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Part VIIDuties of Employees and Miscellaneous

Transitional provisions

39.—(1) Where on or before 5th March 2001 an employer commences for the first time work which is required to be notified under regulation 6(2), it shall be sufficient compliance with that regulation if the employer notifies the Executive and notifies the required particulars before 5th February 2001.

(2) A contingency plan made pursuant to the requirements of regulation 27 of the Ionising Radiations Regulations (Northern Ireland) 1985(1) and which complied with that regulation immediately before the coming into operation of these Regulations shall, for the purposes of regulation 12 of these Regulations, be treated as if made pursuant to paragraph (1) of that regulation.

(3) A certificate of approval granted by the Executive in respect of an approved dosimetry service under regulation 15 of the Ionising Radiations Regulations (Northern Ireland) 1985 and which is valid immediately before the date of the coming into operation of these Regulations, shall continue in operation and shall be treated as if it had been granted under regulation 35 of these Regulations.

(4) A radiation passbook approved for the purposes of the Ionising Radiations (Outside Workers) Regulations (Northern Ireland) 1993(2) and issued prior to 30h April 2001 in respect of an outside worker employed by an employer in Northern Ireland and which was at that date valid shall remain valid for such time as the worker to whom the passbook relates continues to be employed by the same employer.

(5) A doctor appointed in writing by the Executive prior to the coming into operation of these Regulations for the purposes of the Ionising Radiations Regulations (Northern Ireland) 1985 shall, until such time as the period specified in the appointment expires or the appointment is revoked, be deemed to have been appointed for the purposes of these Regulations.

(6) Until 31st December 2004, a person who had before the coming into operation of these Regulations been appointed by an employer as a radiation protection adviser for the purposes of the Ionising Radiations Regulations (Northern Ireland) 1985 shall be deemed to meet the criteria of competence specified by the Executive for such advisers under these Regulations.

(7) A health record which was created prior to the coming into operation of these Regulations pursuant to a requirement of the Ionising Radiations Regulations (Northern Ireland) 1985 shall remain valid for a period of 12 months from the date of the last entry made in it or for such shorter period as may have been specified in that record for the validity of the last entry by an appointed doctor or employment medical adviser under those Regulations, and such record shall for that period be deemed to have been kept for the purposes of regulation 24(3) of these Regulations.

(8) A certificate of exemption issued by the Executive pursuant to paragraph (6) of regulation 27 of the Ionising Radiations Regulations (Northern Ireland) 1985 and which is valid at the coming into operation of these Regulations shall continue in operation until such time as it is revoked by the Executive, save that the exemption from the requirements of regulation 7 of the said 1985 regulations shall be deemed to be an exemption from the requirements of regulation 11 of these Regulations.

(9) Where the Executive has reasonable cause to believe that the dose received by an employee was much greater or much less than that shown in his dose record (such record having been made and maintained in accordance with regulation 13 of the Ionising Radiations Regulations (Northern Ireland) 1985) the Executive may, until 30th April 2001, approve a special entry into the dose record and in such a case the employer shall arrange for the appropriate approved dosimetry service to enter the special entry in that dose record and shall give a copy of the amended dose record to the employee to whom it relates.