SCHEDULE 8RADIOACTIVE SUBSTANCES ACTIVITIES

PART 5Radioactivity to be disregarded for purposes of certain statutory provisions

Statutory provisions39

1

No account is to be taken of any radioactivity possessed by any substance, article or premises for the purposes of—

a

the operation of a statutory provision to which sub-paragraph (2) applies; or

b

the exercise or performance of a power or duty conferred or imposed by, or for the enforcement of, such a statutory provision.

2

This paragraph applies to—

a

the statutory provisions contained in, or for the time being having effect by virtue of—

i

section 16 of the Clean Air Act 199352;

ii

the Sewerage (Scotland) Act 196853;

iii

the Planning (Hazardous Substances) (Scotland) Act 199754;

iv

section 201 of the Local Government (Scotland) Act 197355;

v

sections 30A and 56(1) and (2) of the Control of Pollution Act 197456;

vi

sections 70, 71 and 75 of the Water (Scotland) Act 198057;

vii

part III of the Environmental Protection Act 199058;

b

any enactment for the time being in force whereby an enactment specified in head (a) is amended, extended or superseded; and

c

any statutory provision contained in, or for the time being having effect by virtue of a local enactment whether passed or made before or after the passing of these Regulations (in whatever terms the provision is expressed) in so far as—

i

the management of waste or any description of waste, or of any substance which is a nuisance, or so as to be a nuisance, or of any substance which is, or so as to be, prejudicial to health, noxious, polluting or of any similar description, is prohibited or restricted by the statutory provision; or

ii

a power or duty is conferred or imposed by the statutory provision on SEPA, a local authority or a relevant water authority, or on any officer of a local authority, to take any action (whether by way of legal proceedings or otherwise) for preventing, restricting or abating such management of waste as is mentioned in sub-paragraph (i).

3

In this paragraph—

  • “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act or Act of the Scottish Parliament, whether of a general or a special nature; and

  • “local enactment” means—

    1. a

      a local or private Act;

    2. b

      an Act of the Scottish Parliament the Bill for which was a private Bill for the purposes of the standing orders of the Scottish Parliament; or

    3. c

      an order confirmed by Parliament or the Scottish Parliament or brought into operation in accordance with special parliamentary procedure.

4

In this paragraph any reference to disposal, in relation to a statutory provision, is a reference to discharging or depositing a substance or allowing a substance to escape or to enter a stream or other place, as may be mentioned in that provision.