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Registration relating to use of radioactive material and mobile radioactive apparatusU.K.

6 Prohibition of use of radioactive material without registration.U.K.

[F1No person shall, on any premises which are used for the purposes of an undertaking carried on by him, keep or use, or cause or permit to be kept or used, radioactive material of any description, knowing or having reasonable grounds for believing it to be radioactive material, unless either—

(a)he is registered under section 7 in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

(b)he is exempted from registration under that section in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

(c)the radioactive material in question consists of mobile radioactive apparatus in respect of which a person is registered under section 10 or is exempted from registration under that section.]

Textual Amendments

7 Registration of users of radioactive material.E+W+S

[F2(1)Any application for registration under this section shall be made to the [F3appropriate Agency] and shall—

(a)specify the particulars mentioned in subsection (2),

(b)contain such other information as may be prescribed, and

(c)be accompanied by the [F4charge prescribed for the porpose by a charging scheme under section 41 of the Envirionment Act 1995].

(2)The particulars referred to in subsection (1)(a) are—

(a)the premises to which the application relates,

(b)the undertaking for the purposes of which those premises are used,

(c)the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

(d)the manner (if any) in which radioactive material is proposed to be used on the premises.

(3)On any application being made under this section, the [F3appropriate Agency] shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

(4)Subject to the following provisions of this section, where an application is made to the [F3appropriate Agency] for registration under this section in respect of any premises, the [F3appropriate Agency] may either—

(a)register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

(b)if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c)refuse the application.

(5)An application for registration under this section which is duly made to the [F3appropriate Agency] may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(6)Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the [F3appropriate Agency] thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

(a)conditions imposing requirements (including, if the [F3appropriate Agency] thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

(b)conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the [F3appropriate Agency] with information as to the removal of radioactive material from those premises to any other premises, and

(c)conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

(i)indicating that it is radioactive material, or

(ii)if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

(7)In the exercise of any power conferred on [F5it] by subsection (4) or (6), the [F3appropriate Agency]F6..., shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

[F7(7A)Subsection (7) does not apply—

(a)in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

(b)in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).]

(8)On registering a person under this section in respect of any premises, the [F3 appropriate Agency] —

[F8(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.]

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F3Words in s. 7 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4Words in s. 7(1)(c) substituted (E.W.S.) (1.4.1996) by 1995 c.25, s. 120(1), Sch. 22 para. 202(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words in s. 7(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 202(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

7 Registration of users of radioactive material.N.I.

(1)Any application for registration under this section shall be made to the chief inspector and shall—

(a)specify the particulars mentioned in subsection (2),

(b)contain such other information as may be prescribed, and

(c)be accompanied by the prescribed fee.

(2)The particulars referred to in subsection (1)(a) are—

(a)the premises to which the application relates,

(b)the undertaking for the purposes of which those premises are used,

(c)the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

(d)the manner (if any) in which radioactive material is proposed to be used on the premises.

(3)On any application being made under this section, the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

(4)Subject to the following provisions of this section, where an application is made to the chief inspector for registration under this section in respect of any premises, the chief inspector may either—

(a)register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

(b)if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c)refuse the application.

(5)An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(6)Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the chief inspector thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

(a)conditions imposing requirements (including, if the chief inspector thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

(b)conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the chief inspector with information as to the removal of radioactive material from those premises to any other premises, and

(c)conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

(i)indicating that it is radioactive material, or

(ii)if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

(7)In the exercise of any power conferred on him by subsection (4) or (6), the chief inspectorF6..., shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

[F7(7A)Subsection (7) does not apply—

(a)in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

(b)in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).]

(8)On registering a person under this section in respect of any premises, the chief inspector—

[F8(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

8[F9 Exemptions from registration under s. 7.][F9Exemptions from requirement for environmental permit]E+W+S

(1)[F10At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.]

(2)[F11Where, in the case of any such premises as are mentioned in subsection (1), it appears to the [F12appropriate Agency] that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the [F12appropriate Agency] would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the [F12appropriate Agency] may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the [F12appropriate Agency] correspond to those which [F13it] would so have imposed) as may be specified in the direction.]

(3)[F14On giving a direction under subsection (2) in respect of any premises, the [F12 appropriate Agency] shall furnish the licensee with a copy of the direction.]

(4)Except as provided by subsection (5), in respect of all premises all persons are exempted from [F15registration under section 7] [F15the requirement for an environmental permit] in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

(5)Subsection (4) does not exempt from [F16registration under section 7] [F16the requirement for an environmental permit] any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

(6)The Secretary of State may by order grant further exemptions from [F17registration under section 7] [F17the requirement for an environmental permit], by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

(7)Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

(8)[F18In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.]

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F12Words in s. 8 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F13Word in s. 8(2) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 203 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

8 Exemptions from registration under s. 7.N.I.

(1)At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.

(2)Where, in the case of any such premises as are mentioned in subsection (1), it appears to the chief inspector that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the chief inspector would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the chief inspector may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the chief inspector correspond to those which he would so have imposed) as may be specified in the direction.

(3)On giving a direction under subsection (2) in respect of any premises, the chief inspector shall furnish the licensee with a copy of the direction.

(4)Except as provided by subsection (5), in respect of all premises all persons are exempted from registration under section 7 in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

(5)Subsection (4) does not exempt from registration under section 7 any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

(6)The Secretary of State may by order grant further exemptions from registration under section 7, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

(7)Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

(8)In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

9 Prohibition of use of mobile radioactive apparatus without registration.U.K.

[F19(1)No person shall, for the purpose of any activities to which this section applies—

(a)keep, use, lend or let on hire mobile radioactive apparatus of any description, or

(b)cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire,

unless he is registered under section 10 in respect of that apparatus or is exempted from registration under that section in respect of mobile radioactive apparatus of that description.

(2)This section applies to activities involving the use of the apparatus concerned for—

(a)testing, measuring or otherwise investigating any of the characteristics of substances or articles,or

(b)releasing quantities of radioactive material into the environment or introducing such material into organisms.]

Textual Amendments

10 Registration of mobile radioactive apparatus.N.I.

(1)Any application for registration under this section shall be made to the chief inspector and—

(a)shall specify—

(i)the apparatus to which the application relates, and

(ii)the manner in which it is proposed to use the apparatus,

(b)shall contain such other information as may be prescribed, and

(c)shall be accompanied by the prescribed fee.

(2)Where an application is made to the chief inspector for registration under this section in respect of any apparatus, the chief inspector may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the chief inspector thinks fit, or may refuse the application.

(3)On any application being made the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

(4)An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(5)On registering a person under this section in respect of any mobile radioactive apparatus, the chief inspector—

[F20(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

10 Registration of mobile radioactive apparatus.E+W+S

[F27(1)Any application for registration under this section shall be made to the [F28appropriate Agency] and—

(a)shall specify—

(i)the apparatus to which the application relates, and

(ii)the manner in which it is proposed to use the apparatus,

(b)shall contain such other information as may be prescribed, and

(c)shall be accompanied by the [F29charge prescribed for the purpose by a charging scheme under section 41 of the Enviroment Act 1995].

(2)Where an application is made to the [F28appropriate Agency] for registration under this section in respect of any apparatus, the [F28appropriate Agency] may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the [F28appropriate Agency] thinks fit, or may refuse the application.

(3)On any application being made the [F28appropriate Agency] shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to [F30the appropriate Agency] the apparatus will be kept or will be used for releasing radioactive material into the environment.

(4)An application for registration under this section which is duly made to the [F28appropriate Agency] may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(5)On registering a person under this section in respect of any mobile radioactive apparatus, the [F28appropriate Agency]—

[F20(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to [F30the appropriate Agency] the apparatus will be kept or will be used for releasing radioactive material into the environment.]

Extent Information

E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F28Words in s. 10 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s.120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F29Words in s. 10(1)(c) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 204(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F30Words in s. 10(3)(5)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 204(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

11 [F21Exemptions from registration under s. 10.][F21Exemptions from requirement for environmental permit for mobile radioactive apparatus]U.K.

(1)The Secretary of State may by order grant exemptions from [F22registration under section 10] [F22the requirement for an environmental permit] , by reference to such classes of persons, and such descriptions of mobile radioactive apparatus, as may be specified in the order.

(2)Any exemption granted by an order under subsection (1) may be granted subject to such limitations or conditions as may be specified in the order.

(3)[F23In the application of this section to Northern Ireland, the reference to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.]

Textual Amendments

12 Cancellation and variation of registration.E+W+S

[F24(1)Where any person is for the time being registered under section 7 or 10, the [F25appropriate Agency] may at any time cancel the registration, or may vary it—

(a)where the registration has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b)where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the registration.

[F26(1A)The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.]

(2)On cancelling or varying a registration by virtue of this section, the [F25appropriate Agency] shall—

(a)give notice of the cancellation or variation to the person to whom the registration relates, and

(b)if a copy of the certificate was sent to a local authority in accordance with section 7(8) or 10(5), send a copy of the notice to that local authority.]

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F25Words in s. 12 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

12 Cancellation and variation of registration.N.I.

(1)Where any person is for the time being registered under section 7 or 10, the chief inspector may at any time cancel the registration, or may vary it—

(a)where the registration has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b)where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the registration.

[F26(1A)The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.]

(2)On cancelling or varying a registration by virtue of this section, the chief inspector shall—

(a)give notice of the cancellation or variation to the person to whom the registration relates, and

(b)if a copy of the certificate was sent to a local authority in accordance with section 7(8) or 10(5), send a copy of the notice to that local authority.

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments