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The Radioactive Substances Exemption (Scotland) Order 2011

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Scottish Statutory Instruments

2011 No. 147

Atomic Energy And Radioactive Substances

The Radioactive Substances Exemption (Scotland) Order 2011

Made

21st February 2011

Laid before the Scottish Parliament

23rd February 2011

Coming into force

1st October 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 8(6) and (7), 11(1) and (2) and 15(2) of the Radioactive Substances Act 1993(1) and all other powers enabling them to do so.

PART 1General

Citation, commencement and extent

1.—(1) This Order may be cited as the Radioactive Substances Exemption (Scotland) Order 2011 and comes into force on 1st October 2011.

(2) This Order extends to Scotland only.

Interpretation

2.—(1) In this Order—

the Act” means the Radioactive Substances Act 1993;

“Ba-137m eluting source” means a source which consists of Cs-137 in a sealed container which is designed and constructed to allow the elution of Ba-137m, and which is radioactive material or radioactive waste solely because of that Cs-137;

Bq” means becquerels;

“Class A gaseous tritium light device” means such a device where the activity of the device does not exceed 2 x 1010 Bq of tritium;

“Class B gaseous tritium light device” means such a device which is installed or intended to be installed on premises and where the activity—

(a)

in each sealed container in the device does not exceed 8 x 1010 Bq of tritium; and

(b)

of the device does not exceed 1 x 1012 Bq of tritium;

“Class C gaseous tritium light device” means such a device installed or intended to be installed—

(a)

in a vessel or aircraft; or

(b)

in a vehicle or other equipment used or intended to be used by the armed forces of the Crown;

“disposal permit” means—

(a)

an authorisation under the Act to dispose of waste;

(b)

a permit under the Environmental Permitting (England and Wales) Regulations 2010(2) in relation to the radioactive substances activity described in paragraph 5(2)(b) of Part 2 of Schedule 23 to those Regulations;

“electrodeposited source” means an article where radionuclides are electrodeposited onto a metal substrate and which is radioactive material or radioactive waste solely because it contains Ni-63 or Fe-55;

“gaseous tritium light device” means a sealed source in a device which is an illuminant, instrument, sign or indicator which—

(a)

incorporates tritium in one or more sealed containers constructed to prevent dispersion of that tritium in normal use; and

(b)

is radioactive material solely because it contains that tritium;

“landfill” has the meaning given to that term in Article 2(g) of Council Directive 1999/31/EC on the landfill of waste(3);

“luminised article” means an article which is made wholly or partly from a luminescent substance in the form of a film or a paint and which—

(a)

is radioactive material or radioactive waste solely because it contains Pm-147 or H-3; and

(b)

is not a sealed source;

“recovery” has the same meaning as given to that term in Article 3(15) of Directive 2008/98/EC of the European Parliament and of the Council on waste(4);

“relevant river” means a river or a part of a river which—

(a)

is not a part of the sea; and

(b)

which at the time of any disposal into it of aqueous radioactive waste from a sewage treatment works or directly from premises, has a flow rate which is not less than 1m3s-1;

“relevant sewer” means—

(a)

a public sewer; or

(b)

a private sewer which leads to a sewage treatment works that—

(i)

has the capacity to handle a minimum of 100m3 of sewage per day; and

(ii)

discharges treated sewage only to the sea or to a relevant river,

and “sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage” have the same meanings as in the Sewerage (Scotland) Act 1968(5);

“relevant standard conditions” has the meaning given in paragraph 2 of Schedule 2;

“sea” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river;

“sealed source” means a radioactive source containing radioactive material where the structure is designed to prevent, under normal use, any dispersion of radioactive substances, excluding such a source where it is an electrodeposited source or a tritium foil source;

“stored in transit” means the storage in the course of transit of radioactive material or radioactive waste, but does not include any storage of such material or waste where it is removed from its container;

“Table 1”, “Table 2”, “Table 3”, “Table 4” or “Table 5” means the table with that number in Schedule 1;

“a tritium foil source” means an article which—

(a)

has a mechanically tough surface into which tritium is incorporated; and

(b)

is radioactive material or radioactive waste solely because of that tritium;

“uranium or thorium compound” means a substance or article which is radioactive material or radioactive waste solely because it is or contains metallic uranium or thorium or prepared compounds of uranium or thorium, and in respect of which metal or compound the proportion of—

(a)

U-235 in the uranium it contains is no more than 0.72% by mass; and

(b)

any isotope of thorium it contains is present in the isotopic proportions found in nature;

“waste permitted person” means, in respect of the radioactive waste where the term appears, a person who holds—

(a)

an authorisation under the Act to dispose of or accumulate that waste;

(b)

a permit in respect of that waste under the Environmental Permitting (England and Wales) Regulations 2010 in relation to the radioactive substances activity described in paragraph 5(2)(b) or (c) of Part 2 of Schedule 23 to those Regulations;

“week” means any period of seven consecutive days; and

“year” means a calendar year.

(2) In this Order, where any radionuclide carries the suffix “+” or “sec”—

(a)that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 5 adjacent to that parent radionuclide; and

(b)a concentration or activity value given in respect of such a parent radionuclide is the value for the parent radionuclide alone, but already takes into account the daughter radionuclides in column 2 that are present.

(3) In this Order, where any reference is made to radioactive material or radioactive waste possessing a concentration or quantity of radioactivity which does not exceed the value shown in a particular column in Table 1 or Table 4, that value is not exceeded if—

(a)where only one radionuclide which is listed or described in the relevant table is present in the material or waste, the concentration or quantity of that radionuclide does not exceed the concentration or quantity specified in the appropriate entry of that column in that table; or

(b)where more than one radionuclide which is listed or described in the relevant table is present, the sum of the quotient values of all such radionuclides in the material or waste, as determined by the summation rule following that table that applies to that column, is less than or equal to one.

(4) References in this Order to a section are to that section of the Act.

Interpretation: NORM

3.—(1) In this Order, “NORM waste” means a substance or article which is solid radioactive waste under—

(a)section 1B; or

(b)section 1C, where—

(i)the waste arises from the remediation of land; and

(ii)except where paragraph (2) applies, that land was contaminated by the process described in section 1C.

(2) Land is not contaminated under paragraph (1)(b)(ii) where the land is on a site in respect of which a nuclear site licence is or has been in force and the contamination occurred—

(a)when that licence was in force; or

(b)before that licence was granted, when the site was used for the purpose of installing or operating an installation described in subsection (1) of section 1 (restriction of certain nuclear installations to licensed sites) of the Nuclear Installations Act 1965(6) or in regulations made under that subsection.

(3) In this Order, “NORM waste concentration” means, in respect of radionuclides contained in NORM waste, the sum of the concentrations of the single radionuclide with the highest concentration in each of the natural decay chains beginning with—

(a)U-238;

(b)U-235; and

(c)Th-232.

Tables of radionuclides and descriptions of radioactive material and radioactive waste

4.—(1) Schedule 1 (tables of radionuclides and descriptions of radioactive material and radioactive waste) has effect.

(2) Schedule 2 (relevant standard conditions under Parts 2 and 3 of this Order) has effect.

PART 2Exemption from registration under section 7 and authorisation under section 14

Exemption from registration under section 7

5.—(1) A person (“A”) is exempt from registration under section 7 (registration of users of radioactive material) in respect of—

(a)subject to paragraph (2), the radioactive material described in article 7, where A complies with the relevant standard conditions, and any conditions in article 8 that apply to the material;

(b)radioactive material stored in transit.

(2) A is not exempt from registration under paragraph (1)(a) in respect of a high-activity source where A takes possession of it.

Exemption from authorisation under section 14

6.—(1) A person (“A”) is exempt from authorisation under section 14 (accumulation of radioactive waste) in respect of—

(a)subject to paragraph (2)(a), radioactive waste described in article 7—

(i)where A has received the waste for accumulation (with a view to its subsequent disposal by A) on premises on which A manages, treats or disposes of radioactive waste mixed with substantial quantities of waste which is not radioactive waste, provided that A disposes of the radioactive waste as soon as is practicable; or

(ii)except where head (i) applies, where A complies with any conditions in article 8 that apply to that waste and the relevant standard conditions;

(b)subject to paragraph (2), radioactive waste consisting of a sealed source, an electrodeposited source or a tritium foil source, which—

(i)contains a quantity of radionuclides which exceeds the value specified in column 2 of Table 2 in respect of the relevant type of source; and

(ii)immediately before it became radioactive waste, was radioactive material in the form of a sealed source, an electrodeposited source or a tritium foil source (as appropriate),

where A complies with the relevant standard conditions; or

(c)radioactive waste stored in transit.

(2) A is not exempt from authorisation—

(a)under paragraph (1)(a) or (b) in respect of a high-activity source where A accumulates it and it is waste when A takes possession of it; or

(b)under paragraph (1)(b) where A has received the waste for the purpose of A disposing of it.

Radioactive substances exempted under articles 5 and 6

7.—(1) Subject to paragraph (2), articles 5 and 6(1)(a) apply to—

(a)a substance or article described in an entry in column 1 of Table 2 which contains a quantity of radionuclides that does not exceed the value specified in column 2 of Table 2 in respect of that substance or article; or

(b)any substance or article which is not described in an entry in column 1 of Table 2.

(2) Paragraph (1) does not apply to NORM waste with a NORM waste concentration which is less than or equal to 10 Bq/g.

Conditions in respect of the total quantity or concentration of radioactive substances on any premises

8.—(1) Paragraph (2) applies to a person (“A”) to whom article 5(1)(a) or 6(1)(a) applies in respect of an article described in article 7(1)(a).

(2) A must ensure that, in respect of the total amount of such substances or articles on the premises (including any such article which is on the premises and which is mobile radioactive apparatus), the quantity of radionuclides does not exceed the value for that substance or article in column 3 of Table 2.

(3) Paragraph (4) applies to a person (“B”) to whom article 5(1)(a) or 6(1)(a) applies in respect of a substance or article described in article 7(1)(b).

(4) B must ensure that—

(a)in respect of the total amount of such substances and articles on the premises, the quantity of radioactivity does not exceed the value specified in column 2 of Table 1; or

(b)no such substance or article on the premises contains a concentration of radioactivity that exceeds the value specified in column 3 of Table 1.

Exemption from authorisation under section 14 for NORM waste

9.—(1) Subject to paragraph (2), a person (“A”) is exempt from authorisation under section 14 in respect of the accumulation on premises of NORM waste with a NORM waste concentration that does not exceed 10Bq/g where—

(a)A has received the waste—

(i)from another person under a disposal permit held by that person or under an exemption from holding such a permit that applied in respect of the transfer from that person; and

(ii)for accumulation by A with a view to its subsequent disposal on those premises by A; or

(b)except where paragraph (a) applies, A complies with the relevant standard conditions.

(2) In respect of premises in respect of which A holds an authorisation under section 14 for the accumulation of NORM waste with a NORM waste concentration which exceeds 10Bq/g, the exception in paragraph (1) does not apply to A in respect of NORM waste with a NORM waste concentration which exceeds 5 Bq/g which is accumulated on those premises.

PART 3Exemption from registration under section 10

Exemption from registration under section 10

10.  A person (“A”) is exempt from registration under section 10 (registration of mobile radioactive apparatus) in respect of—

(a)a mobile radioactive apparatus described in an entry in column 1 of Table 2 which contains a quantity of radionuclides that does not exceed the value specified in column 2 of Table 2 in respect of that apparatus, where A complies with paragraph (2);

(b)mobile radioactive apparatus stored in transit.

(2) Where this paragraph applies, A must—

(a)ensure that in relation to the total amount of all such mobile radioactive apparatus that A holds, the quantity of radionuclides does not exceed the value specified in respect of that apparatus in column 3 of Table 2; and

(b)comply with the relevant standard conditions.

PART 4Exemption from authorisation under section 13: solid radioactive waste

Exemption from authorisation under section 13: solid radioactive waste

11.—(1) A person (“A”) is exempt from authorisation under section 13 (disposal of radioactive waste) in respect of the disposal on premises of solid radioactive waste described in article 12(1)(a) where—

(a)A receives the waste for the purpose of it being disposed of by A and on those premises;

(b)in respect of those premises A manages, treats or disposes of substantial quantities of waste which is not radioactive waste; and

(c)the radioactive waste will be disposed of by A as soon as is practicable and whilst dispersed in non-radioactive waste.

(2) A person (“B”) to whom paragraph (1) does not apply is exempt from authorisation under section 13 in respect of the disposal from premises of solid radioactive waste described in article 12 where B complies with the conditions in article 13 that apply in respect of that waste.

Solid radioactive waste

12.—(1) Solid radioactive waste referred to in article 11 means—

(a)subject to paragraph (2), solid radioactive waste described in an entry in column 1 of Table 3 which does not contain a concentration of radionuclides that exceeds the value specified in column 2 of that Table in respect of that kind of waste; or

(b)a sealed source, electrodeposited source or tritium foil source which is not described in sub-paragraph (a).

(2) Paragraph (1) does not apply to waste—

(a)where, prior to the disposal of that waste, a person has diluted it with the intention of ensuring that paragraph (1)(a) is met; or

(b)which is NORM waste with a NORM waste concentration which is less than or equal to 10 Bq/g.

Conditions in respect of solid radioactive waste

13.—(1) A person to whom article 11(2) applies in respect of a waste which is—

(a)described in article 12(1)(a); and

(b)not a sealed source, an electrodeposited source or a tritium foil source,

must ensure that the quantity of the waste or, as applicable, the quantity of any radionuclide which that waste contains, does not exceed the value specified in column 3 of Table 3 in respect of the total quantity of that waste disposed of on or from the premises during the period stated in that column.

(2) A person to whom article 11(2) applies must—

(a)keep an adequate record of the solid radioactive waste which the person disposes of on or from any premises under that article;

(b)dispose of the waste by a route identified in paragraph (3);

(c)where the disposal route in paragraph (3)(a) is used, ensure that where practicable any marking or labelling of the waste or its container is removed before the person disposes of that waste;

(d)where the waste is or was a high-activity source, notify the details of the disposal to SEPA within 14 days of the disposal (including the information required by Annex II of the HASS Directive), in such form as may be required by SEPA; and

(e)allow SEPA access to such records or such premises as SEPA may request in order to determine that all of the conditions that apply in respect of that article are complied with.

(3) The routes referred to in paragraph (2)(b) are by transfer to—

(a)subject to paragraph (4), a person who disposes of substantial quantities of non-radioactive waste for burial in landfill, incineration or recovery and where the radioactive waste will be mixed with such non-radioactive waste for the purposes of such burial, incineration or recovery;

(b)a waste permitted person; or

(c)where the waste is a sealed source, an electrodeposited source or a tritium foil source, to a licensee of a nuclear site or to a person situated in another State who is lawfully entitled to receive such waste.

(4) The route in paragraph (3)(a) only applies in respect of waste described in article 12(1)(a)—

(a)which is not a sealed source, an electrodeposited source or a tritium foil source; or

(b)which is such a source, where in respect of the total amount of such sources which are disposed of on or from the premises under article 11(2), the quantity of the waste or, as applicable, the quantity of any radionuclide which that waste contains, does not exceed the value specified in column 3 of Table 3 in respect of that source during the period stated in that column.

PART 5Exemption from authorisation under section 13: aqueous radioactive waste

Exemption from authorisation under section 13: aqueous radioactive waste in Table 3

14.—(1) Subject to paragraph (2), a person (“A”) is exempt from authorisation under section 13 in respect of an aqueous radioactive waste described in an entry in column 1 of Table 3, where A complies with the conditions in paragraph (3).

(2) Paragraph (1) does not apply to waste where the person who generated that waste did not take all practicable measures available to minimise the quantity of radionuclides generated as waste.

(3) The conditions referred to in paragraph (1) are that A must—

(a)ensure that in respect of the total amount of a waste described in that paragraph that is disposed of on or from the premises under that paragraph in a year, the quantity of the waste or, as applicable, the quantity of any radionuclide which that waste contains, does not exceed the value specified in column 3 of Table 3 in respect of that waste;

(b)dispose of the waste described in that paragraph to a relevant sewer or to a waste permitted person;

(c)keep an adequate record of the waste which A disposes of from the premises under that paragraph; and

(d)allow SEPA access to such records or such premises as SEPA may request in order to determine that all of the conditions in this paragraph are complied with.

Exemption from authorisation under section 13: other aqueous radioactive waste

15.—(1) Subject to paragraph (2), a person (“A”) is exempt from authorisation under section 13 in respect of the waste described in paragraph (3) where A disposes of that waste in accordance with the conditions in article 16 that apply to A.

(2) Paragraph (1) does not apply to A in respect of premises in respect of which A holds an authorisation under section 13 in respect of aqueous radioactive waste.

(3) Subject to paragraph (4), the waste referred to in paragraph (1) is aqueous radioactive waste—

(a)which is not described in an entry in column 1 of Table 3; and

(b)with a total concentration of radioactivity which does not exceed 100 Bq/ml.

(4) Paragraph (3) does not apply to waste—

(a)where a person has diluted it with the intention that—

(i)the waste has a concentration of radioactivity which is below the value in paragraph (3)(b); or

(ii)the condition in article 16(3)(a) or 16(4)(b) is complied with in respect of that waste; or

(b)where the person who generated that waste did not take all practicable measures available to minimise the quantity of radionuclides generated as waste.

Conditions in respect of aqueous radioactive waste in article 15

16.—(1) A person (“A”) to whom article 15(1) applies must—

(a)subject to paragraph (2), dispose of the waste in respect of which that article applies—

(i)directly into a relevant river or the sea;

(ii)to a relevant sewer; or

(iii)to a waste permitted person.

(b)keep an adequate record of the waste which A disposes of from any premises under that article; and

(c)allow SEPA access to such records or such premises as SEPA may request in order to determine that all of the conditions that apply to A in respect of that article are complied with.

(2) In respect of disposals of aqueous non-Table 3 waste disposed of from the premises, A may not use both of the disposal routes described in paragraph (1)(a)(i) or (ii) in a year and where—

(a)A uses the route in paragraph (i), the conditions in paragraph (3) apply to A; or

(b)A uses the route in paragraph (ii), or A does not use the route in either paragraph (i) or paragraph (ii), the conditions in paragraph (4) apply to A.

(3) Where this paragraph applies, A must ensure that—

(a)in respect of any aqueous non-Table 3 waste which A disposes of, the concentration of radioactivity does not exceed the value shown in column 2 of Table 4; and

(b)in respect of the total amount of aqueous non-Table 3 waste which A disposes of from the premises in a year, the quantity of radioactivity does not exceed the value shown in column 4 of Table 4.

(4) Where this paragraph applies—

(a)where any of the aqueous non-Table 3 waste disposed of from the premises in a year has a concentration of radioactivity which exceeds the value shown in column 2 of Table 4, A must not, in respect of the total amount of aqueous non-Table 3 waste which is disposed of from those premises in a year, dispose of a quantity of radionuclides which exceeds—

(i)1 x 108 Bq for the sum of the following radionuclides: H-3, C-11, C-14, F-18, P-32, P-33, S-35, Ca-45, Cr-51, Fe-55, Ga-67, Sr-89, Y-90, Tc-99m, In-111, I-123, I-125, I-131, Sm-153, Tl-201; and

(ii)1 x 106 Bq for the sum of all other radionuclides;

or

(b)where all of the aqueous non-Table 3 waste disposed of from the premises in a year has a concentration of radioactivity which does not exceed the value shown in column 2 of Table 4, A must ensure that, in respect of the total amount of such waste disposed of from the premises in a year, the quantity of radioactivity does not exceed—

(i)the value shown in column 3 of Table 4; or

(ii)the quantity in sub-paragraph (a).

(5) In this article, “aqueous non-Table 3 waste” means aqueous radioactive waste which is not described in an entry in column 1 of Table 3.

PART 6Exemption from authorisation under section 13: gaseous radioactive waste

Exemption from authorisation under section 13: gaseous radioactive waste

17.—(1) Subject to paragraph (2), a person (“A”) is exempt from authorisation under section 13 in respect of—

(a)gaseous radioactive waste where the only radionuclide contained in that waste is Kr-85, where that person complies with the conditions in article 18; or

(b)subject to paragraph (3), gaseous radioactive waste—

(i)which is released from within a container at the time that the container is opened; and

(ii)that has been emitted by solid or liquid radioactive material within the container,

where that person complies with the conditions in article 18(2).

(2) Paragraph (1) does not apply to waste where the person who generated that waste did not take all practicable measures available to minimise the quantity of radionuclides generated as waste.

(3) Paragraph (1)(b) does not apply in respect of any gas which arises as a result of a process applied by a person to the contained radioactive material.

Conditions in respect of gaseous radioactive waste

18.—(1) A person to whom article 17(1)(a) applies must ensure that in respect of the total amount of waste described in that sub-paragraph which is disposed of from the premises in a year, the total quantity of radioactivity does not exceed 1011 Bq.

(2) A person to whom article 17(1) applies must—

(a)to the extent that is reasonably practicable, in respect of gaseous radioactive waste to which that article applies—

(i)which arises in a building, cause the waste to be disposed of by an extraction system which removes the waste from the area where it arose and which vents the waste into the atmosphere; and

(ii)prevent the entry or, where paragraph (i) applies, the re-entry, of the gaseous radioactive waste into a building; and

(b)allow SEPA access to such records or such premises as SEPA may request in order to determine that all of the conditions that apply to that person in respect of that article are complied with.

PART 7Exemption from authorisation under section 13: NORM waste

Exemption from authorisation under section 13 for NORM waste

19.—(1) A person (“A”) is exempt from authorisation under section 13 in respect of the disposal on premises of NORM waste with a NORM waste concentration that does not exceed 10 Bq/g where A receives the waste—

(a)from another person under a disposal permit held by that person or under an exemption from holding such a permit that applied in respect of the transfer from that person; and

(b)for the purpose of its disposal by A on those premises.

(2) A person (“B”) to whom paragraph (1) does not apply is exempt from authorisation under section 13 in respect of the disposal on or from premises of—

(a)NORM waste with a NORM waste concentration that does not exceed 5 Bq/g where—

(i)the quantity of radionuclides in the total amount of such NORM waste disposed of per year by B on or from those premises does not exceed 5 x 1010 Bq and B complies with the conditions in article 20(1); or

(ii)subject to paragraph (3), the quantity exceeds that number and B complies with the conditions in article 20 which apply to B; or

(b)subject to paragraph (3), NORM waste with a NORM waste concentration that exceeds 5 Bq/g but does not exceed 10 Bq/g where B complies with the conditions in article 20.

(3) The exemptions in paragraphs (1), (2)(a)(ii) and (2)(b) do not apply to a person in respect of premises in respect of which that person holds an authorisation under section 13 for the disposal on or from those premises of NORM waste with a NORM waste concentration which exceeds 10 Bq/g.

Conditions in respect of NORM waste

20.—(1) A person (“B”) to whom article 19(2)(a) or (b) applies must—

(a)keep an adequate record of the NORM waste which B disposes of on or from any premises under that article;

(b)where the disposal route in sub-paragraph (c)(i) or (ii) is used, ensure that where practicable any marking or labelling of the waste or its container is removed before B disposes of that waste;

(c)dispose of the NORM waste in respect of which that article applies—

(i)subject to paragraph (3) where it applies, by burial in landfill (or transfer to a person for such burial);

(ii)by incineration (or transfer to a person for such incineration), but only to the extent that—

(aa)none of the incinerated waste has a NORM waste concentration in excess of 5 Bq/g; and

(bb)the quantity of radionuclides in the total amount of NORM waste incinerated per year does not exceed 1 x 108 Bq; or

(iii)to a waste permitted person; and

(d)allow SEPA access to such records or such premises as SEPA may request in order to determine that all of the conditions that apply to B in respect of that article are complied with.

(2) Paragraph (3) applies to a person (“B”) to whom article 19(2)(a)(ii) or (b) applies where B intends to dispose of NORM waste under one of those exemptions by burial in landfill.

(3) B must—

(a)make a written radiological assessment of the reasonably foreseeable pathways for the exposure of workers and the public to radiation in respect of the disposal of that waste at the place of disposal;

(b)be satisfied that the assessment demonstrates that radiation doses are not expected to exceed—

(i)1mSv per year to workers at the place of disposal; and

(ii)300µSv per year to the public;

(c)provide that assessment to SEPA at least 28 days before the first disposal is made; and

(d)not dispose of that waste or continue to do so if SEPA objects in writing to that assessment.

PART 8Transitional Provisions

Previously exempt activity in relation to keeping or using radioactive material

21.—(1) This article applies to a person (“A”) carrying on an activity immediately before 1st October 2011 in relation to radioactive material (the “continuing activity”) where—

(a)the activity is described in section 6 (prohibition of use of radioactive material without registration); and

(b)immediately before 1st October 2011 A was exempted from the duty to hold a registration granted under section 7 (registration of users of radioactive material) in relation to that activity under one of the Orders listed in Schedule 3 to this Order.

(2) In relation to the continuing activity, the exemption described in paragraph (1)(b) continues to have effect in relation to A, subject to any conditions specified in the Order in which that exemption is contained, until the date calculated in accordance with paragraph (3).

(3) The date referred to in paragraph (2) is–

(a)where, in relation to the continuing activity, A does not become exempted under article 5 of this Order from the duty to hold a registration before 1st April 2012–

(i)where A applies for a registration under section 7 in relation to that activity before 1st April 2012—

(aa)if the application is granted, the date of grant;

(bb)if the application is refused and A appeals against the refusal under section 26 (registrations, authorisations and notices: appeals from decisions of the appropriate agency), the date on which the appeal is determined or withdrawn;

(cc)if the application is refused and A is entitled to appeal against the refusal in accordance with section 26 of the Act, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

(dd)if the application is refused and A is not entitled to appeal against the refusal in accordance with section 26, the date of the refusal; or

(ii)where A does not so apply, the earlier of–

(aa)1st April 2012; or

(bb)the day on which A ceases to carry out the activity;

(b)where A does become so exempted under that article before 1st April 2012, the day on which A first becomes so exempted.

(4) Where A—

(a)on 1st October 2011, holds a registration under section 7 in respect of an activity described in paragraph (1) to which paragraph (1)(b) does not apply; and

(b)in relation to that continuing activity, applies for a variation of that registration instead of applying for a new registration,

then paragraph (3) applies to A in relation to the calculation of the duration of the exemption, but with references in that paragraph to an application for a variation of a registration under section 12 (cancellation and variation of registrations) substituted for references to an application for registration under section 7.

(5) In this Part, “the appeals regulations” means the Radioactive Substances (Appeals) Regulations 1990(7).

Previously exempt activity in relation to mobile radioactive apparatus

22.—(1) This article applies to a person (“A”) carrying on an activity immediately before 1st October 2011 in relation to mobile radioactive apparatus (the “continuing activity”) where—

(a)the activity is described in section 9 (prohibition of use of mobile radioactive apparatus without registration); and

(b)immediately before 1st October 2011 A was exempted from the duty to hold a registration granted under section 10 (registration of mobile radioactive apparatus) in relation to that activity under one of the Orders listed in Schedule 3 to this Order.

(2) In relation to the continuing activity the exemption described in paragraph (1)(b) continues to have effect in relation to A, subject to any conditions specified in the Order in which that exemption is contained, until the date calculated in accordance with paragraph (3).

(3) The date referred to in paragraph (2) is—

(a)where, in relation to the continuing activity, A does not become exempted under article 10 of this Order from the duty to hold a registration before 1st April 2012—

(i)where A applies for a registration under section 10 in relation to that activity before 1st April 2012—

(aa)if the application is granted, the date of grant;

(bb)if the application is refused and A appeals against the refusal under section 26, the date on which the appeal is determined or withdrawn;

(cc)if the application is refused, and A is entitled to appeal against the refusal in accordance with section 26, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

(dd)if the application is refused, and A is not entitled to appeal against the refusal in accordance with section 26, the date of the refusal; or

(ii)where A does not so apply, the earlier of—

(aa)1st April 2012; or

(bb)the day on which A ceases to carry out the activity;

(b)where A does become so exempted under that article before 1st April 2012, the day on which A first becomes so exempted.

(4) Where A—

(a)on 1st October 2011, holds a registration under section 10 in respect of an activity described in paragraph (1) to which paragraph (1)(b) does not apply; and

(b)in relation to that continuing activity, applies for a variation of that registration instead of applying for a new registration,

then paragraph (3) applies to A in relation to the calculation of the duration of the exemption, but with references in that paragraph to an application for a variation of a registration under section 12 substituted for references to an application for a registration under section 10.

Previously excluded activity in relation to disposal of radioactive waste

23.—(1) This article applies to a person (“A”) carrying on an activity immediately before 1st October 2011 in relation to radioactive waste (the “continuing activity”) where—

(a)the activity is described in section 13 (disposal of radioactive waste); and

(b)immediately before 1st October 2011 A was excluded from the duty to hold an authorisation granted under that section in relation to that activity under one of the Orders listed in Schedule 3 to this Order.

(2) In relation to the continuing activity the exclusion described in paragraph (1)(b) continues to have effect in relation to A, subject to any conditions specified in the Order in which that exclusion is contained, until the date calculated in accordance with paragraph (3).

(3) The date referred to in paragraph (2) is—

(a)where, in relation to the continuing activity, A does not become exempted under article 11, 14, 15, 17 or 19 of this Order from the duty to hold an authorisation before 1st April 2012—

(i)where A applies for an authorisation under section 13 in relation to that activity before 1st April 2012—

(aa)if the application is granted, the date of grant;

(bb)if the application is refused and A appeals against the refusal under section 26, the date on which the appeal is determined or withdrawn;

(cc)if the application is refused, and A is entitled to appeal against the refusal in accordance with section 26, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

(dd)if the application is refused, and A is not entitled to appeal against the refusal in accordance with section 26, the date of the refusal; or

(ii)where A does not so apply, the earlier of—

(aa)1st April 2012; or

(bb)the day on which A ceases to carry out the activity;

(b)where A does become so exempted under any of those articles before 1st April 2012, the day on which A first becomes so exempted.

(4) Where A—

(a)on 1st October 2011, holds an authorisation under section 13 in respect of an activity described in paragraph (1) to which paragraph (1)(b) does not apply; and

(b)in relation to that continuing activity, applies for a variation of that authorisation instead of applying for a new authorisation,

then paragraph (3) applies to A in relation to the calculation of the duration of the exclusion, but with references in that paragraph to an application for a variation of an authorisation under section 17 (revocation and variation of authorisations) substituted for references to an application for an authorisation under section 13.

Previously excluded activity in relation to accumulation of radioactive waste

24.—(1) This article applies to a person (“A”) carrying on an activity immediately before 1st October 2011 in relation to radioactive waste (the “continuing activity”) where—

(a)the activity is described in section 14 (accumulation of radioactive waste); and

(b)immediately before 1st October 2011 A was excluded from the duty to hold an authorisation granted under that section in relation to that activity under one of the Orders listed in Schedule 3 to this Order.

(2) In relation to the continuing activity the exclusion described in paragraph (1)(b) continues to have effect in relation to A, subject to any conditions specified in the Order in which that exclusion is contained, until the date calculated in accordance with paragraph (3).

(3) The date referred to in paragraph (2) is—

(a)where, in relation to the continuing activity, A does not become exempted under article 6 or 9 of this Order from the duty to hold an authorisation before 1st April 2012—

(i)where A applies for an authorisation under section 14 in relation to that activity before 1st April 2012—

(aa)if the application is granted, the date of grant;

(bb)if the application is refused and A appeals against the refusal under section 26, the date on which the appeal is determined or withdrawn;

(cc)if the application is refused, and A is entitled to appeal against the refusal in accordance with section 26, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

(dd)if the application is refused, and A is not entitled to appeal against the refusal in accordance with section 26, the date of the refusal; or

(ii)where A does not so apply, the earlier of—

(aa)1st April 2012; or

(bb)the day on which A ceases to carry out the activity;

(b)where A does become so exempted under either of those articles before 1st April 2012, the day on which A first becomes so exempted.

(4) Where A—

(a)on 1st October 2011, holds an authorisation under section 14 in respect of an activity described in paragraph (1) to which paragraph (1)(b) does not apply; and

(b)in relation to that continuing activity, applies for a variation of that authorisation instead of applying for a new authorisation,

then paragraph (3) applies to A in relation to the calculation of the duration of the exclusion, but with references in that paragraph to an application for a variation of an authorisation under section 17 substituted for references to an application for an authorisation under section 14.

PART 9Revocations and savings

Revocations

25.  The instruments in Schedule 3 are revoked.

Savings

26.  Despite their revocation, the instruments in Schedule 3 continue in force for the purposes of, and to the extent provided by, Part 8 of this Order.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st February 2011

Article 4

SCHEDULE 1Tables of radionuclides and descriptions of radioactive material and radioactive waste

Table 1

Radionuclides: values of quantities and concentrations

RadionuclidesMaximum quantity (Bq) on any premisesMaximum concentration (Bq/g)
1.

“The Table 1 column 2 summation rule” means the sum of the quotient A/B where—

(a)

“A” means the quantity of each radionuclide listed in column 1 of Table 1 that is present in the material and waste; and

(b)

“B” means the quantity of that radionuclide specified in column 2 of Table 1.

2.

“The Table 1 column 3 summation rule” means the sum of the quotient C/D where—

(a)

“C” means the concentration of each radionuclide listed in column 1 of Table 1 that is present in the material and waste; and

(b)

“D” means the concentration of that radionuclide specified in column 3 of Table 1.

H-3109106
Be-7107103
C-14107104
O-15109102
F-1810610
Na-2210610
Na-2410510
Si-31106103
P-32105103
P-33108105
S-35108105
Cl-36106104
Cl-3810510
Ar-37108106
Ar-41109102
K-42106102
K-4310610
Ca-45107104
Ca-4710610
Sc-4610610
Sc-47106102
Sc-4810510
V-4810510
Cr-51107103
Mn-5110510
Mn-5210510
Mn-52m10510
Mn-53109104
Mn-5410610
Mn-5610510
Fe-5210610
Fe-55106104
Fe-5910610
Co-5510610
Co-5610510
Co-57106102
Co-5810610
Co-58m107104
Co-6010510
Co-60m106103
Co-61106102
Co-62m10510
Ni-59108104
Ni-63108105
Ni-6510610
Cu-64106102
Zn-6510610
Zn-69106104
Zn-69m106102
Ga-7210510
Ge-71108104
As-73107103
As-7410610
As-76105102
As-77106103
Se-75106102
Br-8210610
Kr-74109102
Kr-76109102
Kr-77109102
Kr-79105103
Kr-81107104
Kr-83m1012105
Kr-85104105
Kr-85m1010103
Kr-87109102
Kr-88109102
Rb-86105102
Sr-85106102
Sr-85m107102
Sr-87m106102
Sr-89106103
Sr-90+104102
Sr-9110510
Sr-9210610
Y-90105103
Y-91106103
Y-91m106102
Y-92105102
Y-93105102
Zr-93+107103
Zr-9510610
Zr-97+10510
Nb-93m107104
Nb-9410610
Nb-9510610
Nb-9710610
Nb-9810510
Mo-9010610
Mo-93108103
Mo-99106102
Mo-10110610
Tc-9610610
Tc-96m107103
Tc-97108103
Tc-97m107103
Tc-99107104
Tc-99m107102
Ru-97107102
Ru-103106102
Ru-10510610
Ru-106+105102
Rh-103m108104
Rh-105107102
Pd-103108103
Pd-109106103
Ag-105106102
Ag-108m+10610
Ag-110m10610
Ag-111106103
Cd-109106104
Cd-115106102
Cd-115m106103
In-111106102
In-113m106102
In-114m106102
In-115m106102
Sn-113107103
Sn-125105102
Sb-122104102
Sb-12410610
Sb-125106102
Te-123m107102
Te-125m107103
Te-127106103
Te-127m107103
Te-129106102
Te-129m106103
Te-131105102
Te-131m10610
Te-132107102
Te-13310510
Te-133m10510
Te-13410610
I-123107102
I-125106103
I-126106102
I-129105102
I-13010610
I-131106102
I-13210510
I-13310610
I-13410510
I-13510610
Xe-131m104104
Xe-133104103
Xe-1351010103
Cs-129105102
Cs-131106103
Cs-13210510
Cs-134m105103
Cs-13410410
Cs-135107104
Cs-13610510
Cs-137+10410
Cs-13810410
Ba-131106102
Ba-140+10510
La-14010510
Ce-139106102
Ce-141107102
Ce-143106102
Ce-144+105102
Pr-142105102
Pr-143106104
Nd-147106102
Nd-149106102
Pm-147107104
Pm-149106103
Sm-151108104
Sm-153106102
Eu-15210610
Eu-152m106102
Eu-15410610
Eu-155107102
Gd-153107102
Gd-159106103
Tb-16010610
Dy-165106103
Dy-166106103
Ho-166105103
Er-169107104
Er-171106102
Tm-170106103
Tm-171108104
Yb-175107103
Lu-177107103
Hf-18110610
Ta-18210410
W-181107103
W-185107104
W-187106102
Re-186106103
Re-188105102
Os-18510610
Os-191107102
Os-191m107103
Os-193106102
Ir-19010610
Ir-19210410
Ir-194105102
Pt-191106102
Pt-193m107103
Pt-197106103
Pt-197m106102
Au-198106102
Au-199106102
Hg-197107102
Hg-197m106102
Hg-203105102
Tl-20010610
Tl-201106102
Tl-202106102
Tl-204104104
Pb-203106102
Pb-210+10410
Pb-212+10510
Bi-20610510
Bi-20710610
Bi-210106103
Bi-212+10510
Po-20310610
Po-20510610
Po-20710610
Po-21010410
At-211107103
Rn-220+107104
Rn-222+10810
Ra-223+105102
Ra-224+10510
Ra-225105102
Ra-226+10410
Ra-227106102
Ra-228+10510
Ac-22810610
Th-226+107103
Th-22710410
Th-228+1041
Th-229+1031
Th-2301041
Th-231107103
Th-232 sec1031
Th-234+105103
Pa-23010610
Pa-2311031
Pa-233107102
U-230+10510
U-231107102
U-232+1031
U-23310410
U-23410410
U-235+10410
U-23610410
U-237106102
U-238+10410
U-238 sec1031
U-239106102
U-240107103
U-240+10610
Np-237+1031
Np-239107102
Np-24010610
Pu-234107102
Pu-235107102
Pu-23610410
Pu-237107103
Pu-2381041
Pu-2391041
Pu-2401031
Pu-241105102
Pu-2421041
Pu-243107103
Pu-2441041
Am-2411041
Am-242106103
Am-242m+1041
Am-243+1031
Cm-242105102
Cm-2431041
Cm-24410410
Cm-2451031
Cm-2461031
Cm-2471041
Cm-2481031
Bk-249106103
Cf-246106103
Cf-24810410
Cf-2491031
Cf-25010410
Cf-2511031
Cf-25210410
Cf-253105102
Cf-2541031
Es-253105102
Es-25410410
Es-254m106102
Fm-254107104
Fm-255106103

Any other radionuclide that is:

(a)

not of natural terrestrial or cosmic origin; or

(b)

listed in Table 2 of Schedule 1A to the Act.

103, or the quantity given in respect of that radionuclide in the Health Protection Agency’s publication ‘Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive’(8).1, or the concentration given in respect of that radionuclide in the document referenced in column 2.

Table 2

Radioactive material and accumulated radioactive waste: values of maximum quantities

Substance or articleMaximum quantity of radionuclides for each substance or article

Maximum quantity of radionuclides:

- on any premises in items which satisfy the limit in column 2; or

-in mobile radioactive apparatus held by a person

A sealed source of a type not described in any other row of this table.4 x 106 Bq2 x 108 Bq
A Class A gaseous tritium light device.2 x 1010 Bq5 x 1012 Bq
A Class B gaseous tritium light device.1 x 1012 Bq3 x 1013 Bq
A Class C gaseous tritium light device.1 x 1012 BqNo limit.
Any sealed source which is solely radioactive material or radioactive waste because it contains tritium.2 x 1010 Bq5 x 1012 Bq
A tritium foil source.2 x 1010 Bq5 x 1012 Bq
A smoke detector affixed to premises.4 x 106 BqNo limit.
An electrodeposited source.

6 x 108 Bq Ni-63 or

2 x 108 Bq Fe-55

6 x 1011 Bq
A luminised article.

8 x 107 Bq Pm-147 or

4 x 109 Bq H-3

4 x 1010 Bq Pm-147

or

2 x 1011 Bq H-3

A Ba-137m eluting source.4 x 104 Bq Cs-137+4 x 105 Bq Cs-137+
A substance or article which is or contains magnesium alloy or thoriated tungsten in which the thorium concentration does not exceed 4% by mass.No limit.No limit.
A uranium or thorium compound.Up to a total of 5 kg of uranium and thorium.Up to a total of 5 kg of uranium and thorium.
A substance or article (other than a sealed source) which is intended for use for medical or veterinary diagnosis or treatment or clinical or veterinary trials.

1 x 109 Bq Tc-99m

and

in respect of the total for all other radionuclides—

(i)

1 x 108 Bq if the substance or article is radioactive material; or

(ii)

2 x 108 Bq if the substance or article is radioactive waste.

1 x 109 Bq Tc-99m

and

2 x 108 Bq of all other radionuclides, (no more than 1 x 108 Bq of which is contained in radioactive material).

Table 3

Radioactive waste: values of quantities and concentrations

Radioactive wasteMaximum concentration of radionuclidesMaximum quantity of waste to be disposed of in the period stated
Solid radioactive waste, with no single item > 4 x 104 Bq.4 x 105 Bq for the sum of all radionuclides per 0.1m3.2 x 108 Bq/year
Solid radioactive waste containing tritium and C-14 only, with no single item > 4 x 105 Bq.4 x 106 Bq of tritium and C-14 per 0.1m3.2 x 109 Bq/year
Individual sealed sources.2 x 105 Bq for the sum of all radionuclides per 0.1m3.1 x 107 Bq/year
Individual sealed sources which are radioactive waste solely because they contain tritium.2 x 1010 Bq of tritium per 0.1m3.1 x 1013 Bq/year
Luminised articles with no single item containing > 8 x 107 Bq of Pm-147 or > 4 x 109 of tritium.

8 x 107 Bq per 0.1m3 of Pm-147

or 4 x 109 Bq per 0.1m3 for tritium.

2 x 109 Bq/year of Pm-147

or 1 x 1011 Bq/year of tritium.

Solid radioactive waste which consists of magnesium alloy, thoriated tungsten or dross from hardener alloy in which the thorium concentration does not exceed 4% by mass.No limit.No limit.
Solid uranium or thorium compound.No limit.0.5 kg of uranium or thorium per week.

Aqueous liquid uranium or thorium compound.

No limit.0.5 kg of uranium or thorium per year.
Radioactive waste in aqueous solution being human excreta.No limit.

1 x 1010 Bq/year of Tc-99m

and

5 x 109 Bq/year for the sum of all other radionuclides.

Table 4

Aqueous radioactive waste values

RadionuclideConcentration in Bq/litreMaximum annual quantity of radionuclides to a relevant sewer (Bq/year)Maximum annual quantity of radionuclides directly to a relevant river or the sea (Bq/year)
1.

“The Table 4 column 2 summation rule” means the sum of the quotients A/B where—

(a)

“A” means the quantity in Bq/litre of each radionuclide listed in column 1 of Table 4 that is present in the aqueous waste which is not described in a row in column 1 of Table 3; and

(b)

“B” means the concentration of that radionuclide specified in column 2 of Table 4.

2.

“The Table 4 column 3 summation rule” means the sum of the quotients C/D where—

(a)

“C” means the quantity in Bq of each radionuclide listed in column 1 of Table 4 that is present in the aqueous waste which is not described in a row of column 1 of Table 3 which is disposed of in the year; and

(b)

“D” means the quantity of that radionuclide specified in column 3 of Table 4.

3.

“The Table 4 column 4 summation rule” means the sum of the quotients C/E where—

(a)

“C” means the quantity in Bq of each radionuclide listed in column 1 of Table 4 that is present in the aqueous waste which is not described in a row in column 1 of Table 3 which is disposed of in the year; and

(b)

“E” means the quantity of that radionuclide specified in column 4 of Table 4.

H-310310101010
Be-71107107
C-140.1106106
F-180.1106106
Na-221106107
Na-241107107
Si-3110108108
P-320.001104104
P-330.001104104
S-35103 x 107108
Cl-3610107108
Cl-380.1106106
K-420.01105105
K-430.01105105
Ca-451107107
Ca-470.1106106
Sc-460.001104104
Sc-470.01105105
Sc-480.001104104
V-481107107
Cr-5110108108
Mn-510.001104104
Mn-520.001104104
Mn-52m0.001104104
Mn-531107107
Mn-540.01105105
Mn-560.001104104
Fe-520.01105105
Fe-551107107
Fe-590.01105105
Co-550.001104104
Co-560.001104104
Co-570.1106106
Co-580.1106106
Co-58m1107107
Co-600.01105105
Co-60m1107107
Co-610.1106106
Co-62m0.001104104
Ni-591107107
Ni-63102109109
Ni-650.01105105
Cu-640.1106106
Zn-650.13 x 105106
Zn-6910108108
Zn-69m0.1106106
Ga-670.1106106
Ga-720.001104104
Ge-711107107
As-7310108108
As-741107107
As-761107107
As-771107107
Se-750.13 x 105106
Br-820.1106106
Rb-860.1106106
Sr-850.1106106
Sr-85m0.1106106
Sr-87m0.1106106
Sr-891107107
Sr-90+0.13 x 105106
Sr-910.01105105
Sr-920.01105105
Y-901107107
Y-911107107
Y-91m0.01105105
Y-920.1106106
Y-930.1106106
Zr-9310108108
Zr-95+0.001104104
Zr-970.01105105
Nb-93m10108108
Nb-940.1106106
Nb-951107107
Nb-971107107
Nb-980.1106106
Mo-900.1106106
Mo-931107107
Mo-990.1106106
Mo-1010.01105105
Tc-961107107
Tc-96m102109109
Tc-97102109109
Tc-97m10108108
Tc-9910107108
Tc-99m103 x 107108
Ru-970.01105105
Ru-1030.01105105
Ru-1050.01105105
Ru-106+0.1106106
Rh-103m10108108
Rh-1051107107
Pd-1030.1106106
Pd-1090.1106106
Ag-1051107107
Ag-108m0.1106106
Ag-110m0.1106106
Ag-11110108108
Cd-1091107107
Cd-1150.1106106
Cd-115m1107107
In-1110.01105105
In-113m0.01105105
In-114m0.01105105
In-115m0.01105105
Sn-1130.1106106
Sn-1250.01105105
Sb-1220.1106106
Sb-1240.1106106
Sb-1251107107
Te-123m1107107
Te-125m1107107
Te-12710108108
Te-127m1107107
Te-12910108108
Te-129m1107107
Te-1311107107
Te-131m1107107
Te-1320.1106106
Te-1331107107
Te-133m1107107
Te-1341107107
I-1231107107
I-1251107107
I-1260.1106106
I-1290.1106106
I-1300.1106106
I-1310.1106106
I-1320.1106106
I-1330.1106106
I-1340.1106106
I-1350.1106106
Cs-1290.01105105
Cs-1310.1106106
Cs-1320.01105105
Cs-1340.01105105
Cs-134m0.1106106
Cs-1350.1106106
Cs-1360.001104104
Cs-137+0.01105105
Cs-1380.001104104
Ba-1310.1106106
Ba-1400.1106106
La-1400.001104104
Ce-1390.1106106
Ce-1410.1106106
Ce-1430.01105105
Ce-1440.1106106
Pr-1420.1106106
Pr-14310108108
Nd-1470.01105105
Nd-1490.01105105
Pm-14710108108
Pm-1491107107
Sm-151102109109
Sm-1530.1106106
Eu-1520.01105105
Eu-152m0.01105105
Eu-1540.01105105
Eu-1550.1106106
Gd-1530.1106106
Gd-1590.1106106
Tb-1600.01105105
Dy-1650.1106106
Dy-1660.1106106
Ho-1660.1106106
Er-16910108108
Er-1710.01105105
Tm-1701107107
Tm-17110108108
Yb-1750.1106106
Lu-1770.1106106
Hf-1810.01105105
Ta-1820.001104104
W-1810.1106106
W-1851107107
W-1870.01105105
Re-1861107107
Re-1881107107
Os-1850.01105105
Os-1910.1106106
Os-191m1107107
Os-1930.1106106
Ir-1900.001104104
Ir-1920.01105105
Ir-1940.1106106
Pt-1910.01105105
Pt-193m1107107
Pt-1970.1106106
Pt-197m0.1106106
Au-1981107107
Au-1991107107
Hg-1971107107
Hg-197m0.1106106
Hg-2030.1106106
Tl-2000.01105105
Tl-2010.1106106
Tl-2020.01105105
Tl-2040.1106106
Pb-2030.01105105
Pb-2100.001104104
Pb-2120.1106106
Bi-2060.01105105
Bi-2070.1106106
Bi-21010108108
Bi-2121107107
Po-2030.001104104
Po-2050.001104104
Po-2070.001104104
Po-2100.001104104
At-2111107107
Ra-2230.01105105
Ra-224+0.01105105
Ra-2250.01105105
Ra-226+0.01105105
Ra-2271107107
Ra-2280.01105105
Ac-2270.1106106
Ac-2280.001104104
Th-2260.1106106
Th-2270.01105105
Th-2281107107
Th-2290.01105105
Th-2301107107
Th-2310.1106106
Th-2321106107
Th-2340.1106106
Pa-2300.01105105
Pa-2310.01105105
Pa-2330.1106106
U-2300.1106106
U-23110108108
U-2320.1106106
U-2330.1106106
U-2340.1106106
U-235+0.1106106
U-2360.1106106
U-23710108108
U-238+0.1106106
U-23910108108
U-24010108108
Np-2370.1106106
Np-2391107107
Np-2400.1106106
Pu-2340.01105105
Pu-2350.01105105
Pu-2361107107
Pu-2370.1106106
Pu-2380.1106106
Pu-2390.1106106
Pu-2400.1106106
Pu-24110108108
Pu-2420.1106106
Pu-2430.1106106
Pu-2440.1106106
Am-2410.1106106
Am-2420.1106106
Am-242m0.1106106
Am-2430.1106106
Cm-2421107107
Cm-2430.1106106
Cm-2440.1106106
Cm-2450.01105105
Cm-2460.1106106
Cm-2470.01105105
Cm-2480.1106106
Bk-249102109109
Cf-2461107107
Cf-2481107107
Cf-2490.01105105
Cf-2500.1106106
Cf-2510.01105105
Cf-2520.1106106
Cf-25310108108
Cf-2540.0001103103
Es-2531107107
Es-2540.1106106
Es-254m0.01105105
Fm-2541107107
Fm-2550.1106106
Any other radionuclide that is not of natural terrestrial or cosmic origin.0.0001, or that concentration which gives rise to a dosage of 10 µSv/year calculated in accordance with the methodology used to calculate other concentrations in this table(9).103, or that quantity which corresponds to 3000m3 of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.103, or that quantity which corresponds to 10000m3 of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.

Table 5

Radionuclides in secular equilibrium

Parent radionuclideDaughter radionuclides
Sr-90+Y-90
Zr-93+Nb-93m
Zr-95+Nb-95
Zr-97+Nb-97
Ru-106+Rh-106
Ag-108m+Ag-108
Cs-137+Ba-137m
Ba-140+La-140
Ce-144+Pr-144
Pb-210+Bi-210, Po-210
Pb-212+Bi-212, Tl-208, Po-212
Bi-212+Tl-208, Po-212
Rn-220+Po-216
Rn-222+Po-218, Pb-214, Bi-214, Po-214
Ra-223+Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224+Where Ra-224+ is referred to in table 1: Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212
Where Ra-224+ is referred to in table 4: Pb-212
Ra-226+Where Ra-226+ is referred to in table 1: Rn-222, Po-218, Pb-214, Bi-214, Pb-210, Bi-210, Po-210, Po-214
Where Ra-226+ is referred to in table 4: Rn-222, Po-218, Pb-214, Bi-214, Po-214
Ra-228+Ac-228
Th-226+Ra-222, Rn-218, Po-214
Th-228+Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208
Th-229+Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
Th-232 secRa-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208
Th-234+Pa-234m
U-230+Th-226, Ra-222, Rn-218, Po-214
U-232+Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212
U-235+Th-231
U-238+Th-234, Pa-234m, Pa-234
U-238 secTh-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Pb-210, Bi-210, Po-210, Po-214
U-240+Np-240
Np-237+Pa-233
Am-242m+Am-242
Am-243+Np-239

Article 4

SCHEDULE 2Relevant standard conditions under Parts 2 and 3 of this Order

Introduction

1.  In this Schedule, “radioactive substances” means radioactive material, mobile radioactive apparatus and radioactive waste, and “exempt radioactive substances” means such radioactive substances in respect of which an exemption in Part 2 or 3 of this Order applies.

Relevant standard conditions

2.—(1) In respect of a person (“A”) to whom—

(a)article 5(1)(a) applies, the relevant standard conditions are those contained in paragraphs 3 and 4;

(b)article 6(1)(a)(ii) or (b) or 9(1)(b) applies, the relevant standard conditions are those contained in paragraphs 3, 4 and 6;

(c)article 10(1)(a) applies, the relevant standard conditions are those contained in—

(i)paragraph 3 (except sub-paragraphs (e)(ii) and (f)); and

(ii)paragraph 5.

(2) In respect of an article referred to in sub-paragraph (1), A is not required to comply with a condition in this Part unless that condition is a relevant standard condition for the purposes of that article.

General conditions

3.  A must—

(a)keep an adequate record of any exempt radioactive substances which A holds, and—

(i)in respect of exempt radioactive substances which are mobile radioactive apparatus, the locations at which they are kept or used;

(ii)in respect of other exempt radioactive substances, the location within the premises where A holds them;

(b)ensure that where practicable exempt radioactive substances or the container of such radioactive substances, is marked or labelled as radioactive;

(c)in respect of exempt radioactive substances which are sealed sources, electrodeposited sources or tritium foil sources, not modify or mutilate those sources or cause a loss of containment such that radioactive material or radioactive waste may be released outside the source;

(d)allow SEPA access to such records or such premises as SEPA may request in order to determine that all of the conditions in respect of the relevant exemption are complied with;

(e)hold the exempt radioactive substances safely and securely to prevent, so far as practicable—

(i)accidental removal, loss or theft from the premises where they are held; or

(ii)loss of containment; and

(f)in respect of exempt radioactive substances in a container—

(i)not modify or mutilate that container; and

(ii)prevent any uncontrolled or unintended release of radioactive material or radioactive waste from the container.

Loss or theft conditions

4.—(1) A must, subject to sub-paragraph (2), in respect of an incident of loss or theft (or suspected loss or theft) of exempt radioactive substances (except mobile radioactive apparatus) from the premises where they are held—

(a)notify the incident to SEPA as soon as practicable; and

(b)include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any radioactive substances from those premises over the 12 months preceding the incident being notified.

(2) In respect of an incident described in sub-paragraph (1), a notification to SEPA is only necessary where in respect of the aggregated total amount of exempt radioactive substances (excluding mobile radioactive apparatus) lost or stolen (or suspected to have been lost or stolen) from the premises in the incident and in all other such incidents in the 12 months preceding it, the quantity of radioactivity exceeds the value that is ten times the value in column 2 of Table 1.

Loss or theft conditions: mobile radioactive apparatus

5.—(1) A must, subject to sub-paragraph (2), in respect of an incident of loss or theft (or suspected loss or theft) of mobile radioactive apparatus from A—

(a)notify the incident to SEPA as soon as practicable; and

(b)include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any mobile radioactive apparatus from A over the 12 months preceding the incident being notified.

(2) In respect of an incident described in sub-paragraph (1), a notification to SEPA is only necessary where in respect of the aggregated total amount of mobile radioactive apparatus lost or stolen (or suspected to have been lost or stolen) from A in the incident and in all other such incidents in the 12 months preceding it, the quantity of radioactivity exceeds the value that is ten times the value in column 2 of Table 1.

Condition to dispose of accumulated waste

6.  A must dispose of radioactive waste in respect of which the exemption in article 6(1)(a)(ii) or (b) or 9(1)(b) (as appropriate) applies as soon as practicable after it has become waste, and additionally in the case of such waste where it is a sealed source, a tritium foil source or an electrodeposited source, in any event within 26 weeks of that time unless SEPA advises in writing that a longer period of accumulation may take place.

Article 25

SCHEDULE 3Revocations

Orders revokedReferences
The Radioactive Substances (Lead) Exemption (Scotland) Order 1962S.I. 1962/2762 (S.122)
The Radioactive Substances (Storage in Transit) Exemption (Scotland) Order 1962S.I. 1962/2765 (S.125)
The Radioactive Substances (Uranium and Thorium) Exemption (Scotland) Order 1962S.I. 1962/2766 (S.126)
The Radioactive Substances (Exhibitions) Exemption (Scotland) Order 1962S.I. 1962/2768 (S.128)
The Radioactive Substances (Phosphatic Substances, Rare Earths etc.) Exemption (Scotland) Order 1962S.I. 1962/2769 (S.129)
The Radioactive Substances (Geological Specimens) Exemption (Scotland) Order 1962S.I. 1962/2771 (S.131)
The Radioactive Substances (Prepared Uranium and Thorium Compounds) Exemption (Scotland) Order 1962S.I. 1962/2772 (S.132)
The Radioactive Substances (Waste Closed Sources) Exemption (Scotland) Order 1963S.I. 1963/1877 (S.94)
The Radioactive Substances (Schools etc.) Exemption (Scotland) Order 1963S.I. 1963/1878 (S.95)
The Radioactive Substances (Precipitated Phosphate) Exemption (Scotland) Order 1963S.I. 1963/1882 (S.99)
The Radioactive Substances (Electronic Valves) Exemption (Scotland) Order 1967S.I. 1967/1803 (S.166)
The Radioactive Substances (Smoke Detectors) Exemption (Scotland) Order 1980S.I. 1980/1599
The Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985S.I. 1985/1047
The Radioactive Substances (Luminous Articles) Exemption Order 1985S.I. 1985/1048
The Radioactive Substances (Testing Instruments) Exemption Order 1985S.I. 1985/1049
The Radioactive Substances (Substances of Low Activity) Exemption Order 1986S.I. 1986/1002
The Radioactive Substances (Hospitals) Exemption Order 1990S.I. 1990/2512
The Radioactive Substances (Smoke Detectors) Exemption (Scotland) Amendment Order 1991S.I. 1991/563
The Radioactive Substances (Substances of Low Activity) Exemption (Amendment) Order 1992S.I. 1992/647
The Radioactive Substances (Hospitals) Exemption (Amendment) Order 1995S.I. 1995/2395
The Radioactive Substances (Natural Gas) Exemption Order 2002S.I. 2002/1177

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces a series of exemption orders made under the Radioactive Substances Act 1993 (“the Act”) and its predecessor (the Radioactive Substances Act 1960(10)) in order to rationalise the current system of exemptions and align this more closely with the structure and terminology used in the Basic Safety Standards Directive(11).

Part 1 contains interpretative provisions and gives effect to Schedules 1 and 2. Special interpretative provisions are included in respect of waste arising from naturally occurring radioactive materials (NORM waste).

Part 2 confers exemptions from the requirement to register under section 7 of the Act (use of radioactive material) and from the requirement to be authorised under section 14 of the Act (accumulation of radioactive waste). Special provision in relation to NORM waste is contained in article 9.

Part 3 confers exemptions from the requirement to register under section 10 of the Act (use etc. of mobile radioactive apparatus).

Parts 4 to 7 create exemptions from the requirement to be authorised under section 13 of the Act in relation to the disposal of radioactive waste. Part 4 deals with disposal of solid radioactive waste, Part 5 with aqueous waste, Part 6 with gaseous waste and Part 7 with NORM waste.

The conditions to which the new exemptions are subject are set out in the relevant Parts. Where those conditions include a requirement to comply with “the relevant standard conditions”, those conditions are set out in Schedule 2.

Previous exemption orders are revoked by article 25 and Schedule 3. Part 8 contains transitional provisions in respect of holders of exemptions and exclusions created by any of the orders listed in that Schedule. Such operators will have a period of six months in which to apply for any registration or authorisation which they may now require if they do not qualify for exemption under this Order, and will continue to be protected pending any appeal.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Scottish Government Environmental Quality Division, Area 1-H North, Victoria Quay, Edinburgh EH6 6QQ.

(1)

1993 c.12. The functions of the Secretary of State were transferred to the Scottish Ministers by the Scotland Act 1998 (c.46), section 53.

(3)

O.J. L 182, 16.7.1999, p.1, as last amended by Directive 2008/98/EC of the European Parliament and of the Council (O.J. L 312, 22.11.2008, p.3).

(4)

O.J. L 312, 22.11.2008, p.3.

(5)

1968 c. 47, as relevantly amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 5, paragraph 41(b)(iv) and the Water Environment and Water Services (Scotland) Act 2003 (asp 3), schedule 3, paragraph 23(a).

(6)

1965 c.57, as relevantly amended by S.I. 1974/2056 and 1990/1918, Schedule 1, paragraph 1.

(8)

NRPB- R306 - Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive (April 1999), ISBN 0-85951-429-3.

(9)

The concentrations in this table were calculated using methods adopted by the Health Protection Agency in their document HPA-CRCE-005 - Derivation of Liquid Exclusion or Exemption Levels to Support the RSA93 Exemption Order Review, published in August 2010 (ISBN 0-978-85951-673-0).

(10)

8 & 9 Eliz. 2 c.34.

(11)

Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (O.J. L 159, 29.6.1996, p.1.)

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