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The Radioactive Substances Exemption (Scotland) Order 2011

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Article 4

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

This schedule has no associated Executive Note

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.

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