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National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)

Chapter 7 : General

55. Legal succession to Council for Nuclear Safety

 

(1) The Regulator is substituted for the Council for Nuclear Safety in any contract or agreement entered into by the latter before the specified date, if the contract or agreement—
(a) relates to any matter which, on the specified date, falls within the Regulator’s competence in terms of this Act; and
(b) has not yet expired or any obligation thereunder has not been fulfilled, whichever is applicable.

 

(2) From the specified date, the Regulator—
(a) is responsible for all projects and work which had been commenced by the Council for Nuclear Safety before that date in terms of the previous Act—
(i) with regard to matters which, on the specified date, fall within the Regulator’s functions in terms of this Act; and
(ii) which, on the specified date, have not been completed; and
(b) is competent to continue with any project and work and to carry out those projects and that work or to have them carried out subject to—
(i) the provisions of this Act; and
(ii) any contract or agreement, contemplated in subsection (1), relating to the execution of the projects or the performance of the work by the other contracting party.

 

(3)
(a) The Regulator is substituted for the Council for Nuclear Safety as a party in any legal proceedings instituted by or against the Council for Nuclear Safety before the specified date and still pending on that date, where the legal proceedings are founded on a cause of action relating to or arising from the exercise or performance of any power or duty of the Council for Nuclear Safety in terms of or purportedly in terms of the previous Act or from its business or operations thereunder, if, on the specified date, the Regulator would have been competent in terms of this Act, to exercise or perform such a power or duty or to conduct any business or operations of a nature substantially the same as those relevant in the proceedings.
(b) Any legal proceedings founded on a cause of action which arose before the specified date, which relates to or arises from the exercise or performance of any power or duty of the Council for Nuclear Safety in terms of the previous Act or from its business and operations thereunder and which is brought after the specified date, must be instituted by or against the Regulator if, on the specified date, the Regulator would have been competent, in terms of this Act, to exercise or perform such a power or duty or to conduct any business or operation of a nature substantially the same as those relevant in the proceedings.

 

(4)
(a) The State, as represented by the Minister, is substituted for the Council for Nuclear Safety in—
(i) any contract or agreement entered into by the Council for Nuclear Safety before the specified date and still pending on that date, in any case where subsection (1) does not apply; and
(ii) any legal proceedings instituted by or against the Council for Nuclear Safety before the specified date and still pending on that date, where the legal proceedings are founded on a cause of action relating to or arising from the exercise or performance of any power or duty or the conducting of any business or operations of the Council for Nuclear Safety, in any case where subsection (3)(a) does not apply;
(b) Any legal proceedings founded on such a cause of action that arose before the specified date and which are brought after the specified date, must be instituted by or against the State, as represented by the Minister, in any case where subsection (3)(b) does not apply.
(c)
(i) The Minister is responsible, from the specified date, for all projects and work commenced by the Council for Nuclear Safety before the specified date but not yet completed by that date, in any case where subsection (2)(a) does not apply.
(ii) The Minister is competent to continue with and carry out those projects and that work, subject to the provisions of this Act and any agreement referred to in subsection (2)(b).