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The Ionising Radiations Regulations (Northern Ireland) 2017

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Notification of certain occurrencesF2F3F4F5F6N.I.

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31.—(1) An employer shall immediately notify the Executive in any case where a quantity of a radioactive substance which was under its control and which exceeds the quantity specified for that substance in column 5 of Part I of Schedule 7—

(a)has been released or is likely to have been released into the atmosphere as a gas, aerosol or dust; or

(b)has been spilled or otherwise released in such a manner as to give rise to significant contamination.

(2) Paragraph (1) shall not apply where such release—

(a)was in accordance with a registration under section 10 of the Radioactive Substances Act 1993 F1 or which was exempt from such registration by virtue of section 11 of that Act; or

(b)was in a manner specified in an authorisation to dispose of radioactive waste under section 13 of that Act or which was exempt from such authorisation by virtue of section 15 of that Act.

(3) Where an employer has reasonable cause to believe that a quantity of radioactive substance which exceeds the quantity for that substance specified in column 6 of Part I of Schedule 7 and which was under its control is lost or has been stolen, the employer shall immediately notify the Executive of that loss or theft, as the case may be.

(4) Where an employer suspects or has been informed that an occurrence notifiable under this regulation may have occurred, it shall make an immediate investigation and, unless that investigation shows that no such occurrence has occurred, it shall immediately make a notification under the relevant paragraph of this regulation.

(5) An employer who makes any investigation in accordance with paragraph (4) shall make a report of that investigation and shall, unless the investigation showed that no such occurrence occurred, keep that report or a copy of the report for at least 30 years from the date on which it was made or, in any other case, for at least 2 years from the date on which it was made.

F11993 c.12; section 10 was amended by paragraphs 200 and 2004 of Schedule 22 to the Environment Act 1995 (c. 25). Relevant amendments were also made by S.I. 2005/2686 and S.S.I. 2011/207

F2Formerly the Department of Enterprise, Trade and Investment; see 2016 c.5, section 1(3); that Department was formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3

F3See Article 2(2) of S.I. 1978/1039 (N.I. 9)

F4S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19

F6Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

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