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The Ionising Radiations Regulations (Northern Ireland) 2017

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Consent to carry out specified practicesF1F2F3F4F5N.I.

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7.—(1) In this regulation a “specified practice” means any of the following practices—

(a)the deliberate administration of radioactive substances to persons and, in so far as the radiation protection of persons is concerned, animals for the purpose of medical or veterinary diagnosis, treatment or research;

(b)the exploitation and closure of uranium mines;

(c)the deliberate addition of radioactive substances in the production or manufacture of consumer products or other products, including medicinal products;

(d)the operation of an accelerator (except when operated as part of a practice within sub-paragraph (e) or (f) below and except an electron microscope);

(e)industrial radiography;

(f)industrial irradiation;

(g)any practice involving a high-activity sealed source (other than one within sub-paragraph (e) or (f) above);

(h)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) but not any such facility situated on a site licensed under section 1 of the Nuclear Installations Act 1965;

(i)practices discharging significant amounts of radioactive material with airborne or liquid effluent into the environment.

(2) Subject to paragraph 5 of Schedule 8 (which relates to transitional provisions), an employer shall not carry out a specified practice unless that employer has applied for, and has been granted, a consent to carry out the practice by the Executive.

(3) An employer applying for a consent under paragraph (2) shall provide—

(a)such of the information set out in Schedule 2 as the Executive may specify from time to time as necessary to determine an application for consent; 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 application for consent.

(4) A consent granted under paragraph (2) may be granted subject to conditions (which may include a limit of time) and may be revoked in writing at any time.

(5) Where an employer has been granted consent under this regulation to carry out a practice 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 application for consent, the employer shall immediately notify the Executive of that cessation or material change.

(6) An employer who is aggrieved by—

(a)a decision of the Executive refusing to grant a consent under paragraph (2) or revoking a consent under paragraph (4); or

(b)the terms of any conditions attached to a consent under paragraph (4),

may appeal to the Department.

(7) Chapter I of the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 shall apply to any appeal made under paragraph (6).

F1Formerly 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

F2See Article 2(2) of S.I. 1978/1039 (N.I. 9)

F3S.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

F5Article 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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