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Radioactive Substances Act 1993

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This is the original version (as it was originally enacted).

Powers of Secretary of State in relation to applications etc.

23Power of Secretary of State to give directions to chief inspector

(1)The Secretary of State may, if he thinks fit in relation to—

(a)an application for registration under section 7 or 10,

(b)an application for an authorisation under section 13 or 14, or

(c)any such registration or authorisation,

give directions to the chief inspector requiring him to take any of the steps mentioned in the following subsections in accordance with the directions.

(2)A direction under subsection (1) may require the chief inspector so to exercise his powers under this Act as—

(a)to refuse an application for registration or authorisation,

(b)to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or

(c)to vary a registration or authorisation, as may be so specified, or

(d)to cancel or revoke (or not to cancel or revoke) a registration or authorisation.

(3)The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 21 or 22 in such terms as may be specified in the directions.

(4)The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.

(5)In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

24Power of Secretary of State to require certain applications to be determined by him

(1)The Secretary of State may—

(a)give general directions to the chief inspector requiring him to refer applications under this Act for registrations or authorisations of any description specified in the directions to the Secretary of State for his determination, and

(b)give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination.

(2)Where an application is referred to the Secretary of State in pursuance of directions given under this section, the Secretary of State may cause a local inquiry to be held in relation to the application.

(3)The following provisions shall apply to inquiries in pursuance of subsection (2)—

(a)in England and Wales, subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (supplementary provisions about local inquiries under that section) but with the omission, in subsection (4) of that section, of the words “such local authority or”,

(b)in Scotland, subsections (2) to (8) of section 210 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c)in Northern Ireland, Schedule 8 to the [S.I. 1972/1265 (N.I. 14).] Health and Personal Services (Northern Ireland) Order 1972 (provisions as to inquiries).

(4)After determining any application so referred, the Secretary of State may give the chief inspector directions under section 23 as to the steps to be taken by him in respect of the application.

(5)In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

25Power of Secretary of State to restrict knowledge of applications etc

(1)The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of—

(a)any particular application for registration under section 7 or 10 or applications of any description specified in the directions, or

(b)any particular registration or registrations of any description so specified,

should be restricted.

(2)The Secretary of State or, in a case falling within section 16(3) in relation to premises in England, the Secretary of State and the Minister of Agriculture, Fisheries and Food, may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of—

(a)any particular application for authorisation under section 13 or 14 or applications of any description specified in the directions, or

(b)any particular authorisation under either of those sections or authorisations of any description so specified,

should be restricted.

(3)Where it appears to the chief inspector that an application, registration or authorisation is the subject of any directions under this section, the chief inspector shall not send a copy of the application or the certificate of registration or authorisation, as the case may be—

(a)to any local authority under any provision of section 7 or 10, or

(b)to any public or local authority under any provision of section 16.

(4)In the application of this section to Northern Ireland—

(a)references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b)in subsection (2), the reference to England shall have effect as a reference to Northern Ireland and the reference to the Minister of Agriculture, Fisheries and Food shall have effect as a reference to the Department of Agriculture for Northern Ireland.

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