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The Radioactive Contaminated Land (Scotland) Regulations 2007

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Section 78A

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3.  In section 78A of the 1990 Act (preliminary)–

(a)in subsection (3), in paragraph (a), after “section” insert “78BC(4),”;

(b)for subsection (4) substitute–

(4) Subject to subsection (4A) below, “harm” means lasting exposure to any person resulting from the after-effects of a radiological emergency, past practice or past work activity.;(1)

(c)after subsection (7) insert–

(7A) For the purpose of paragraph (b) of subsection (7) above, “the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or the water environment” shall include ensuring that–

(a)any such area is demarcated;

(b)arrangements for the monitoring of the harm or pollution are made;

(c)any appropriate intervention is implemented; and

(d)access to or use of land or the water environment or buildings situated in the demarcated area is regulated.; and

(d)in subsection (9)–

(i)before the definition of “the appropriate Agency” insert–

“the 1965 Act” means the Nuclear Installations Act 1965 (c. 57);;

(ii)for the definition of “substance” substitute–

“substance” means, whether in solid or liquid form or in the form of a gas or vapour, any substance which contains radionuclides which have resulted from the after effects of a radiological emergency or which are or have been processed as part of a work activity or past practice, but shall not include radon gas and any radionuclide present as a result of the radioactive decay of radon;; and

(iii)after the definition of “the water environment” insert–

and any other word or expression used both in this Part and in Council Directive 96/29/Euratom of 13th May 1996, laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation(2) has the same meaning for the purposes of this Part as it has in that Directive.

(1)

Subsection (4A) was inserted by SSI 2005/658.

(2)

O.J. No. L 159, 29.06.1996, p.1.

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