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The Ionising Radiations Regulations (Northern Ireland) 2017

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Registration of certain practicesF2F3F4F5F6N.I.

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6.—(1) For the purposes of this regulation, all practices are registrable practices except those listed in paragraph (2).

(2) The following practices are not registrable practices—

(a)a practice solely involving work with ionising radiation to which Schedule 1 applies;

(b)a specified practice (within the meaning of regulation 7(1));

(c)the operation or decommissioning of any nuclear installation;

(d)the operation, decommissioning or closure of any facility for the long term storage or disposal of radioactive waste (including facilities managing radioactive waste for this purpose) where such facility is situated on a site licensed under section 1 of the Nuclear Installations Act 1965;

(e)any practice involving radioactive material where the amount of the radioactive material does not exceed 1,000kg and the activity concentration value of the radioactive substance in that material does not exceed the value specified in column 4 of Part 1 of Schedule 7 (for artificial radionuclides and naturally occurring radionuclides which are processed for their radioactive, fissile or fertile properties) or column 4 of Part 2 of Schedule 7 (for naturally occurring radionuclides which are not processed for their radioactive, fissile or fertile properties);

(f)any practice involving radioactive material where the amount of the radioactive material exceeds 1,000kg and the activity concentration value of the radioactive substance in that material does not exceed the value in column 2 of Part 1 of Schedule 7 (for artificial radionuclides and naturally occurring radionuclides which are processed for their radioactive, fissile or fertile properties) or column 2 of Part 2 of Schedule 7 (for naturally occurring radionuclides which are not processed for their radioactive, fissile or fertile properties).

(3) Subject to paragraph 4 of Schedule 8 (which relates to transitional provisions), an employer shall not carry out a registrable practice unless that employer has applied for, and has been issued with, a registration in connection with the practice by the Executive.

(4) An employer applying for a registration under paragraph (3) must provide—

(a)such information regarding the practice as is required by the registration procedure approved by the Executive from time to time; and

(b)upon notice in writing by the Executive, such other information relating to the practice as the Executive may reasonably require in connection with the registration.

(5) A registration under paragraph (3) may be issued subject to conditions (which may include a limit of time) and may be revoked in writing at any time.

(6) Where an employer has registered a practice in accordance with this regulation and subsequently ceases to carry out that practice, or makes a material change to the practice which would affect the particulars provided to the Executive in connection with the registration, the employer shall immediately notify the Executive of that cessation or material change.

(7) An employer who is aggrieved by—

(a)a decision of the Executive refusing to issue a registration under paragraph (3) or revoking a registration under paragraph (5); or

(b)the terms of any conditions attached to a registration under paragraph (5),

may appeal to the Department.

(8) Chapter I of the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 F1 shall apply to any appeal made under paragraph (7).

(9) In this regulation “nuclear installation” has the meaning given by regulation 26(1) of the Nuclear Installations Act 1965.

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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