Paragraph (b) brings the maximum penalties for breach of the 1978 Act into line with those under this Act. Paragraph (c) enables the Secretary of State to certify conclusively any facts relevant to whether a person was an IAEA inspector while purporting to exercise powers under the 1978 Act, if that is ever in doubt in court proceedings.
Commentary on Sections Section 11: Minor and consequential amendments