Search Legislation

Radioactive Substances Act 1993

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Radioactive Substances Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Radioactive Substances Act 1993

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

OffencesE+W+S+N.I.

32 Offences relating to registration or authorisation.E+W+S+N.I.

(1)Any person who—

(a)contravenes section 6, 9, 13(1), (2) or (3) or 14(1), or

(b)being a person registered under section 7 or 10, or being (wholly or partly) exempted from registration under either of those sections, does not comply with a limitation or condition subject to which he is so registered or exempted, or

(c)being a person [F1 who holds an authorisation under section 13 or 14 ], does not comply with a limitation or condition subject to which that authorisation has effect, or

(d)being a person who is registered under section 7 or 10 or [F2 who holds an authorisation under section 13 or 14 ], fails to comply with any requirement of a notice served on him under section 21 or 22,

shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding #20,000 or to imprisonment for a term not exceeding six months, or both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or both.

[F3(3)If the appropriate Agency is of the opinion that proceedings for an offence under subsection (1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a notice served on him under section 21 or 22, that Agency may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the notice.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3S. 32(3) added (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 219 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

33 Offences relating to ss. 19 and 20.E+W+S+N.I.

(1)Any person who contravenes section 19 shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(2)Any person who without reasonable cause pulls down, injures or defaces any document posted in pursuance of section 19 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3)Any person who fails to comply with a requirement imposed on him under section 20 shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

34 Disclosure of trade secrets.E+W+S+N.I.

(1)If any person discloses any information relating to any relevant process or trade secret used in carrying on any particular undertaking which has been given to or obtained by him under this Act or in connection with the execution of this Act, he shall be guilty of an offence, unless the disclosure is made—

(a)with the consent of the person carrying on that undertaking, or

(b)in accordance with any general or special directions given by the Secretary of State, or

[F4(bb)under or by virtue of section 113 of the Environment Act 1995, or]

(c)in connection with the execution of this Act, or

(d)for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

(3)In this section “relevant process” means any process applied for the purposes of, or in connection with, the production or use of radioactive material.

(4)In the application of this section to Northern Ireland, the reference in subsection (1)(b) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F534A Offences of making false or misleading statements or false entries.E+W+S

(1)Any person who—

(a)for the purpose of obtaining for himself or another any registration under section 7 or 10, any authorisation under section 13 or 14[F6 , any transfer of such an authorisation under section 16A ] or any variation of such an authorisation under section 17, or

(b)in purported compliance with a requirement to furnish information imposed under section 31(1)(d),

makes a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence.

(2)Any person who intentionally makes a false entry in any record—

(a)which is required to be kept by virtue of a registration under section 7 or 10 [F7 , an authorisation under section 13 or 14 or a transfer under section 16A ], or

(b)which is kept in purported compliance with a condition which must be complied with if a person is to have the benefit of an exemption under section 8, 11 or 15,

shall be guilty of an offence.

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5S. 34A inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 112, Sch. 19 para. 6 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[F835 Obstruction.N.I.

(1)Any person who—

(a)intentionally obstructs an inspector or other person in the exercise of any powers conferred by section 31, or

(b)refuses or without reasonable excuse fails to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector or other person under that section,

shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

36 Offences by bodies corporate.E+W+S+N.I.

(1)Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

(2)In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

37 Offence due to another’s fault.E+W+S+N.I.

Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person may by virtue of this section be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.

38 Restriction on prosecutions.E+W+S+N.I.

(1)Proceedings in respect of any offence under this Act shall not be instituted in England or Wales except—

(a)by the Secretary of State,

[F9(b)by the Environment Agency, or]

(c)by or with the consent of the Director of Public Prosecutions.

(2)Proceedings in respect of any offence under this Act shall not be instituted in Northern Ireland except—

(a)by the head of the Department of the Environment for Northern Ireland, or

(b)by or with the consent of the Attorney General for Northern Ireland.

(3)This section shall be deemed to have been enacted before the coming into operation of the M1Prosecution of Offences (Northern Ireland) Order 1972.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9S. 38(1)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 222 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources