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E+W+S+N.I.

Radioactive Substances Act 1993

1993 CHAPTER 12

An Act to consolidate certain enactments relating to radioactive substances with corrections and minor improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[27th May 1993]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1Act (except ss. 1(5), 8(6), 11(1), 15 and 25): transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2[A table showing the derivation of the provisions of this consolidation will be found at the end of this Act. The table has no official status.]

C3Act: transfer of functions (E.W.S.) (1.4.1996) by 1995 c. 25, s. 2(1)(e) (with ss. 115, 117); S.I. 1996/186, art. 3

Act modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(2)(5)(g) (with ss. 115, 117); S.I. 1996/186, art. 2.

Act modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 5(1)(3)(4)(5)(g) (with ss. 115, 117); S.I. 1996/186, art. 3.

Act modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3.

Act: power to modify conferred (E.W.S.) (21.9.1995 for specified purposes and otherwise 1.4.2000 for E., 14.7.2000 for S. and 15.9.2001 for W.) by 1990 c. 43, s. 78YC(b) (as inserted (21.9.1995 for specified purposes and otherwise 1.4.2000 for E., 14.7.2000 for S. and 15.9.2001 for W.) by 1995 c. 25, s. 57 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 2000/340, art. 2(a); S.S.I. 2000/180, art. 2(1)(a); S.I. 2000/1986, art. 2; S.I. 2001/3211, art. 2(a) (with art. 3))

C4Act: power to modify conferred (17.9.1998) by S.I. 1997/2778 (N.I. 19), art. 48; S.R. 1998/288, art. 2

Act: power to modify conferred (prosp.) by S.I. 1997/2778 (N.I. 19), arts. 1, 71

C5Act applied in part (temp.) (E.W.) (30.11.2006) (with effect in accordance with art. 1(1) of the commencing S.I.) by Radioactive Substances (Emergency Exemption) (England and Wales) Order 2006 (S.I. 2006/3169), art. 2

Commencement Information

I1Act wholly in force at 27.8.1993 see s. 51(2).

PreliminaryE+W+S+N.I.

1 Meaning of “radioactive material”.E+W+S+N.I.

(1)In this Act “radioactive material” means anything which, not being waste, is either a substance to which this subsection applies or an article made wholly or partly from, or incorporating, such a substance.

(2)Subsection (1) applies to any substance falling within either or both of the following descriptions, that is to say,—

(a)a substance containing an element specified in the first column of Schedule 1, in such a proportion that the number of becquerels of that element contained in the substance, divided by the number of grams which the substance weighs, is a number greater than that specified in relation to that element in the appropriate column of that Schedule;

(b)a substance possessing radioactivity which is wholly or partly attributable to a process of nuclear fission or other process of subjecting a substance to bombardment by neutrons or to ionising radiations, not being a process occurring in the course of nature, or in consequence of the disposal of radioactive waste, or by way of contamination in the course of the application of a process to some other substance.

(3)In subsection (2)(a) “the appropriate column”—

(a)in relation to a solid substance, means the second column,

(b)in relation to a liquid substance, means the third column, and

(c)in relation to a substance which is a gas or vapour, means the fourth column.

(4)For the purposes of subsection (2)(b), a substance shall not be treated as radioactive material if the level of radioactivity is less than such level as may be prescribed for substances of that description.

(5)The Secretary of State may by order vary the provisions of Schedule 1, either by adding further entries to any column of that Schedule or by altering or deleting any entry for the time being contained in any column.

(6)In the application of this section to Northern Ireland, the reference in subsection (5) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

2 Meaning of “radioactive waste”.E+W+S+N.I.

In this Act “radioactive waste” means waste which consists wholly or partly of—

(a)a substance or article which, if it were not waste, would be radioactive material, or

(b)a substance or article which has been contaminated in the course of the production, keeping or use of radioactive material, or by contact with or proximity to other waste falling within paragraph (a) or this paragraph.

3 Meaning of “mobile radioactive apparatus”.E+W+S+N.I.

In this Act “mobile radioactive apparatus” means any apparatus, equipment, appliance or other thing which is radioactive material and—

(a)is constructed or adapted for being transported from place to place, or

(b)is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms.

Inspectors and chief inspectorE+W+S+N.I.

[F14 Inspectors and chief inspector appointed by Secretary of State.N.I.

(1)The Secretary of State may appoint as inspectors, to assist him in the execution of this Act, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient.

(2)For the purposes of this Act the Secretary of State shall—

(a)appoint one of those inspectors to be chief inspector for England and Wales, and

(b)appoint one of them to be chief inspector for Scotland.

(3)A person may be appointed both as an inspector or as chief inspector under this section and as an inspector or as chief inspector under section 16 of the M1Environmental Protection Act 1990.

(4)The chief inspector may, to any extent, delegate his functions under this Act to any other inspector appointed under this section.

(5)The Secretary of State may make to or in respect of any person appointed by him under this section such payments, by way of remuneration, allowances or otherwise, as he may, with the approval of the Treasury, determine.

(6)In England and Wales, an inspector appointed under this section, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under this Act.

(7)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,

(b)the reference in subsection (5) to the Treasury shall have effect as a reference to the Department of Finance and Personnel in Northern Ireland,

(c)the reference in subsection (3) to section 16 of the M2Environmental Protection Act 1990 shall have effect as a reference to section 10 of the M3Alkali, &c. Works Regulation Act 1906,

(d)subsections (2) and (6) shall not apply;

and the Department of the Environment for Northern Ireland shall appoint one of the inspectors appointed by it under subsection (1) to be the chief inspector for Northern Ireland.]

Annotations:

Amendments (Textual)

Marginal Citations

[F25 Appointment of inspectors by Minister of Agriculture, Fisheries and Food.N.I.

(1)For the purposes of the execution of this Act in relation to any premises in England which are situated on a nuclear site, the Minister of Agriculture, Fisheries and Food may appoint as inspectors such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient.

(2)The Minister of Agriculture, Fisheries and Food may make to or in respect of any person appointed by him under this section such payments, by way of remuneration, allowances or otherwise, as he may, with the approval of the Treasury, determine.

(3)This section shall have effect in relation to Northern Ireland as it has effect in relation to England, but with the substitution—

(a)for references to the Minister of Agriculture, Fisheries and Food of references to the Department of Agriculture for Northern Ireland, and

(b)for the reference to the Treasury of a reference to the Department of Finance and Personnel in Northern Ireland.]

Annotations:

Amendments (Textual)

Registration relating to use of radioactive material and mobile radioactive apparatusE+W+S+N.I.

6 Prohibition of use of radioactive material without registration.E+W+S+N.I.

No person shall, on any premises which are used for the purposes of an undertaking carried on by him, keep or use, or cause or permit to be kept or used, radioactive material of any description, knowing or having reasonable grounds for believing it to be radioactive material, unless either—

(a)he is registered under section 7 in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

(b)he is exempted from registration under that section in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

(c)the radioactive material in question consists of mobile radioactive apparatus in respect of which a person is registered under section 10 or is exempted from registration under that section.

7 Registration of users of radioactive material.E+W+S

(1)Any application for registration under this section shall be made to the [F3appropriate Agency] and shall—

(a)specify the particulars mentioned in subsection (2),

(b)contain such other information as may be prescribed, and

(c)be accompanied by the [F4charge prescribed for the porpose by a charging scheme under section 41 of the Envirionment Act 1995].

(2)The particulars referred to in subsection (1)(a) are—

(a)the premises to which the application relates,

(b)the undertaking for the purposes of which those premises are used,

(c)the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

(d)the manner (if any) in which radioactive material is proposed to be used on the premises.

(3)On any application being made under this section, the [F3appropriate Agency] shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

(4)Subject to the following provisions of this section, where an application is made to the [F3appropriate Agency] for registration under this section in respect of any premises, the [F3appropriate Agency] may either—

(a)register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

(b)if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c)refuse the application.

(5)An application for registration under this section which is duly made to the [F3appropriate Agency] may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(6)Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the [F3appropriate Agency] thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

(a)conditions imposing requirements (including, if the [F3appropriate Agency] thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

(b)conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the [F3appropriate Agency] with information as to the removal of radioactive material from those premises to any other premises, and

(c)conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

(i)indicating that it is radioactive material, or

(ii)if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

(7)In the exercise of any power conferred on [F5it] by subsection (4) or (6), the [F3appropriate Agency]F6..., shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

[F7(7A)Subsection (7) does not apply—

(a)in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

(b)in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).]

(8)On registering a person under this section in respect of any premises, the [F3 appropriate Agency]

[F8(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.

Annotations:

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F3Words in s. 7 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4Words in s. 7(1)(c) substituted (E.W.S.) (1.4.1996) by 1995 c.25, s. 120(1), Sch. 22 para. 202(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words in s. 7(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 202(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

7 Registration of users of radioactive material.N.I.

(1)Any application for registration under this section shall be made to the chief inspector and shall—

(a)specify the particulars mentioned in subsection (2),

(b)contain such other information as may be prescribed, and

(c)be accompanied by the prescribed fee.

(2)The particulars referred to in subsection (1)(a) are—

(a)the premises to which the application relates,

(b)the undertaking for the purposes of which those premises are used,

(c)the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

(d)the manner (if any) in which radioactive material is proposed to be used on the premises.

(3)On any application being made under this section, the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

(4)Subject to the following provisions of this section, where an application is made to the chief inspector for registration under this section in respect of any premises, the chief inspector may either—

(a)register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

(b)if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c)refuse the application.

(5)An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(6)Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the chief inspector thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

(a)conditions imposing requirements (including, if the chief inspector thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

(b)conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the chief inspector with information as to the removal of radioactive material from those premises to any other premises, and

(c)conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

(i)indicating that it is radioactive material, or

(ii)if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

(7)In the exercise of any power conferred on him by subsection (4) or (6), the chief inspectorF6..., shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

[F7(7A)Subsection (7) does not apply—

(a)in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

(b)in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).]

(8)On registering a person under this section in respect of any premises, the chief inspector—

[F8(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.

Annotations:

Extent Information

E19This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

8 Exemptions from registration under s. 7.E+W+S

(1)At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.

(2)Where, in the case of any such premises as are mentioned in subsection (1), it appears to the [F9appropriate Agency] that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the [F9appropriate Agency] would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the [F9appropriate Agency] may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the [F9appropriate Agency] correspond to those which [F10it] would so have imposed) as may be specified in the direction.

(3)On giving a direction under subsection (2) in respect of any premises, the [F9 appropriate Agency] shall furnish the licensee with a copy of the direction.

(4)Except as provided by subsection (5), in respect of all premises all persons are exempted from registration under section 7 in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

(5)Subsection (4) does not exempt from registration under section 7 any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

(6)The Secretary of State may by order grant further exemptions from registration under section 7, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

(7)Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

(8)In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Annotations:

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F9Words in s. 8 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F10Word in s. 8(2) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 203 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

8 Exemptions from registration under s. 7.N.I.

(1)At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.

(2)Where, in the case of any such premises as are mentioned in subsection (1), it appears to the chief inspector that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the chief inspector would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the chief inspector may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the chief inspector correspond to those which he would so have imposed) as may be specified in the direction.

(3)On giving a direction under subsection (2) in respect of any premises, the chief inspector shall furnish the licensee with a copy of the direction.

(4)Except as provided by subsection (5), in respect of all premises all persons are exempted from registration under section 7 in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

(5)Subsection (4) does not exempt from registration under section 7 any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

(6)The Secretary of State may by order grant further exemptions from registration under section 7, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

(7)Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

(8)In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Annotations:

Extent Information

E20This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

9 Prohibition of use of mobile radioactive apparatus without registration.E+W+S+N.I.

(1)No person shall, for the purpose of any activities to which this section applies—

(a)keep, use, lend or let on hire mobile radioactive apparatus of any description, or

(b)cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire,

unless he is registered under section 10 in respect of that apparatus or is exempted from registration under that section in respect of mobile radioactive apparatus of that description.

(2)This section applies to activities involving the use of the apparatus concerned for—

(a)testing, measuring or otherwise investigating any of the characteristics of substances or articles,or

(b)releasing quantities of radioactive material into the environment or introducing such material into organisms.

10 Registration of mobile radioactive apparatus.N.I.

(1)Any application for registration under this section shall be made to the chief inspector and—

(a)shall specify—

(i)the apparatus to which the application relates, and

(ii)the manner in which it is proposed to use the apparatus,

(b)shall contain such other information as may be prescribed, and

(c)shall be accompanied by the prescribed fee.

(2)Where an application is made to the chief inspector for registration under this section in respect of any apparatus, the chief inspector may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the chief inspector thinks fit, or may refuse the application.

(3)On any application being made the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

(4)An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(5)On registering a person under this section in respect of any mobile radioactive apparatus, the chief inspector—

[F11(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

Annotations:

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

10 Registration of mobile radioactive apparatus.E+W+S

(1)Any application for registration under this section shall be made to the [F146appropriate Agency] and—

(a)shall specify—

(i)the apparatus to which the application relates, and

(ii)the manner in which it is proposed to use the apparatus,

(b)shall contain such other information as may be prescribed, and

(c)shall be accompanied by the [F147charge prescribed for the purpose by a charging scheme under section 41 of the Enviroment Act 1995].

(2)Where an application is made to the [F146appropriate Agency] for registration under this section in respect of any apparatus, the [F146appropriate Agency] may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the [F146appropriate Agency] thinks fit, or may refuse the application.

(3)On any application being made the [F146appropriate Agency] shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to [F148the appropriate Agency] the apparatus will be kept or will be used for releasing radioactive material into the environment.

(4)An application for registration under this section which is duly made to the [F146appropriate Agency] may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(5)On registering a person under this section in respect of any mobile radioactive apparatus, the [F146appropriate Agency]

[F11(a)shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to [F148the appropriate Agency] the apparatus will be kept or will be used for releasing radioactive material into the environment.

Annotations:

Extent Information

E21This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F146Words in s. 10 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s.120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F147Words in s. 10(1)(c) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 204(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F148Words in s. 10(3)(5)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 204(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

11 Exemptions from registration under s. 10.E+W+S+N.I.

(1)The Secretary of State may by order grant exemptions from registration under section 10, by reference to such classes of persons, and such descriptions of mobile radioactive apparatus, as may be specified in the order.

(2)Any exemption granted by an order under subsection (1) may be granted subject to such limitations or conditions as may be specified in the order.

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

12 Cancellation and variation of registration.E+W+S

(1)Where any person is for the time being registered under section 7 or 10, the [F12appropriate Agency] may at any time cancel the registration, or may vary it—

(a)where the registration has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b)where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the registration.

[F13(1A)The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.]

(2)On cancelling or varying a registration by virtue of this section, the [F12appropriate Agency] shall—

(a)give notice of the cancellation or variation to the person to whom the registration relates, and

(b)if a copy of the certificate was sent to a local authority in accordance with section 7(8) or 10(5), send a copy of the notice to that local authority.

Annotations:

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F12Words in s. 12 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

12 Cancellation and variation of registration.N.I.

(1)Where any person is for the time being registered under section 7 or 10, the chief inspector may at any time cancel the registration, or may vary it—

(a)where the registration has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b)where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the registration.

[F13(1A)The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.]

(2)On cancelling or varying a registration by virtue of this section, the chief inspector shall—

(a)give notice of the cancellation or variation to the person to whom the registration relates, and

(b)if a copy of the certificate was sent to a local authority in accordance with section 7(8) or 10(5), send a copy of the notice to that local authority.

Annotations:

Extent Information

E22This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

Authorisation of disposal and accumulation of radioactive wasteE+W+S+N.I.

13 Disposal of radioactive waste.E+W+S+N.I.

(1)Subject to section 15, no person shall, except in accordance with an authorisation granted in that behalf under this subsection, dispose of any radioactive waste on or from any premises which are used for the purposes of any undertaking carried on by him, or cause or permit any radioactive waste to be so disposed of, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste.

(2)Where any person keeps any mobile radioactive apparatus for the purpose of its being used in activities to which section 9 applies, he shall not dispose of any radioactive waste arising from any such apparatus so kept by him, or cause or permit any such radioactive waste to be disposed of, except in accordance with an authorisation granted in that behalf under this subsection.

(3)Subject to subsection (4) and to section 15, where any person, in the course of the carrying on by him of an undertaking, receives any radioactive waste for the purpose of its being disposed of by him, he shall not, except in accordance with an authorisation granted in that behalf under this subsection, dispose of that waste, or cause or permit it to be disposed of, knowing or having reasonable grounds for believing it to be radioactive waste.

(4)The disposal of any radioactive waste does not require an authorisation under subsection (3) if it is waste which falls within the provisions of an authorisation granted under subsection (1) or (2), and it is disposed of in accordance with the authorisation so granted.

(5)In relation to any premises which—

(a)are situated on a nuclear site, but

(b)have ceased to be used for the purposes of an undertaking carried on by the licensee,

subsection (1) shall apply (subject to section 15) as if the premises were used for the purposes of an undertaking carried on by the licensee.

Annotations:

Modifications etc. (not altering text)

14 Accumulation of radioactive waste.E+W+S+N.I.

(1)Subject to the provisions of this section and section 15, no person shall, except in accordance with an authorisation granted in that behalf under this section, accumulate any radioactive waste (with a view to its subsequent disposal) on any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so accumulated, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste.

(2)Where the disposal of any radioactive waste has been authorised under section 13, and in accordance with that authorisation the waste is required or permitted to be accumulated with a view to its subsequent disposal, no further authorisation under this section shall be required to enable the waste to be accumulated in accordance with the authorisation granted under section 13.

(3)Subsection (1) shall not apply to the accumulation of radioactive waste on any premises situated on a nuclear site.

(4)For the purposes of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, keeping or use of that material is accumulated in a part of the premises appropriated for the purpose, and is retained there for a period of not less than three months, that substance shall, unless the contrary is proved, be presumed—

(a)to be radioactive waste, and

(b)to be accumulated on the premises with a view to the subsequent disposal of the substance.

Annotations:

Modifications etc. (not altering text)

15 Further exemptions from ss. 13 and 14.E+W+S+N.I.

(1)Sections 13(1) and (3) and 14(1) shall not apply to the disposal or accumulation of any radioactive waste arising from clocks or watches[F14on or from any premises in the circumstances described in subsection (1A)]

[F15(a)where the total quantity taken together of each of the radionuclides listed in column 1 of Table A below present in the clocks and watches on any premises does not exceed the amount set out in column 2–

TABLE A

Radioactive materialRelevant value
Tritium 10 9 becquerels
Promethium 147 10 7 becquerels
Radium 226 10 4 becquerels

or

(b)where

(i)the total quantity of the radionuclides listed in column 2 of Table B below present in each such clock or watch of the type listed in column 1 of that table does not exceed the amount set out in column 3–

TABLE B

Type of clock or watchRadioactive materialRelevant value (becquerels)

(i)Luminised time measurement instruments F16

(a)worn or carried on the person

Tritium

Promethium 147

2.8y 10 8

5.5y 10 6

(b)not worn or carried on the person

Tritium

Promethium 147

3.7y 10 8

7.4y 10 6

(ii)Special luminised time measurement instruments F17

Tritium

Promethium 147

9.3y 10 8

1.9y 10 7

(iii)Watches containing gaseous tritium light sources F18

Tritium7.4y 109

(iv)Radium luminised timepieces F19

(a)wristwatches

Radium 226 3.7y 10 3

(b)alarm clocks

Radium 226 5.5y 10 3

(c)special time measurement instruments

Radium 226 5.6y 10 4

and

(ii)no more than five items falling within Table B which constitute radioactive waste are present on any premises]

but this subsection does not affect the operation of section 13(1) or section 14(1) in relation to the disposal or accumulation of radioactive waste arising from clocks or watches on or from premises which, by virtue of subsection (5) of section 8, are excluded from the operation of subsection (4) of that section.

F20 [( 1A )The circumstances referred to in subsection (1) are that—

(a)no radionuclide other than tritium, promethium 147 or radium 226 is present in any clock or watch on the premises (whether or not any radioactive waste arises from it),

(b)no such clock or watch contains more than one of those radionuclides, and

(c)either subsection (1B) or subsection (1C) is satisfied.

(1B) This subsection is satisfied if the total quantity of tritium divided by 10 9 , plus the total quantity of promethium 147 divided by 10 7 , plus the total quantity of radium 226 divided by 10 4 , in all such clocks and watches does not exceed 1 (quantity in each case being measured in becquerels).

(1C)This subsection is satisfied if—

(a)all such clocks and watches fall within a description specified in the first column of the Table below;

(b)radioactive waste arises from no more than five of them; and

(c)none of them gives rise to a quantity of radioactive waste exceeding the figure in the third column of the Table corresponding to the relevant radionuclide listed in the second column.

Table

Description of clock or watchRadionuclideRelevant quantity (in becquerels)

(i)Clocks or watches having their dials marked at the time of manufacture with “T 25” (Tritium), “Pm 0.5” (Promethium 147) or “Ra 1.5” (Radium 226)

Tritium

Promethium 147

Radium 226

9.3 x 10 8

1.9 x 10 7

5.6 x 10 4

(ii)Clocks bearing radioluminescent deposits and not falling within category (i)

Tritium

Promethium 147

Radium 226

3.7 x 10 8

7.4 x 10 6

7.4 x 10 3

(iii)Watches bearing radioluminescent deposits and not falling within category (i)

Tritium

Promethium 147

Radium 226

2.8 x 10 8

5.5 x 10 6

5.6 x 10 3

(iv)Watches containing small sealed glass tubes internally coated with a phosphor and filled with tritium gas

Tritium

7.4 x 10 9]

(1A)[F21The circumstances referred to in subsection (1) are that –

(a)no radionuclide other than tritium, promethium 147 or radium 226 is present in any clock or watch on the premises (whether or not any radioactive waste arises from it),

(b)no such clock or watch contains more than one of those radionuclides, and

(c)either subsection (1B) or (1C) is satisfied.

(1B) This subsection is satisfied if the total quantity of tritium divided by 10 9 , plus the total quantity of promethium 147 divided by 10 7 , plus the total quantity of radium 226 divided by 10 4 , in all such clocks and watches does not exceed 1 (quantity in each case measured in becquerels).

(1C)This subsection is satisfied if –

(a)all such clocks and watches fall within a description specified in the first column of the table below,

(b)radioactive waste arises from no more than five of them,

(c)none of those five gives rise to a quantity of radioactive waste exceeding the figure in the third column of the Table corresponding to the relevant radionuclide listed in the second column.

TABLE

Type of clock or watchRadionuclideRelevant value (becquerels)

(i)Watches bearing radioluminescent deposits and intended to be worn or carried on the person

Tritium

Promethium 147

Radium 226

2.8 x 108

5.5 x 106

5.6 x 103

(ii)Clocks bearing radioluminescent deposits

Tritium

Promethium 147

Radium 226

3.7 x 108

7.4 x 106

7.4 x 103

(iii)Clocks or watches requiring greater luminosity than categories (i) or (ii) above, and having their dials marked at the time of manufacture with “T 25” (tritium), “Pm 0.5” (Promethium 147) or “Ra 1.5” (Radium 226)

Tritium

Promethium 147

Radium 226

9.3 x 108

1.9 x 107

5.6 x 104

(iv)Watches containing small sealed glass tubes internally coated with a phosphor and filled with tritium gas

Tritium7.4 x 109]

(2)Without prejudice to subsection (1), the Secretary of State may by order exclude particular descriptions of radioactive waste from any of the provisions of section 13 or 14, either absolutely or subject to limitations or conditions; and accordingly such of those provisions as may be specified in an order under this subsection shall not apply to a disposal or accumulation of radioactive waste if it is radioactive waste of a description so specified, and (where the exclusion is subject to limitations or conditions) the limitations or conditions specified in the order are complied with.

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

Annotations:

Amendments (Textual)

F14Words in s. 15(1) inserted (E.W.) (14.1.2002) by S.I. 2001/4005 , reg. 2(2); and words in s. 15(1) inserted (N.I.) (1.5.2003) by virtue of The Radioactive Substances (Basic Safety Standards) Regulations (Northern Ireland) 2003 (S.R. 2003/208) , regs. 1 , 4(1)(a)

F15 S. 15(1)(a)(b) inserted (13.5.2000) by S.S.I. 2000/100 , art. 2

F16ISO 3157: 1991(E), “Radioluminescence for time measurement instruments – Specifications”.

F17ISO 3157: 1991(E), “Radioluminescence for time measurement instruments – Specifications”.

F18NEA, “Radiation Protection Standards for Gaseous Tritium Light Devices” (1973).

F19IAEA, “Radiation Protection Standards for Radioluminous Timepieces”:(1967).

F20 S. 15(1A)-(1C) inserted (E.W.) (14.1.2002) by S.I. 2001/4005 , reg. 2(3)

16 Grant of authorisations.E+W+S

(1)In this section, unless a contrary intention appears, “authorisation” means an authorisation granted under section 13 or 14.

(2)F22. . ., the power to grant authorisations shall be exercisable by the [F23appropriate Agency].

F24(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any application for an authorisation shall be accompanied by the [F25charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995].

[(4A)Without prejudice to subsection (5), on any application for an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain, the appropriate Agency—

(a)shall consult the [F26Food Standards Agency] and the Health and Safety Executive before deciding whether to grant an authorisation on that application and, if so, subject to what limitations or conditions, and

(b)shall consult the [F27Food Standards Agency] concerning the terms of the authorisation, for which purpose that Agency shall, before granting any authorisation on that application, send [F27that Agency] a copy of any authorisation which it proposes so to grant.]

(5)Before granting an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from premises situated on a nuclear site, the [F23appropriate Agency][F28shall] consult with such local authorities, relevant water bodies or other public or local authorities as appear to [F28that Agency] to be proper to be consulted by [F28that Agency].

(6)On [F29 receipt of an application ], the [F23appropriate Agency] shall, subject to directions under section 25, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.

(7)An application for an authorisation [F30(other than an application for an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain)] which is duly made to the [F23appropriate Agency] may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.

(8)An authorisation may be granted—

(a)either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation, and

(b)subject to such limitations or conditions as the [F23appropriate Agency][F31thinks] fit.

(9)Where any authorisation is granted, the [F23 appropriate Agency]

[F32(a)shall furnish the person to whom the authorisation is granted with a certificate which contains all material particulars of the authorisation or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate—

(i)to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and

(ii)in the case of an authorisation to which subsection (5) applies, to any other public or local authority consulted in relation to the authorisation in accordance with that subsection.

(10)An authorisation shall have effect as from such date as may be specified in it; and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in subsection (9)(b), the [F23appropriate Agency]. . .—

(a)shall have regard to the time at which those copies may be expected to be sent, and

(b)shall fix a date appearing to [F33it] to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,

unless in [F33its] opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.

F34(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F22Words in s. 16(2) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 205(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F23Words in s. 16 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F24S. 16(3) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 205(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F25Words in s. 16(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F26Words in s. 16(4A)(a) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(2)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F27Words in s. 16(4A)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(2)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F28Words in s. 16(5) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F29Words in s. 16(6) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 2; S.I. 2004/1973, art. 2, Sch.

F30Words in s. 16(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F31Words in s. 16(8)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(8) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F33Words in s. 16(10) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(9)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C8S. 16(4A) amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 21 (with s. 38); S.I. 2000/1066, art. 2

16 Grant of authorisations.N.I.

(1)In this section, unless a contrary intention appears, “authorisation” means an authorisation granted under section 13 or 14.

(2)Subject to subsection (3), the power to grant authorisations shall be exercisable by the chief inspector.

(3)In England, Wales and Northern Ireland, the power to grant authorisations under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site shall be exercisable by the chief inspector and the appropriate Minister; and the disposal of radioactive waste on or from any such premises in England, Wales or Northern Ireland shall not be treated as authorised under section 13(1) unless it is so authorised by both the chief inspector and that Minister.

(4)Any application for an authorisation shall be accompanied by the prescribed fee.

(5)Before granting an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from premises situated on a nuclear site, the chief inspector and, where the premises are in England, Wales or Northern Ireland, the appropriate Minister shall each consult with such local authorities, relevant water bodies or other public or local authorities as appear to him to be proper to be consulted by him.

(6)On [F29 receipt of an application ], the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.

(7)An application for an authorisation (other than an application to which subsection (3) applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.

(8)An authorisation may be granted—

(a)either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation, and

(b)subject to such limitations or conditions as the chief inspector or, as the case may be, the chief inspector and the appropriate Minister think fit.

(9)Where any authorisation is granted, the chief inspector—

[F32(a)shall furnish the person to whom the authorisation is granted with a certificate which contains all material particulars of the authorisation or gives sufficient information as to the particulars to enable them to be ascertained, and]

(b)shall, subject to directions under section 25, send a copy of the certificate—

(i)to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and

(ii)in the case of an authorisation to which subsection (5) applies, to any other public or local authority consulted in relation to the authorisation in accordance with that subsection.

(10)An authorisation shall have effect as from such date as may be specified in it; and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in subsection (9)(b), the chief inspector or, as the case may be, the chief inspector and the appropriate Minister—

(a)shall have regard to the time at which those copies may be expected to be sent, and

(b)shall fix a date appearing to him or them to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,

unless in his or their opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.

Annotations:

Extent Information

E23This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F29Words in s. 16(6) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 2; S.I. 2004/1973, art. 2, Sch.

[F3516ATransfer of authorisationsE+W+S+N.I.

(1)This section applies where—

(a) a person (“ the transferor ”) holds an authorisation granted under section 13 in respect of the disposal of radioactive waste on or from premises situated on a nuclear site; and

(b) an application is made under this section for a transfer (in whole or in part) of that authorisation to another person (“ the transferee ”).

(2)An application under this section is one which—

(a)is made to the authorising authority jointly by the transferor and the transferee;

(b)is accompanied by the appropriate amount; and

(c)in the case of an application for a transfer relating to part only of the premises, identifies the part in question.

(3)The appropriate amount for the purposes of subsection (2) is—

(a)if the application is made to the appropriate Agency, the amount of the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and

(b)if it is made to the chief inspector, the prescribed fee.

(4)The authorising authority must, on receipt of the application (but subject to directions under section 25 and to subsection (6)), send a copy of the application to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the application relates.

(5)Before granting the application, the authorising authority must (subject to subsection (6)) consult everyone whom it would have been required to consult under section 16(4A) and (5) if—

(a)the transferee had applied for the grant of the authorisation that he would hold were the application to be granted; and

(b)in the case of a partial transfer, the transferor had applied for the grant (in place of his existing authorisation) of the authorisation he would hold in those circumstances.

(6)The authorising authority may proceed with the application without—

(a)sending a copy of the application to a local authority mentioned in subsection (4), or

(b)consulting an authority or body mentioned in section 16(5) about the proposed transfer,

if it appears to the authorising authority that arrangements for the disposal of radioactive waste are unlikely to be changed, as a result of the transfer, in a way that would be of interest to that authority or body.

(7)The authorising authority may grant the application if, and only if, it is satisfied—

(a)that the transferee has or will have operational control over the disposals to which the transferred authorisation will relate;

(b)that he is able and willing to ensure compliance with the limitations and conditions of the authorisation that he will hold if the application is granted; and

(c)that no other grounds exist on which it would be reasonable to refuse to grant the application.

(8)Where the authorising authority grants the application, it must—

(a)fix the date from which the transfer applied for is to have effect;

[F36(b)furnish the transferee with a certificate which contains all material particulars of the authorisation he holds as a result of the transfer or gives sufficient information as to the particulars to enable them to be ascertained;]

(c)in the case of a partial transfer, furnish the transferor with a similar certificate as respects the authorisation he holds as a result of the transfer; and

(d)subject to directions under section 25, send a copy of the certificate furnished to the transferee, and of any certificate furnished to the transferor—

(i)to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the certificate relates; and

(ii)to every person consulted about the transfer under so much of subsection (5) as requires consultation in accordance with section 16(5).

(9)The time fixed as the time from which the transfer is to have effect must be not less than twenty-eight days after the day (if any) on which the authorising authority, when it fixes that time, expects copies of the certificates mentioned in paragraph (d) of subsection (8) to be sent out in accordance with that paragraph.

(10)Subsection (9) does not apply if, in the opinion of the authorising authority, it is necessary for the transfer to have immediate effect or otherwise to be expedited.

(11) In this section “ authorising authority ”—

(a)in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and

(b)in relation to an authorisation having effect in Northern Ireland, means the chief inspector.]

Annotations:

Amendments (Textual)

17 Revocation and variation of authorisations.E+W+S

(1)The [F37appropriate Agency] may at any time revoke an authorisation granted under section 13 or 14.

(2)The [F37appropriate Agency] may at any time vary an authorisation granted under section 13 or 14—

(a)where the authorisation has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b)where the authorisation has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the authorisation.

[F38(2ZA)The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the authorisation.

(2ZB)But where an application for the variation of an authorisation is made by that person, it must be accompanied—

(a)in the case of an application made to the appropriate Agency, by the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and

(b)in the case of an application to the chief inspector, by the prescribed fee.]

[(2A)On any proposal to vary an authorisation granted under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain, the appropriate Agency—

(a)shall consult the [F39Food Standards Agency] and the Health and Safety Executive before deciding whether to vary the authorisation and, if so, whether by attaching, revoking or varying any limitations or conditions or by attaching further limitations or conditions, and

(b)shall consult the [F40Food Standards Agency] concerning the terms of any variation, for which purpose that Agency shall, before varying the authorisation, send [F40that Agency] a copy of any variations which it proposes to make.]

(3)Where any authorisation granted under section 13 or 14 is revoked or varied, the [F37appropriate Agency]

(a)shall give notice of the revocation or variation to the person to whom the authorisation was granted, and

(b)if a copy of the certificate of authorisation was sent to a public or local authority in accordance with section 16(9)(b), shall send a copy of the notice to that authority.

F41(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Extent Information

E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F37Words in s. 17 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F38S. 17(2ZA)(2ZB) inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 73, 198(2); S.I. 2004/1973, art. 2, Sch.

F39Words in s. 17(2A)(a) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(3)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F40Words in s. 17(2A)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(3)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F41S. 17(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 206(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C9S. 17(2A) amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 21 (with s. 38); S.I. 2000/1066, art. 2

17 Revocation and variation of authorisations.N.I.

(1)The chief inspector may at any time revoke an authorisation granted under section 13 or 14.

(2)The chief inspector may at any time vary an authorisation granted under section 13 or 14—

(a)where the authorisation has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b)where the authorisation has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the authorisation.

[F38(2ZA)The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the authorisation.

(2ZB)But where an application for the variation of an authorisation is made by that person, it must be accompanied—

(a)in the case of an application made to the appropriate Agency, by the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and

(b)in the case of an application to the chief inspector, by the prescribed fee.]

(3)Where any authorisation granted under section 13 or 14 is revoked or varied, the chief inspector—

(a)shall give notice of the revocation or variation to the person to whom the authorisation was granted, and

(b)if a copy of the certificate of authorisation was sent to a public or local authority in accordance with section 16(9)(b), shall send a copy of the notice to that authority.

(4)In relation to an authorisation granted by the chief inspector and the appropriate Minister, references in subsections (1) and (2) to the chief inspector shall have effect as references to the chief inspector and that Minister.

Annotations:

Extent Information

E24This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F38S. 17(2ZA)(2ZB) inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 73, 198(2); S.I. 2004/1973, art. 2, Sch.

[F4317AReview of authorisationsE+W+S+N.I.

(1)The authorising authority—

(a)must carry out periodic reviews of the limitations and conditions attached to each authorisation under section 13 or 14; and

(b)may, at any other time, carry out any such additional review of the limitations and conditions attached to an authorisation under either of those sections as it thinks fit.

(2)In this section—

Annotations:

Amendments (Textual)

18 Functions of public and local authorities in relation to authorisations under s. 13.E+W+S

(1)If, in considering an application for an authorisation under section 13, it appears to the [F44 appropriate Agency]. . . that the disposal of radioactive waste to which the application relates is likely to involve the need for special precautions to be taken by a local authority, relevant water body or other public or local authority, the [F44 appropriate Agency]. . . shall consult with that public or local authority before granting the authorisation.

(2)Where a public or local authority take any special precautions in respect of radioactive waste disposed of in accordance with an authorisation granted under section 13, and those precautions are taken—

(a)in compliance with the conditions subject to which the authorisation was granted, or

(b)with the prior approval of the [F44appropriate Agency]. . .as being precautions which in the circumstances ought to be taken by that public or local authority,

the public or local authority shall have power to make such charges, in respect of the taking of those precautions, as may be agreed between that authority and the person to whom the authorisation was granted, or as, in default of such agreement, may be determined by the [F44 appropriate Agency], and to recover the charges so agreed or determined from that person.

(3)Where an authorisation granted under section 13 requires or permits radioactive waste to be removed to a place provided by a local authority as a place for the deposit of refuse, it shall be the duty of that local authority to accept any radioactive waste removed to that place in accordance with the authorisation, and, if the authorisation contains any provision as to the manner in which the radioactive waste is to be dealt with after its removal to that place, to deal with it in the manner indicated in the authorisation.

Annotations:

Extent Information

E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F44Words in s. 18 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para.200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

18 Functions of public and local authorities in relation to authorisations under s. 13.N.I.

(1)If, in considering an application for an authorisation under section 13, it appears to the chief inspector (or, in a case where the power to grant the authorisation is exercisable by the chief inspector and the appropriate Minister, it appears to either the chief inspector or that Minister) that the disposal of radioactive waste to which the application relates is likely to involve the need for special precautions to be taken by a local authority, relevant water body or other public or local authority, the chief inspector or the appropriate Minister, as the case may be, shall consult with that public or local authority before granting the authorisation.

(2)Where a public or local authority take any special precautions in respect of radioactive waste disposed of in accordance with an authorisation granted under section 13, and those precautions are taken—

(a)in compliance with the conditions subject to which the authorisation was granted, or

(b)with the prior approval of the chief inspector (or, where the authorisation was granted by the chief inspector and the appropriate Minister, with the prior approval of either the chief inspector or that Minister) as being precautions which in the circumstances ought to be taken by that public or local authority,

the public or local authority shall have power to make such charges, in respect of the taking of those precautions, as may be agreed between that authority and the person to whom the authorisation was granted, or as, in default of such agreement, may be determined by the chief inspector, and to recover the charges so agreed or determined from that person.

(3)Where an authorisation granted under section 13 requires or permits radioactive waste to be removed to a place provided by a local authority as a place for the deposit of refuse, it shall be the duty of that local authority to accept any radioactive waste removed to that place in accordance with the authorisation, and, if the authorisation contains any provision as to the manner in which the radioactive waste is to be dealt with after its removal to that place, to deal with it in the manner indicated in the authorisation.

Annotations:

Extent Information

E25This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Further obligations relating to registration or authorisationE+W+S+N.I.

19 Duty to display documents.E+W+S+N.I.

At all times while—

(a)a person is registered in respect of any premises under section 7, or

(b)an authorisation granted in respect of any premises under section 13(1) or 14 is for the time being in force,

the person to whom the registration relates, or [F45 who holds the authorisation ], as the case may be, shall cause copies of the certificate of registration or authorisation issued to him under this Act to be kept posted on the premises, in such characters and in such positions as to be conveniently read by persons having duties on those premises which are or may be affected by the matters set out in the certificate.

Annotations:

Amendments (Textual)

F45Words in s. 19 substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 3; S.I. 2004/1973, art. 2, Sch.

20 Retention and production of site or disposal records.E+W+S

(1)The [F46appropriate Agency] may, by notice served on any person to whom a registration under section 7 or 10 relates or [F47 who holds an authorisation under section 13 or 14 ], impose on him such requirements authorised by this section in relation to site[F48, source transfer] or disposal records kept by that person as the [F46 appropriate Agency] may specify in the notice.

(2)The requirements that may be imposed on a person under this section in relation to site or disposal records are—

(a)to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation, or

(b)to furnish the [F46 appropriate Agency] with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation.

(3)F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section, in relation to a registration and the person registered or an authorisation and the person authorised—

Annotations:

Extent Information

E8This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F46Words in s. 20 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F47Words in s. 20(1) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 4; S.I. 2004/1973, art. 2, Sch.

F49S. 20(3) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 208, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

20 Retention and production of site or disposal records.N.I.

(1)The chief inspector may, by notice served on any person to whom a registration under section 7 or 10 relates or [F47 who holds an authorisation under section 13 or 14 ], impose on him such requirements authorised by this section in relation to site[F48, source transfer] or disposal records kept by that person as the chief inspector may specify in the notice.

(2)The requirements that may be imposed on a person under this section in relation to site or disposal records are—

(a)to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation, or

(b)to furnish the chief inspector with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation.

(3)In relation to authorisations under section 13 so far as the power to grant or revoke such authorisations is exercisable by the chief inspector and the appropriate Minister, references in subsections (1) and (2) of this section to the chief inspector shall be construed as references to the chief inspector and that Minister.

(4)In this section, in relation to a registration and the person registered or an authorisation and the person authorised—

Annotations:

Extent Information

E26This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F47Words in s. 20(1) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 4; S.I. 2004/1973, art. 2, Sch.

Enforcement notices and prohibition noticesE+W+S+N.I.

21 Enforcement notices.E+W+S

(1)Subject to the provisions of this section, if the [F51appropriate Agency] is of the opinion that a person to whom a registration under section 7 or 10 relates or [F52 who holds an authorisation under section 13 or 14 ]

(a)is failing to comply with any limitation or condition subject to which the registration or authorisation has effect, or

(b)is likely to fail to comply with any such limitation or condition,

[F53it] may serve a notice under this section on that person.

(2)A notice under this section shall—

(a)state that the [F51appropriate Agency] is of that opinion,

(b)specify the matters constituting the failure to comply with the limitations or conditions in question or the matters making it likely that such a failure will occur, as the case may be, and

(c)specify the steps that must be taken to remedy those matters and the period within which those steps must be taken.

F54(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where a notice is served under this section the [F51appropriate Agency]. . . shall—

(a)in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b)in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b)[F55 or 16A(8)(d) ],

send a copy of the notice to that authority.

Annotations:

Extent Information

E9This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F51Words in s. 21 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, S. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F53Word in s. 21(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 209(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F54S. 21(3) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, S. 120(1)(3), Sch. 22 para. 209(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

21 Enforcement notices.N.I.

(1)Subject to the provisions of this section, if the chief inspector is of the opinion that a person to whom a registration under section 7 or 10 relates or [F52 who holds an authorisation under section 13 or 14 ]

(a)is failing to comply with any limitation or condition subject to which the registration or authorisation has effect, or

(b)is likely to fail to comply with any such limitation or condition,

he may serve a notice under this section on that person.

(2)A notice under this section shall—

(a)state that the chief inspector is of that opinion,

(b)specify the matters constituting the failure to comply with the limitations or conditions in question or the matters making it likely that such a failure will occur, as the case may be, and

(c)specify the steps that must be taken to remedy those matters and the period within which those steps must be taken.

(3)In the case of an authorisation granted by the chief inspector and the appropriate Minister in accordance with section 16(3), the power to issue notices under this section shall be exercisable by the chief inspector or by that Minister as if references in subsections (1) and (2) to the chief inspector were references to the chief inspector or that Minister.

(4)Where a notice is served under this section the chief inspector or, where the notice is served by the appropriate Minister, that Minister shall—

(a)in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b)in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b)[F55 or 16A(8)(d) ],

send a copy of the notice to that authority.

Annotations:

Extent Information

E27This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

22 Prohibition notices.E+W+S

(1)Subject to the provisions of this section, if the [F56appropriate Agency] is of the opinion, as respects the keeping or use of radioactive material or of mobile radioactive apparatus, or the disposal or accumulation of radioactive waste, by a person in pursuance of a registration or authorisation under this Act, that the continuing to carry on that activity (or the continuing to do so in a particular manner) involves an imminent risk of pollution of the environment or of harm to human health, [F57it] may serve a notice under this section on that person.

(2)A notice under this section may be served whether or not the manner of carrying on the activity in question complies with any limitations or conditions to which the registration or authorisation in question is subject.

(3)A notice under this section shall—

(a)state the [F56appropriate Agency’s] opinion,

(b)specify the matters giving rise to the risk involved in the activity, the steps that must be taken to remove the risk and the period within which those steps must be taken, and

(c)direct that the registration or authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect.

(4)Where the registration or authorisation is not wholly suspended by the direction given under subsection (3), the direction may specify limitations or conditions to which the registration or authorisation is to be subject until the notice is withdrawn.

F58(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where a notice is served under this section the [F56appropriate Agency]. . . shall—

(a)in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b)in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b)[F59 or 16A(8)(d) ],

send a copy of the notice to that authority.

(7)The [F56 appropriate Agency]. . . shall, by notice to the recipient, withdraw a notice under this section when [F60that Agency] is satisfied that the risk specified in it has been removed; and on so doing [F60that Agency] shall send a copy of the withdrawal notice to any public or local authority to whom a copy of the notice under this section was sent.

Annotations:

Extent Information

E10This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F56Words in s. 22 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F57Word in s. 22(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 210(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F58S. 22(5) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 210(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F60Words in s. 22(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 210(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

22 Prohibition notices.N.I.

(1)Subject to the provisions of this section, if the chief inspector is of the opinion, as respects the keeping or use of radioactive material or of mobile radioactive apparatus, or the disposal or accumulation of radioactive waste, by a person in pursuance of a registration or authorisation under this Act, that the continuing to carry on that activity (or the continuing to do so in a particular manner) involves an imminent risk of pollution of the environment or of harm to human health, he may serve a notice under this section on that person.

(2)A notice under this section may be served whether or not the manner of carrying on the activity in question complies with any limitations or conditions to which the registration or authorisation in question is subject.

(3)A notice under this section shall—

(a)state the chief inspector’s opinion,

(b)specify the matters giving rise to the risk involved in the activity, the steps that must be taken to remove the risk and the period within which those steps must be taken, and

(c)direct that the registration or authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect.

(4)Where the registration or authorisation is not wholly suspended by the direction given under subsection (3), the direction may specify limitations or conditions to which the registration or authorisation is to be subject until the notice is withdrawn.

(5)In the case of an authorisation granted by the chief inspector and the appropriate Minister in accordance with section 16(3), the power to issue and withdraw notices under this section shall be exercisable by the chief inspector or by the appropriate Minister as if references in subsections (1) and (3) to the chief inspector were references to the chief inspector or that Minister.

(6)Where a notice is served under this section the chief inspector or, where the notice is served by the appropriate Minister, that Minister shall—

(a)in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b)in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b)[F59 or 16A(8)(d) ],

send a copy of the notice to that authority.

(7)The chief inspector or, where the notice was served by the appropriate Minister, that Minister shall, by notice to the recipient, withdraw a notice under this section when he is satisfied that the risk specified in it has been removed; and on so doing he shall send a copy of the withdrawal notice to any public or local authority to whom a copy of the notice under this section was sent.

Annotations:

Extent Information

E28This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

Powers of Secretary of State in relation to applications etc.E+W+S+N.I.

23 Power of Secretary of State to give directions to [F61appropriate Agency].E+W+S

(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[F62 or for the transfer (in whole or in part) or variation of an authorisation ], or

(c)any such registration or authorisation,

give directions to the [F61 appropriate Agency] requiring [F63it] 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 [F61appropriate Agency] so to exercise [F63its] powers under this Act as—

(a)to refuse an application for registration or authorisation[F64 or for the transfer (in whole or in part) or variation of an 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

[F65(ca)to grant an application for the transfer (in whole or in part) of an authorisation, or

(cb)to carry out a review under section 17A, 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 [F61appropriate Agency], as respects any registration or authorisation, requiring [F63it] 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 [F61appropriate Agency] 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.

F66(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F67(6)In Northern Ireland, where the Department of the Environment gives directions to the chief inspector under this section for the purpose of implementing provisions of the HASS Directive the following requirements apply—

(a)any direction shall be published in such manner as the Department considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by it;

(b)copies of a direction shall be made available to the public;

(c)notice of a direction and of where a copy may be obtained shall be given in the Belfast Gazette;

(d)a direction shall be given only after consultation with the chief inspector; and

(e)no direction shall be varied or revoked unless, notwithstanding the variation or revocation, the provisions of the HASS Directive as they have effect for the time being which were implemented by that direction, continue to be implemented, whether by directions or any other instrument or by any enactment.]

Annotations:

Extent Information

E11This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F61Words in s. 23 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F62Words in s. 23(1)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 7(1); S.I. 2004/1973, art. 2, Sch.

F63Words in s. 23(1)(2)(3) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s.120(1) Sch. 22 para. 211(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F64Words in s. 23(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 7(2); S.I. 2004/1973, art. 2, Sch.

23 Power of Secretary of State to give directions to chief inspector.N.I.

(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[F62 or for the transfer (in whole or in part) or variation of an authorisation ], 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[F64 or for the transfer (in whole or in part) or variation of an 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

[F65(ca)to grant an application for the transfer (in whole or in part) of an authorisation, or

(cb)to carry out a review under section 17A, 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.

[F67(6)In Northern Ireland, where the Department of the Environment gives directions to the chief inspector under this section for the purpose of implementing provisions of the HASS Directive the following requirements apply—

(a)any direction shall be published in such manner as the Department considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by it;

(b)copies of a direction shall be made available to the public;

(c)notice of a direction and of where a copy may be obtained shall be given in the Belfast Gazette;

(d)a direction shall be given only after consultation with the chief inspector; and

(e)no direction shall be varied or revoked unless, notwithstanding the variation or revocation, the provisions of the HASS Directive as they have effect for the time being which were implemented by that direction, continue to be implemented, whether by directions or any other instrument or by any enactment.]

Annotations:

Extent Information

E29This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F62Words in s. 23(1)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 7(1); S.I. 2004/1973, art. 2, Sch.

F64Words in s. 23(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 7(2); S.I. 2004/1973, art. 2, Sch.

24 Power of Secretary of State to require certain applications to be determined by him.E+W+S

(1)The Secretary of State may—

(a)give general directions to the [F68appropriate Agency] requiring [F69it] to refer applications under this Act for registrations [F70 , authorisations, transfers or variations ] of any description specified in the directions to the Secretary of State for his determination, and

(b)give directions to the [F68appropriate Agency] in respect of any particular application requiring [F69it] 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 M4Local 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 M5Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c)in Northern Ireland, Schedule 8 to the M6Health 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 [F68appropriate Agency] directions under section 23 as to the steps to be taken by [F69it] in respect of the application.

F71(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations:

Extent Information

E12This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F68Words in s. 24 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200, (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F69Words in s. 24(1)(4) substituted (E.W.S.) (1.4.1996) by 1996 c. 25, s. 120(1), Sch. 22 para. 212(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F70Word in s. 24(1)(a) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 8; S.I. 2004/1973, art. 2, Sch.

Marginal Citations

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

(1)The Secretary of State may—

(a)give general directions to the chief inspector requiring him to refer applications under this Act for registrations [F70 , authorisations, transfers or variations ] 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 M59Local 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 M60Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c)in Northern Ireland, Schedule 8 to the M61Health 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.

Annotations:

Extent Information

E30This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F70Word in s. 24(1)(a) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 8; S.I. 2004/1973, art. 2, Sch.

Marginal Citations

25 Power of Secretary of State to restrict knowledge of applications etc.E+W+S

(1)The Secretary of State may direct the [F72appropriate Agency] that in his opinion, on grounds of national security, it is necessary that knowledge of [F73such information as may be specified or described in the directions, being information contained in or relating to]

(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 F74. . . may direct the [F72appropriate Agency] that in his F74. . . opinion, on grounds of national security, it is necessary that knowledge of [F75such information as may be specified or described in the directions, being information contained in or relating to]

(a)any particular application for authorisation under section 13 or 14[F76 or for the transfer (in whole or in part) or variation of an authorisation ] 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 [F72appropriate Agency] that an application, registration or authorisation is the subject of any directions under this section, the [F72appropriate Agency] shall not send a copy of [F77so much of] the application or the certificate of registration or authorisation[F78 or notice of variation ] [F77as contains the information specified or described in the directions]

(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[F79 16A or 17 ].

[F80(3A)No direction under this section shall affect—

(a)any power or duty of the Agency to which it is given to consult [F81the Food Standards Agency]; or

(b)the information which is to be sent by that Agency to [F81the Food Standards Agency].]

(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.

F82(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Extent Information

E13This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F72Words in s. 25 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F73Words in s. 25(1) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(1) (with ss.7(6), 115, 117); S.I. 1995/1983, art. 2

F74Words in s. 25(2) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 213(2)(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F75Words in s. 25(2) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(2)(b) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F76Words in s. 25(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(1); S.I. 2004/1973, art. 2, Sch.

F77Words in s. 25(3) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(3) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F78Words in s. 25(3) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(a); S.I. 2004/1973, art. 2, Sch.

F79Words in s. 25(3)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(b); S.I. 2004/1973, art. 2, Sch.

F80S. 25(3A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F81Words in S. 25(3A) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 43(1)(5)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C10S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1

C11S. 25: functions of a Minister of the Crown, so far as they are exercisable by him in or as regards Scotland, now exercisable (1.7.1999) by the Scottish Ministers concurrently with the Minister concerned and only after consultation with the Secretary of State by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7)

25 Power of Secretary of State to restrict knowledge of applications etc.N.I.

(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[F76 or for the transfer (in whole or in part) or variation of an authorisation ] 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[F78 or notice of variation ]

(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[F79 16A or 17 ].

(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.

Annotations:

Extent Information

E31This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F76Words in s. 25(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(1); S.I. 2004/1973, art. 2, Sch.

F78Words in s. 25(3) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(a); S.I. 2004/1973, art. 2, Sch.

F79Words in s. 25(3)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(b); S.I. 2004/1973, art. 2, Sch.

Modifications etc. (not altering text)

C16S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by the National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1

AppealsE+W+S+N.I.

26 Registrations, authorisations and notices: appeals from decisions of [F83appropriate Agency].E+W+S

(1)Where the [F83appropriate Agency]

(a)refuses an application for registration under section 7 or 10, or refuses an application for an authorisation under section 13 or 14,

[F84(aa)refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,]

(b)attaches any limitations or conditions to such a registration or to such an authorisation, or

(c)varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

(d)cancels such a registration or revokes such an authorisation,

the person directly concerned may, subject to subsection (3), appeal to the Secretary of State.

(2)A person on whom a notice under section 21 or 22 is served may, subject to subsections (3) and (4), appeal against the notice to the Secretary of State.

(3)No appeal shall lie—

F85(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)under subsection (1) or (2) in respect of any decision taken by the [F83 appropriate Agency] in pursuance of a direction of the Secretary of State under section 23 or 24.

(4)No appeal shall lie under subsection (2) in respect of any notice served in F86. . . Northern Ireland by the appropriate Minister in exercise of the power under section 21 or 22.

(5)In this section “the person directly concerned” means—

(a)in relation to a registration under section 7 or 10, the person applying for the registration or to whom the registration relates;

(b)in relation to an authorisation under section 13 or 14, the person applying for the authorisation or to whom it was granted;

[F87(c)in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;

(d)in relation to an application for a variation under section 17, the person applying for the variation.]

and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions to it either in effecting or granting it or in exercising any power to vary it.

F88(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)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.

Annotations:

Extent Information

E14This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F83Words in s. 26 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F85S. 26(3)(a) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 214(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F86Words in s. 26(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 214(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C12S. 26: power to delegate functions conferred (E.W.S.) (1.4.1996) by 1995 c.25, s. 114(2)(a)(vi) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

26 Registrations, authorisations and notices: appeals from decisions of chief inspector.N.I.

(1)Where the chief inspector—

(a)refuses an application for registration under section 7 or 10, or refuses an application for an authorisation under section 13 or 14,

[F84(aa)refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,]

(b)attaches any limitations or conditions to such a registration or to such an authorisation, or

(c)varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

(d)cancels such a registration or revokes such an authorisation,

the person directly concerned may, subject to subsection (3), appeal to the Secretary of State.

(2)A person on whom a notice under section 21 or 22 is served may, subject to subsections (3) and (4), appeal against the notice to the Secretary of State.

(3)No appeal shall lie—

(a)under subsection (1) in relation to authorisations which are subject to section 16(3);

(b)under subsection (1) or (2) in respect of any decision taken by the chief inspector in pursuance of a direction of the Secretary of State under section 23 or 24.

(4)No appeal shall lie under subsection (2) in respect of any notice served in England, Wales or Northern Ireland by the appropriate Minister in exercise of the power under section 21 or 22.

(5)In this section “the person directly concerned” means—

(a)in relation to a registration under section 7 or 10, the person applying for the registration or to whom the registration relates;

(b)in relation to an authorisation under section 13 or 14, the person applying for the authorisation or to whom it was granted;

[F87(c)in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;

(d)in relation to an application for a variation under section 17, the person applying for the variation.]

and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions to it either in effecting or granting it or in exercising any power to vary it.

(6)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.

Annotations:

Extent Information

E32This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

27 Procedure on appeals unders. 26.E+W+S

(1)The Secretary of State may refer any matter involved in an appeal under section 26 [F89other than appeals against any decision of, or notice served by, SEPA,] to a person appointed by him for the purpose.

[F90(1A)As respects an appeal against any decision of, or notice served by, SEPA, this section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).]

(2)An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.

(3)If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

(4)On determining an appeal from a decision of the [F91appropriate Agency] under section 26 the Secretary of State—

(a)may affirm the decision,

(b)where that decision was the refusal of an application, may direct the [F91appropriate Agency] to grant the application,

(c)where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or

(d)where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,

and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) he may give directions to the [F91 appropriate Agency] as to the limitations and conditions to be attached to the registration or authorisation in question.

(5)On the determination of an appeal in respect of a notice under section 26(2), the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.

(6)The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.

(7)The Secretary of State may by regulations make provision with respect to appeals under section 26 (including in particular provision as to the period within which appeals are to be brought).

F92(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)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.

Annotations:

Extent Information

E15This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F89Words in s. 27(1) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 215(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F90S. 27(1A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 215(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F91Words in s. 27 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

27 Procedure on appeals unders. 26.N.I.

(1)The Secretary of State may refer any matter involved in an appeal under section 26 to a person appointed by him for the purpose.

(2)An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.

(3)If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

(4)On determining an appeal from a decision of the chief inspector under section 26 the Secretary of State—

(a)may affirm the decision,

(b)where that decision was the refusal of an application, may direct the chief inspector to grant the application,

(c)where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or

(d)where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,

and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) he may give directions to the chief inspector as to the limitations and conditions to be attached to the registration or authorisation in question.

(5)On the determination of an appeal in respect of a notice under section 26(2), the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.

(6)The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.

(7)The Secretary of State may by regulations make provision with respect to appeals under section 26 (including in particular provision as to the period within which appeals are to be brought).

(8)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.

Annotations:

Extent Information

E33This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[F9328 Representations in relation to authorisations and notices where appropriate Minister is concerned.N.I.

(1)Before the chief inspector and the appropriate Minister—

(a)refuse an application for an authorisation under section 13, or

(b)attach any limitations or conditions to such an authorisation, or

(c)vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

(d)revoke such an authorisation,

the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and that Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and that Minister.

(2)In subsection (1)—

(a)the person directly concerned ”, in relation to an authorisation under section 13, means the person applying for the authorisation or the person to whom the authorisation was granted, as the case may be, and

(b)any reference to attaching limitations or conditions to such an authorisation is a reference to attaching limitations or conditions to it either in granting the authorisation or in the exercise of any power to vary it.

(3)The appropriate Minister shall afford to any person—

(a)on whom he has served a notice under section 21 or 22, and

(b)who requests a hearing within the prescribed period,

an opportunity to appear before and be heard by a person appointed by him for the purpose.

(4)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.]

Annotations:

Amendments (Textual)

F93S. 28 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 216, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Further powers of Secretary of State in relation to radioactive wasteE+W+S+N.I.

29 Provision of facilities for disposal or accumulation of radioactive waste.E+W+S+N.I.

(1)If it appears to the Secretary of State that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the Secretary of State may provide such facilities, or may arrange for their provision by such persons as the Secretary of State may think fit.

(2)Where, in the exercise of the power conferred by this section, the Secretary of State proposes to provide, or to arrange for the provision of, a place for the disposal or accumulation of radioactive waste, the Secretary of State, before carrying out that proposal, shall consult with any local authority in whose area that place would be situated, and with such other public or local authorities (if any) as appear to him to be proper to be consulted by him.

(3)The Secretary of State may make reasonable charges for the use of any facilities provided by him, or in accordance with arrangements made by him, under this section, or, in the case of facilities provided otherwise than by the Secretary of State, m ay direct that reasonable charges for the use of the facilities may be made by the person providing them in accordance with any such arrangements.

(4)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.

30 Power of Secretary of State to dispose of radioactive waste.E+W+S

(1)If there is radioactive waste on any premises, and [F94 the appropriate Agency] is satisfied that—

(a)the waste ought to be disposed of, but

(b)by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless [F94that Agency] exercises [F94its] powers under this section,

[F94that Agency] shall have power to dispose of that radioactive waste as [F94that Agency] may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by [F94that Agency] in disposing of it.

(2)In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

(3)For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the M7Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—

(a)with the substitution in section 294 for references to a council of references to the [F95Environment Agency] or, in Northern Ireland, the Department of the Environment for Northern Ireland, and

(b)in relation to Northern Ireland, as if that Act extended to Northern Ireland.

(4)For the purposes of this section in its application to Scotland, the definition of “owner” in section 3 of the M8Public Health (Scotland) Act 1897 and the provisions of section 336 of the M9Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to [F96SEPA] for references to a local authority.

Annotations:

Extent Information

E16This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F94Words in s. 30(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(2)(a)(b)(c) (with ss. 7(6), 117); S. I. 1996/186, art. 3

F95Words in s. 30(3) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(3) (with ss. 7(6), 117); S. I. 1996/186, art. 3

F96Words in s. 30(4) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(4) (with ss. 7(6), 117); S. I. 1996/186, art. 3

Modifications etc. (not altering text)

C13S. 30(1): functions of the Secretary of State transferred (E.W.) (1.4.1996) to the Environment Agency by 1995 c. 25, s. 2(1)(h)(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C14S. 30(1): functions of the Secretary of State transferred (S.) (12.10.1995) to the Scottish Environment Protection Agency by 1995 c. 25, s. 21(1)(i)(2)(d) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Marginal Citations

30 Power of Secretary of State to dispose of radioactive waste.N.I.

(1)If there is radioactive waste on any premises, and the Secretary of State is satisfied that—

(a)the waste ought to be disposed of, but

(b)by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the Secretary of State exercises his powers under this section,

the Secretary of State shall have power to dispose of that radioactive waste as the Secretary of State may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by the Secretary of State in disposing of it.

(2)In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

(3)For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the M62Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—

(a)with the substitution in section 294 for references to a council of references to the Secretary of State or, in Northern Ireland, the Department of the Environment for Northern Ireland, and

(b)in relation to Northern Ireland, as if that Act extended to Northern Ireland.

(4)For the purposes of this section in its application to Scotland, the definition of “owner” in section 3 of the M63Public Health (Scotland) Act 1897 and the provisions of section 336 of the M64Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to the Secretary of State for references to a local authority.

Annotations:

Extent Information

E34This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Marginal Citations

[F9730A.Recovery and disposal of orphan sourcesE+W+S+N.I.

(1)The appropriate Agency shall be prepared or have made provision, including assignment of responsibilities, to recover any orphan source and shall have drawn up appropriate response plans and measures.

(2)The appropriate Agency shall have the power to recover any expenses reasonably incurred by it (or by a person on its behalf) in the recovery and disposal of an orphan source from the holder of that source or from the occupier or owner of the premises where the source is located.

(3)For the purposes of paragraph (2), “holder” means the person who is or is required to be registered or authorised under this Act in relation to that orphan source.

(4)If the relevant person thinks fit, the relevant person may make available to the appropriate Agency a sum or sums of money in respect of costs and expenses incurred or to be incurred by the appropriate Agency (or by a person on its behalf) in relation to the recovery and disposal of orphan sources where—

(a)the amount of such costs and expenses exceeds or is expected to exceed any reasonable provision for such costs and expenses made by the appropriate Agency, and

(b)the making available of such sum or sums is necessary to enable the recovery and disposal of any orphan source.

(5)In subsection (4), “relevant person” means—

(a)in relation to England, the Secretary of State,

(b)in relation to Wales, the National Assembly for Wales,

(c)in relation to Scotland, the Scottish Ministers, and

(d)in relation to Northern Ireland, the Department of the Environment.

(6)In the application of this section to Northern Ireland a reference to the appropriate Agency must be taken to be a reference to the chief inspector.]

Rights of entryE+W+S+N.I.

[F9831 Rights of entry and inspection.N.I.

(1)Any person who is either an inspector appointed under section 4 or a person authorised in that behalf by the Secretary of State (in this section referred to as an “inspector”) may, for the purposes of the execution of this Act,—

(a)enter, at any reasonable time or, in an emergency, at any time, upon any premises to which this subsection applies, with such equipment as the inspector may require,

(b)carry out such tests (including dismantling and subjecting to any process) and inspections and take such photographs on any such premises, and obtain and take away such samples from the premises, as the inspector may consider necessary or expedient,

(c)give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purpose of any tests or inspections, and

(d)require the occupier of any such premises, or any person with duties on or in connection with the premises, to provide the inspector with such facilities and assistance and such information relating to the use of the premises, or to permit him to inspect such documents relating thereto, as the inspector may require, and in the case of answers to his questions, to sign a declaration of the truth of the answers.

(2)Subsection (1) applies—

(a)to any premises in respect of which a person is for the time being registered under section 7,

(b)to any premises in respect of which a person is exempted from such registration by section 8(1), and

(c)to any premises in respect of which an authorisation granted under section 13(1) or 14 is for the time being in force.

(3)In relation to premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsection (1) shall have effect subject to section 6(3) of the M10Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the M11Official Secrets Act 1911).

(4)Where an inspector has reasonable grounds for believing—

(a)that radioactive material has been or is being kept or used on any premises to which subsection (1) does not apply, or

(b)that radioactive waste has been or is being disposed of or accumulated on or from any such premises,

the inspector may exercise, in relation to those premises, any of the powers which are conferred by subsection (1) in relation to premises to which that subsection applies, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(5)Any person authorised in that behalf by the Secretary of State may at any reasonable time enter upon any premises for the purpose of disposing of radioactive waste in the exercise of the powers conferred by section 30, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(6)Subject to subsection (7), no power shall be exercisable by virtue of subsection (4) or (5) in respect of any premises except—

(a)with consent given by or on behalf of the occupier of the premises, or

(b)under the authority of a warrant granted under the provisions of Schedule 2, or

(c)where entry is required in a case of emergency.

(7)Subsection (6) does not apply in respect of—

(a)premises in respect of which—

(i)a person has been (but is no longer) registered under section 7, or

(ii)an authorisation has been (but is no longer) in force under section 13(1) or 14, or

(b)premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or is being kept or used.

(8)In England, subject to section 6(3) of the M12Atomic Energy Authority Act 1954, any person who is either an inspector appointed under section 5 of this Act or a person authorised in that behalf by the Minister of Agriculture, Fisheries and Food may, for the purposes of the execution of this Act in relation to any premises situated on a nuclear site, exercise in relation to any such premises (but not in relation to any other premises) any of the powers conferred by paragraphs (a) to (d) of subsection (1) of this section, as if references in those paragraphs to an inspector included a reference to a person appointed or authorised as mentioned in this subsection.

(9)An inspector appointed under section 4 or 5 shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(10)The provisions of Schedule 2 shall have effect for the purposes of this section.

(11)In this section any reference to a case of emergency is a reference to a case where a person requiring entry to any premises in pursuance of this section has reasonable cause to believe—

(a)that circumstances exist which are likely to endanger life or health, and

(b)that immediate entry to the premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

(12)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)subsection (8) shall apply as it applies in England, but as if the reference to the Minister of Agriculture, Fisheries and Food were a reference to the Department of Agriculture for Northern Ireland.]

Annotations:

Amendments (Textual)

Marginal Citations

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 [F99 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 [F100 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.

[F101(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:

Amendments (Textual)

F101S. 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

[F102(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:

Amendments (Textual)

[F10334A 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[F104 , 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 [F105 , 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:

Amendments (Textual)

F103S. 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

[F10635 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:

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,

[F107(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 M13Prosecution of Offences (Northern Ireland) Order 1972.

Annotations:

Amendments (Textual)

F107S. 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

Public access to documents and recordsE+W+S+N.I.

39 Public access to documents and records.E+W+S

(1)The [F108 appropriate Agency] shall keep copies of—

(a)all applications made to [F109it] under any provision of this Act,

(b)all documents issued by [F109it] under any provision of this Act,

(c)all other documents sent by [F109it] to any local authority in pursuance of directions of the Secretary of State, and

(d)such records of convictions under section 32, 33, 34 or 35 as may be prescribed in regulations;

and [F109the appropriate Agency] shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret or would involve the disclosure of [F110information] as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security.

(2)Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the [F108appropriate Agency]. . . that all or any part of any such document is not to be available for inspection.

(3)Directions under subsection (2) shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets and may be given generally in respect of all, or any description of, documents or in respect of specific documents.

(4)The copies of documents required to be made available to the public by this section need not be kept in documentary form.

(5)The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document.

(6)In this section “relevant process” has the same meaning as in section 34.

(7)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.

Annotations:

Extent Information

E17This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F108Words in s. 39 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F109Words in s. 39(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 223(1)(a)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F110Words in s. 39(1) substituted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 223(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

Modifications etc. (not altering text)

C15S. 39(1): functions of a Minister of the Crown, so far as they are exercisable by him in or as regards Scotland, now exercisable(1.7.1999) by the Scottish Ministers concurrently with the Minister concerned and only after consultation with the Secretary of State by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7)

39 Public access to documents and records.N.I.

(1)The chief inspector shall keep copies of—

(a)all applications made to him under any provision of this Act,

(b)all documents issued by him under any provision of this Act,

(c)all other documents sent by him to any local authority in pursuance of directions of the Secretary of State, and

(d)such records of convictions under section 32, 33, 34 or 35 as may be prescribed in regulations;

and he shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret or would involve the disclosure of applications or certificates as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security.

(2)Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the chief inspector or, as the case may be, the appropriate Minister and the chief inspector, that all or any part of any such document is not to be available for inspection.

(3)Directions under subsection (2) shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets and may be given generally in respect of all, or any description of, documents or in respect of specific documents.

(4)The copies of documents required to be made available to the public by this section need not be kept in documentary form.

(5)The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document.

(6)In this section “relevant process” has the same meaning as in section 34.

(7)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.

Annotations:

Extent Information

E35This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Operation of other statutory provisionsE+W+S+N.I.

40 Radioactivity to be disregarded for purposes of certain statutory provisions.E+W+S+N.I.

(1)For the purposes of the operation of any statutory provision to which this section applies, and for the purposes of the exercise or performance of any power or duty conferred or imposed by, or for the enforcement of, any such statutory provision, no account shall be taken of any radioactivity possessed by any substance or article or by any part of any premises.

(2)This section applies—

(a)to any statutory provision contained in, or for the time being having effect by virtue of, any of the enactments specified in Schedule 3, or any enactment for the time being in force whereby an enactment so specified is amended, extended or superseded, and

(b)to 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 this Act (in whatever terms the provision is expressed) in so far as—

(i)the disposal or accumulation 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 [F111the Environmental Agency or SEPA or on] any local authority, relevant water body or other public or local authority, or on any officer of a public or local authority, to take any action (whether by way of legal proceedings or otherwise) for preventing, restricting or abating such disposals or accumulations as are mentioned in sub-paragraph (i).

(3)In this section—

and 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.

(4)The references to provisions of the M15Water Resources Act 1991 in Part I of Schedule 3 shall have effect subject to the power c onferred by section 98 of that Act.

Annotations:

Amendments (Textual)

F111Words in s. 40(2)(b)(ii) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 224 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

GeneralE+W+S+N.I.

41 Service of documents.E+W+S+N.I.

(1)Any notice required or authorised by or under this Act to be served on or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(2)Any such notice may—

(a)in the case of a body corporate, be served on or given to the secretary or clerk of that body;

(b)in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business.

(3)For the purposes of this section and of section 7 of the M16Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that—

(a)in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

(b)in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

(4)If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (3) as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the M17Interpretation Act 1978 as his proper address.

(5)The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.

Annotations:

Marginal Citations

42 Application of Act to Crown.E+W+S

(1)Subject to the following provisions of this section, the provisions of this Act shall bind the Crown.

(2)Subsection (1) does not apply in relation to premises—

(a)occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

(b)occupied by or for the purposes of a visiting force.

(3)No contravention by the Crown of any provision of this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4)Notwithstanding anything in subsection (3), the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

F112(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where, in the case of any such premises as are mentioned in subsection (2)—

(a)arrangements are made whereby radioactive waste is not to be disposed of from those premises except with the approval of the [F113appropriate Agency], and

(b)in pursuance of those arrangements the [F113appropriate Agency] proposes to approve, or approves, the removal of radioactive waste from those premises to a place provided by a local authority as a place for the deposit of refuse,

the provisions of section 18 shall apply as if the proposal to approve the removal of the waste were an application for an authorisation under section 13 to remove it, or (as the case may be) the approval were such an authorisation.

(7)Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M18Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

(8)In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M19Visiting Forces Act 1952.

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

(a)references to the Crown shall include references to the Crown in right of Her Majesty’s Government in Northern Ireland, and

(b)the reference in subsection (5) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Annotations:

Extent Information

E18This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F113Words in s. 42 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

42 Application of Act to Crown.N.I.

(1)Subject to the following provisions of this section, the provisions of this Act shall bind the Crown.

(2)Subsection (1) does not apply in relation to premises—

(a)occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

(b)occupied by or for the purposes of a visiting force.

(3)No contravention by the Crown of any provision of this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4)Notwithstanding anything in subsection (3), the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

(5)If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by section 31 should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

(6)Where, in the case of any such premises as are mentioned in subsection (2)—

(a)arrangements are made whereby radioactive waste is not to be disposed of from those premises except with the approval of the chief inspector, and

(b)in pursuance of those arrangements the chief inspector proposes to approve, or approves, the removal of radioactive waste from those premises to a place provided by a local authority as a place for the deposit of refuse,

the provisions of section 18 shall apply as if the proposal to approve the removal of the waste were an application for an authorisation under section 13 to remove it, or (as the case may be) the approval were such an authorisation.

(7)Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M65Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

(8)In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M66Visiting Forces Act 1952.

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

(a)references to the Crown shall include references to the Crown in right of Her Majesty’s Government in Northern Ireland, and

(b)the reference in subsection (5) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Annotations:

Extent Information

E36This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Marginal Citations

[F11443 Fees and charges.N.I.

(1)The Secretary of State may, with the approval of the Treasury, make and from time to time revise, a scheme prescribing—

(a)fees payable in respect of applications for registration under section 7 or 10 or an authorisation under section 13 or 14;

(b)fees payable in respect of the variation of the registration under section 12 or, as the case may be, in respect of the variation of the authorisation under section 17;

(c)charges payable by a person to whom such a registration relates or to whom such an authorisation has been granted in respect of the subsistence of that registration or authorisation;

and it shall be a condition of any such registration or authorisation that any applicable prescribed charge is paid in accordance with that scheme.

(2)The power to make and revise a scheme under this section, so far as it relates to, or to applications for, authorisations under section 13 which may only be granted by the chief inspector and the Minister of Agriculture, Fisheries and Food shall not be exercisable without the consent of the Minister of Agriculture, Fisheries and Food.

(3)A scheme under this section may, in particular—

(a)provide for different fees or charges to be payable in different cases or circumstances, and

(b)provide for the times at which and the manner in which payments are to be made;

and a scheme may make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate and different schemes may be made and revised for different areas.

(4)The Secretary of State shall so frame a scheme under this section as to secure, so far as practicable, that the amounts payable under it are sufficient, taking one financial year with another, to cover—

(a)the expenditure of the chief inspector and the Minister of Agriculture, Fisheries and Food in exercising their functions under this Act in relation to registrations and authorisations,

(b)the expenditure of the Secretary of State in exercising in relation to Wales such of his functions under this Act in relation to registrations and authorisations as are exercised by the Minister of Agriculture, Fisheries and Food in relation to England.

(5)The Secretary of State shall, on making or revising a scheme under this section, lay a copy of the scheme or of the revisions before each House of Parliament.

(6)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,

(b)references to the Minister of Agriculture, Fisheries and Food shall have effect as references to the Department of Agriculture for Northern Ireland,

(c)the reference to the Treasury shall have effect as a reference to the Department of Finance and Personnel in Northern Ireland,

(d)the reference to each House of Parliament shall have effect as a reference to the Northern Ireland Assembly, and

(e)subsection (4)(b) shall be omitted.]

Annotations:

Amendments (Textual)

44 Regulations and orders: Great Britain.E+W+S

(1)The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.

(2)For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Secretary of State may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.

(3)Any power conferred by this Act to make regulations or orders shall be exercisable by statutory instrument.

(4)Any statutory instrument containing regulations or an order made under this Act, other than an order under Schedule 5, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)This section does not extend to Northern Ireland.

45 Regulations and orders: Northern Ireland.N.I.

(1)The Department of the Environment for Northern Ireland may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.

(2)For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Department of the Environment for Northern Ireland may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.

(3)Any power conferred by this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the M20Statutory Rules (Northern Ireland) Order 1979.

(4)Any regulations or orders made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the M21Interpretation Act (Northern Ireland) 1954.

(5)This section extends to Northern Ireland only.

Annotations:

Marginal Citations

46 Effect of Act on other rights and duties.E+W+S+N.I.

Subject to the provisions of section 40 of this Act, and of section 18 of the M22Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Act shall be construed as—

(a)conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Act, or

(b)affecting any restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act, or

(c)derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

Annotations:

Marginal Citations

M221978 s. 30.

47 General interpretation provisions.E+W+S+N.I.

(1)In this Act, except in so far as the context otherwise requires—

[F120(aa)in Wales, the council of a county or county borough;]

(b)in Scotland, a [F121council constituted under section 2 of the Local Government etc. (Scotland) Act 1994], and

(c)in Northern Ireland, a district council,

(2)The Secretary of State may by order substitute for the period for the time being specified in subsection (1) as the prescribed period for determinations such other period as he considers appropriate.

(3)In determining, for the purposes of this Act, whether any radioactive material is kept or used on any premises, no account shall be taken of any radioactive material kept or used in or on any railway vehicle, road vehicle, vessel or aircraft if either—

(a)the vehicle, vessel or aircraft is on those premises in the course of a journey, or

(b)in the case of a vessel which is on those premises otherwise than in the course of a journey, the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.

(4)Any substance or article which, in the course of the carrying on of any undertaking, is discharged, discarded or otherwise dealt with as if it were waste shall, for the purposes of this Act, be presumed to be waste unless the contrary is proved.

(5)Any reference in this Act to the contamination of a substance or article is a reference to its being so affected by either or both of the following, that is to say,—

(a)absorption, admixture or adhesion of radioactive material or radioactive waste, and

(b)the emission of neutrons or ionising radiations,

as to become radioactive or to possess increased radioactivity.

[F128(5A)A reference in this Act to the keeping or use of radioactive material means, in relation to a high-activity source, any practice in relation to that source except the disposal or accumulation of the source: and “practice” must be construed in accordance with 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 ionising radiation.]

(6)In the application of this section to Northern Ireland, the reference in subsection (2) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Annotations:

Amendments (Textual)

F115In s. 47(1) in the definition of “the appropriate Minster” paras. (a)(b) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 227(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F116Definition in s. 47(1) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 227(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F117In s. 47(1) in the definition of “the chief inspector” paras. (a)(b) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 227(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F119Words in s. 47(1) in the definition of “local authority” in para. (a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 102(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F120S. 47(1) in the definition of “local authority” para. (aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 102(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F121Words in s. 47(1) in the definition of “local authority” in para. (b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 181(a) (with s. 128(8)); S.I. 1996/323, art. 4

F123Words in s. 47(1) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 13; S.I. 2004/1973, art. 2, Sch.

F124Words in s. 47(1) in the definition of “relevant water body” repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 227(6), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F127Definition in s. 47(1) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 227(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

48 Index of defined expressions.E+W+S+N.I.

The following Table shows provisions defining or otherwise explaining expressions for the purposes of this Act—

[F129the appropriate Agency][F129section 47(1)]
the appropriate Ministersection 47(1)
articlesection 47(1)
[F130 the chief inspector][F130section 47(1)]
contaminationsection 47(5)
disposalsection 47(1)
[F131the HASS Directive][F131section 47(1)]
[F131high-activity source][F131section 47(1)]
licensee (in relation to a nuclear site licence)section 47(1)
local authoritysection 47(1)
mobile radioactive apparatussection 3
nuclear sitesection 47(1)
nuclear site licencesection 47(1)
[F132orphan source][F132section 47(1)]
period of responsibility (in relation to a nuclear site licence)section 47(1)
premisessection 47(1)
prescribedsection 47(1)
the prescribed period for determinationssection 47(1) and (2)
public or local authoritysection 47(1)
radioactive materialsection 1
radioactive wastesection 2
relevant water bodysection 47(1)
[F129SEPA][F129section 47(1)]
substancesection 47(1)
undertakingsection 47(1)
wastesection 47(1) and (4).

49 Consequential amendments and transitional and transitory provisions.E+W+S+N.I.

(1)The enactments specified in Schedule 4 shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act.

(2)The transitional and transitory provisions contained in Schedule 5 shall have effect.

50 Repeals.E+W+S+N.I.

The enactments and instruments specified in Schedule 6 (which include spent enactments) are repealed or, as the case may be, revoked to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.

51 Short title, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the Radioactive Substances Act 1993.

(2)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3)This Act extends to Northern Ireland.

SCHEDULES

Section 1.

SCHEDULE 1E+W+S+N.I. Specified elements

ElementBecquerels per gram (BQ G-1)
SolidLiquidGas or Vapour
1. Actinium0.377.40 × 10-22.59 × 10-6
2. Lead0.743.70 × 10-31.11× 10-4
3. Polonium0.372.59 × 10-22.22 × 10-4
4. Protoactinium0.373.33 ×10-21.11 × 10-6
5. Radium0.373.70 × 10-43.70 × 10-5
6. Radon3.70 × 10-2
7. Thorium2.593.70 × 10-22.22 × 10-5
8. Uranium11.10.747.40 × 10-5

Section 31.

F133SCHEDULE 2N.I. Exercise of rights of entry and inspection

Annotations:

Amendments (Textual)

1A person entering upon any premises in the exercise of any power conferred by this Act shall, if so required, produce written evidence of his authority before entering.N.I.

2Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person for the purpose of exercising a power conferred by this Act in respect of the premises, the justice, subject to paragraph 3, may by warrant under his hand authorise that person to enter upon the premises.N.I.

3A justice of the peace shall not grant a warrant under paragraph 2 unless he is satisfied—N.I.

(a)that admission to the premises for the purpose of exercising the power in question was sought—

(i)in the case of premises to which section 31(1) applies, after not less than twenty-four hours’ notice of the intended entry had been given to the occupier, or

(ii)in the case of any other premises, after not less than seven days’ notice of the intended entry had been so given, or

(b)that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier, or

(c)that the premises are unoccupied, or

(d)that an application for admission would defeat the object of the entry.

4Every warrant granted under this Schedule shall remain in force until the purpose for which the entry is required has been satisfied.N.I.

5Any person who, in the exercise of a power conferred by this Act, enters any premises which are unoccupied, or of which the occupier is temporarily absent, shall leave the premises as effectually secured against unauthorised entry as he found them.N.I.

6Before a person carries out any test on any premises, in the exercise of any power conferred by this Act, he shall consult with such persons having duties on the premises as may appear to him to be appropriate in order to secure that the carrying out of the test does not create any danger.N.I.

7Any power of entry conferred by this Act shall, if exercised under the authority of a warrant granted under this Schedule or in a case of emergency, but not in any other case, include power to enter, if need be, by force.N.I.

8Any power of entry, or of carrying out tests or inspections, or of obtaining or taking away samples, conferred on any person by this Act may be exercised by him either alone or together with any other persons.N.I.

9In this Schedule any reference to a case of emergency shall be construed in accordance with section 31(11).N.I.

10This Schedule shall have effect in relation to Scotland with the substitution for any reference to a justice of the peace of a reference to the sheriff.N.I.

Section 40.

SCHEDULE 3E+W+S+N.I. Enactments, other than local enactments, to which s. 40 applies

Part I E+W+S+N.I. England and Wales

1Sections 48, 81, 82, 141, 259 and 261 of the M26Public Health Act 1936.E+W

Annotations:

Marginal Citations

[F1342Section 16 of the Clean Air Act 1993.]E+W

Annotations:

Amendments (Textual)

3Section 5 of the Sea M27Fisheries Regulation Act 1966.E+W

Annotations:

Marginal Citations

4Section 4 of the M28Salmon and Freshwater Fisheries Act 1975.E+W

Annotations:

Marginal Citations

5Section 59 of the M29Building Act 1984.E+W

Annotations:

Marginal Citations

6The M30Planning (Hazardous Substances) Act 1990.E+W

Annotations:

Marginal Citations

7Part III of the M31Environmental Protection Act 1990.E+W

Annotations:

Marginal Citations

8Sections 72, 111 and 113(6) and Chapter III of Part IV of the M32Water Industry Act 1991 and paragraphs 2 to 4 of Schedule 8 to that Act so far as they re-enact provisions of sections 43 and 44 of the M33Control of Pollution Act 1974.E+W

Annotations:

Marginal Citations

9Sections 82, 84, 85, 86, 87(1), 88(2), 92, 93, 99, 161, 190, 202, [F135and 203] of and paragraph 6 of Schedule 25 to the M34Water Resources Act 1991.E+W

Annotations:

Amendments (Textual)

F135Words in Sch. 3 para. 9 substituted (1.4.1996) by 1995 c. 25, s. 120(1), SCh. 22 para. 230(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

10Section 18 of the M35Water Act 1945 so far as it continues to have effect by virtue of Schedule 2 to the M36Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the M37Control of Pollution Act 1974 not having been brought into force.E+W

Annotations:

Marginal Citations

Part II S Scotland

11Sections F136. . . 32, 41, 42 and 116 of the M38Public Health (Scotland) Act 1897.S

Annotations:

Amendments (Textual)

Marginal Citations

[F13712[F138Section 16] of the Clean Air Act 1993.]S

Annotations:

Amendments (Textual)

13The M39Sewerage (Scotland) Act 1968.S

Annotations:

Marginal Citations

[F13914The Planning (Hazardous Substances) (Scotland) Act 1997].S

Annotations:

Amendments (Textual)

15Section 201 of the M40Local Government (Scotland) Act 1973.S

Annotations:

Marginal Citations

[F14016Sections 30A, 30B, 30D, 41 to 42B and 56(1) to (3) of the Control of Pollution Act 1974.]S

17Sections 70, 71 and 75 of the M41Water (Scotland) Act 1980.S

Annotations:

Marginal Citations

[F14117APart III of the M42Environmental Protection Act 1990.]S

Annotations:

Amendments (Textual)

Marginal Citations

Part III E+W+S+N.I. Northern Ireland

18Sections 50, 51, 58, 107 and 129 of the M43Public Health (Ireland) Act 1878.N.I.

Annotations:

Marginal Citations

19Section 26 of the M44Public Health Acts Amendment Act 1890.E+W+S+N.I.

Annotations:

Marginal Citations

20Sections 35, 46, 49 and 51 of the M45Public Health Acts Amendment Act 1907.N.I.

Annotations:

Marginal Citations

21Sections 26, 47 and 124 of the M46Fisheries Act (Northern Ireland) 1966.N.I.

Annotations:

Marginal Citations

[F14222Articles 5, 7, [F1439][F143 7A] , 14, 16 and 30 of the Water (Northern Ireland) Order 1999.]N.I.

Annotations:

Amendments (Textual)

F142Sch. 3 para. 22 substituted (24.8.2001) by S.I. 1999/662 (N.I. 6), art. 63(1), Sch. 7; S.R. 2001/283, art. 2

[F14423Article 34 of the M1Water and Sewerage Services (Northern Ireland) Order 1973.]N.I.

[F144Articles 112, 168 and 170(5) and Chapter III of Part VI of the Water and Sewerage Services (Northern Ireland) Order 2006.]

Annotations:

Amendments (Textual)

24The M47Clean Air (Northern Ireland) Order 1981.N.I.

Annotations:

Marginal Citations

25The M48Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.N.I.

Annotations:

Marginal Citations

M48S.R. (N.I.) 1981/252.

Section 49(1).

SCHEDULE 4E+W+S+N.I. Consequential amendments

The Continental Shelf Act 1964 (c. 29)E+W+S+N.I.

1In section 7 of the Continental Shelf Act 1964, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.E+W+S+N.I.

The Nuclear Installations Act 1965 (c. 57)E+W+S+N.I.

2In section 4(1)(d) of the Nuclear Installations Act 1965, for “sections 6 and 8 of the Radioactive Substances Act 1960” there is substituted “ sections 13 and 16 of the Radioactive Substances Act 1993 ”.E+W+S+N.I.

The Control of Pollution Act 1974 (c. 40)E+W+S+N.I.

3In section 56(6) of the Control of Pollution Act 1974, for “Radioactive Substances Act 1960” (in both places) there is substituted “ Radioactive Substances Act 1993 ”.E+W+S+N.I.

The Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19))N.I.

4In article 36(4) of the Pollution Control and Local Government (Northern Ireland) Order 1978—N.I.

(a)for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”, and

(b)in paragraph (b) for “1960” there is substituted “ 1993 ”.

The Atomic Energy (Miscellaneous Provisions) Act 1981 (c. 48)E+W+S+N.I.

5In section 4(1) of the Atomic Energy (Miscellaneous Provisions) Act 1981, in the definition of “radioactive substance”, for “has the same meaning as in section 12 of the Radioactive Substances Act 1948” there is substituted “ means any substance which consists of or contains any radioactive chemical element, whether natural or artificial ”.E+W+S+N.I.

The Environmental Protection Act 1990 (c. 43)E+W+S+N.I.

6In section 28(2) of the Environmental Protection Act 1990, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.E+W+S+N.I.

7In section 78 of that Act, for “Radioactive Substances Act 1960” (in both places) there is substituted “ Radioactive Substances Act 1993 ”.E+W+S+N.I.

8In section 142(7) of that Act, for “the Radioactive Substances Act 1960” there is substituted “ the Radioactive Substances Act 1993 ”.E+W+S+N.I.

9In section 156 of that Act, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.E+W+S+N.I.

The Atomic Weapons Establishment Act 1991 (c. 46)E+W+S+N.I.

10After paragraph 10 of the Schedule to the Atomic Weapons Establishment Act 1991 there is inserted—E+W+S+N.I.

Radioactive Substances Act 1993E+W+S+N.I.

10A(1)For the purposes of the Radioactive Substances Act 1993, so far as relating to authorisations required under section 13(1) of that Act for the disposal of radioactive waste, a relevant site in designated premises shall be treated as a site in respect of which a nuclear site licence is for the time being in force.

(2)For the purposes of sub-paragraph (1) above, “relevant site” means a site used by a contractor for the purposes of any activity which would, if section 1 of the Nuclear Installations Act 1965 applied to the site, require a nuclear site licence.

The Water Resources Act 1991 (c. 57)E+W+S+N.I.

11In section 98 of the Water Resources Act 1991—E+W+S+N.I.

(a)in subsection (1), for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”, and

(b)in subsection (2)(b) for “1960” there is substituted “ 1993 ”.

Section 49(2).

SCHEDULE 5E+W+S+N.I. Transitional and transitory provisions

Part I E+W+S+N.I. General transitional provisions and savings

1The substitution of this Act for the enactments repealed by this Act does not affect the continuity of the law.E+W+S+N.I.

2Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the enactments repealed by this Act has effect, a reference to that corresponding provision.E+W+S+N.I.

3Any document made, served or issued after the commencement of this Act which contains a reference to any of the enactments repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the case may require, including a reference to the corresponding provision of this Act.E+W+S+N.I.

4Paragraphs 2 and 3 have effect without prejudice to the operation of sections 16 and 17 of the M49Interpretation Act 1978 (which relate to the effect of repeals).E+W+S+N.I.

Annotations:

Marginal Citations

5The power to amend or revoke the subordinate legislation reproduced in the definition of “local authority” in section 47(1) shall be exercisable in relation to the provision reproduced to the same extent as it was exercisable in relation to the subordinate legislation.E+W+S+N.I.

6Subsection (1) of section 80 of the M50Health and Safety at Work etc. Act 1974 (general power to repeal or modify Acts or instruments) shall apply to provisions of this Act which re-enact provisions previously contained in the M51Radioactive Substances Act 1960 as it applies to provisions contained in Acts passed before the Health and Safety at Work etc. Act 1974.E+W+S+N.I.

Annotations:

Marginal Citations

7In the application of paragraph 6 to Northern Ireland^E+W+S+N.I.

(a)the reference to subsection (1) of section 80 of the Health and Safety at Work etc. Act 1974 shall have effect as a reference to paragraph (1) of Article 54 of the M52Health and Safety at Work (Northern Ireland) Order 1978, and

(b)the reference to Acts passed before that Act shall have effect as a reference to statutory provisions passed or made before the making of that Order.

Annotations:

Marginal Citations

Part II E+W+S+N.I. Transitory modifications of Schedule 3

F1458. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

9(1)If—E+W+S+N.I.

(a)no date has been appointed before the commencement of this Act as the date on which the repeal by Schedule 4 to the M53Control of Pollution Act 1974 of the provisions of the M54Radioactive Substances Act 1960 specified in sub-paragraph (2) below (in this paragraph referred to as “the 1974 repeal”) is to come into force, or

(b)a date has been appointed which is later than that commencement,

Schedule 3 to this Act shall have effect until the appointed day with the modifications specified in sub-paragraph (3) below.

(2)The provisions of the Radioactive Substances Act 1960 referred to in sub-paragraph (1)(a) above are—

(a)in paragraph 3 of Schedule 1, the words “seventy-nine”, and

(b)paragraph 8A of Schedule 1.

(3)The modifications of Schedule 3 to this Act referred to in sub-paragraph (1) above are as follows—

(a)in paragraph 1 after “48” there shall be inserted “ 79 ”, and

(b)after paragraph 2 there shall be inserted—

2ASections 2, 5 and 7 of the Rivers (Prevention of Pollution) Act 1961.

(4)In this paragraph “the appointed day” means—

(a)in the case mentioned in paragraph (a) of sub-paragraph (1) above, such day as may be appointed by the Secretary of State by order, and

(b)in the case mentioned in paragraph (b) of that sub-paragraph, the date appointed as the day on which the 1974 repeal is to come into force.

Annotations:

Marginal Citations

10(1)If—E+W+S+N.I.

(a)no date has been appointed before the commencement of this Act for the purposes of paragraph 17 of Schedule 4 to the M55Planning (Consequential Provisions) Act 1990, or

(b)a date has been appointed which is later than that commencement,

paragraph 6 of Schedule 3 to this Act shall be omitted until the appointed day.

(2)In this paragraph “the appointed day” means—

(a)in the case mentioned in paragraph (a) of sub-paragraph (1) above, such day as may be appointed by the Secretary of State by order, and

(b)in the case mentioned in paragraph (b) of that sub-paragraph, the date appointed for the purposes of paragraph 17 of Schedule 4 to the Planning (Consequential Provisions) Act 1990.

Annotations:

Marginal Citations

11Until the commencement of the repeal by Part II of Schedule 16 to the M56Environmental Protection Act 1990 of subsection (5) of section 30 of the Control of Pollution Act 1974 (or, if the repeal of that subsection comes into force on different days, until the last of those days) Schedule 3 to this Act shall have effect—E+W+S+N.I.

(a)with the insertion after paragraph 4 of the following paragraph—

4BThe Control of Pollution (Special Waste) Regulations 1980., and

(b)with the insertion after paragraph 17 of the following paragraph—

17AThe Control of Pollution (Special Waste) Regulations 1980.

Annotations:

Marginal Citations

12Until the commencement of the repeal by Part II of Schedule 16 to the M57Environmental Protection Act 1990 of section 124 of the M58Civic Government (Scotland) Act 1982 (or, if the repeal of that section comes into force on different days, until the last of those days) Schedule 3 to this Act shall have effect with the insertion at the end of Part II of the following paragraph—E+W+S+N.I.

17BSection 124 of the Civic Government (Scotland) Act 1982.

Annotations:

Marginal Citations

Section 50.

SCHEDULE 6E+W+S+N.I. Repeals and revocations

Part I E+W+S+N.I. Acts of the Parliament of the United Kingdom

ChapterShort titleExtent of repeal
11 & 12 Geo. 6 c. 37.The Radioactive Substances Act 1948.The whole Act so far as unrepealed.
8 & 9 Eliz. 2 c. 34.The Radioactive Substances Act 1960.The whole Act.
1968 c. 47.The Sewerage (Scotland) Act 1968.In Schedule 1, paragraph 4.
1973 c. 65.The Local Government (Scotland) Act 1973.In Schedule 27, in Part II, paragraph 144.
1979 c. 2.The Customs and Excise Management Act 1979.In Schedule 4, in Part I of the Table following paragraph 12, the entry relating to the Radioactive Substances Act 1948.
1980 c. 45.The Water (Scotland) Act 1980.In Schedule 10, in Part II, the entry relating to the Radioactive Substances Act 1960.
1984 c. 55.The Building Act 1984.In Schedule 6, paragraph 7.
1986 c. 63.The Housing and Planning Act 1986.In Part II of Schedule 7, paragraph 1.
1989 c. 15.The Water Act 1989.In Schedule 25, paragraph 27.
1990 c. 11.The Planning (Conse- quential Provisions) Act 1990.In Schedule 2, paragraph 7. In Schedule 4, paragraph 17 and the entry relating to it in the Table in paragraph 1(1).
1990 c. 43.The Environmental Protection Act 1990.Sections 100 to 105.Schedule 5.In Schedule 15, paragraph 8.
1991 c. 46.The Atomic Weapons Establishment Act 1991.In the Schedule, paragraph 5.
1991 c. 60.The Water Consolidation (Consequential Provisions) Act 1991.In Schedule 1, paragraph 9.

Note: Except as provided in Part II of this Schedule, the repeal of the Radioactive Substances Act 1948 does not extend to Northern Ireland.

Part II E+W+S+N.I. Repeals in Radioactive Substances Act 1948 extending to Northern Ireland

ChapterShort titleExtent of repeal
11 & 12 Geo. 6 c. 37.The Radioactive Substances Act 1948.Section 2.Section 5(1)(b).In section 7, in subsection (1), the words “except section two” and in subsection (2)(b), the words “(except section two)”.Section 8(7).In section 9(1), the words “or orders”.In section 10, the words “or order” in both places.In section 11, the words from the beginning to “under this Act and”.In section 12, the definitions of “registered dental practitioner”, “registered pharmacist” and “sale by way of wholesale dealing”.Section 14(2)(f).

Note: These repeals extend to Northern Ireland only.

Part III N.I. Northern Ireland legislation

Chapter or numberShort titleExtent of repeal
1966 c. 17 (N.I.).The Fisheries Act (Northern Ireland) 1966.In Schedule 7, the amendments of the Radioactive Substances Act 1960.
1972 c. 5 (N.I.).The Water Act (Northern Ireland) 1972.Section 31(1).
S.I. 1973/70 (N.I. 2).The Water and Sewerage Services (Northern Ireland) Order 1973.In Schedule 3, paragraph 1.
S.I. 1978/1049 (N.I. 19).The Pollution Control and Local Government (Northern Ireland) Order 1978.In Schedule 4, paragraph 5.

Part IV E+W+S+N.I. Subordinate legislation

NumberTitleExtent of revocation
S.I. 1974/1821The Radioactive Substances Act 1948 (Modification) Regulations 1974.The whole instrument.
S.I. 1980/170The Control of Pollution (Special Waste) Regulations 1980Regulation 3(2).
S.R. (N.I.) 1981/252.The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.Regulation 4(2).
S.I. 1985/1884.The Waste Regulation and Disposal (Authorities) Order 1985.In Schedule 2, paragraph 2.
S.I. 1991/2539.The Control of Pollution (Radioactive Waste) (Scotland) Regulations 1991.Regulation 4.

E+W+S+N.I. TABLE OF DERIVATIONS

Notes:

1. The following abbreviations are used in this Table:—

1960= The Radioactive Substances Act 1960 (c. 34)
1968 c. 47= The Sewerage (Scotland) Act 1968 (c. 47)
1973 c. 36= The Northern Ireland Constitution Act 1973 (c. 36)
1973 c. 65= The Local Government (Scotland) Act 1973 (c. 65)
1974 c. 40= The Control of Pollution Act 1974 (c. 40)
1978 c. 30= The Interpretation Act 1978 (c. 30)
1984 c. 55= The Building Act 1984 (c. 55)
1986 c. 63= The Housing and Planning Act 1986 (c. 63)
1989 c. 15= The Water Act 1989 (c. 15)
1990= The Environmental Protection Act 1990 (c. 43)
1990 c. 11= The Planning (Consequential Provisions) Act 1990 (c. 11)
1991 c. 60= The Water Consolidation (Consequential Provisions) Act 1991 (c. 60)
S.I. 1976/959= The Control of Pollution (Radioactive Waste) Regulations 1976 (S.I. 1976/959)
S.I. 1980/1709= The Control of Pollution (Special Waste) Regulations 1980 (S.I. 1980/1709)
S.I. 1985/1884= The Waste Regulation and Disposal (Authorities) Order 1985 (S.I. 1985/1884)
S.I. 1989/1158= The Control of Pollution (Radioactive Waste) Regulations 1989 (S.I. 1989/1158)
M (followed by a number)= The proposal of that number in the Memorandum under the Consolidation of Enactments (Procedure) Act 1949 (16 Dec 1991, HC 148).

2. The Table does not show the effect of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272) or the Transfer of Functions (Radioactive Substances) (Wales) Order 1990 (S.I. 1990/2598).

ProvisionDerivation
11960 ss. 18(1)—(3A), 21(2)(a); 1990 s. 100(3), Sch. 5 paras. 17, 20(a)(i).
21960 s. 18(4).
31960 s. 18(5): 1990 Sch. 5 para. 7(2).
41960 ss. 11A, 12(7B), 20(a), 21(2)(a), (k), (l); 1990 s. 100, Sch. 5 paras. 13(4), 18(a), 20(a).
51960 ss. 8(1)(b), (c), 12(7)(a), 20(b), 21(2)(a); 1990 Sch. 5 paras. 18(a), 20(a)(i).
61960 s. 1(1).
71960 s. 1(2)—(6); 1990 s. 100(2), Sch. 5 paras. 4(1), 6(1)(a), (b), 11(1).
81960 ss. 2, 21(2)(a); 1990 s. 100(2), (3), Sch. 5 para. 20(a)(i).
91960 s. 3(1), (2); 1990 Sch. 5 para. 7(1).
101960 s. 3(3)—(5); 1990 s. 100(2), Sch. 5 paras 6(2)(a), (b), 7(1), 11(2).
111960 ss. 4, 21(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
121960 s. 5; 1990 s. 100(2), Sch. 5 para. 6(3).
131960 s. 6(1)—(3), (6); 1990 Sch. 5 para. 7(3).
141960 s. 7(1)—(3), (5).
151960 ss. 6(4), (5), 7(4), 21(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
161960 ss. 8(1)—(5), (6), 20(b), 21(2)(a); 1990 s. 100(2), Sch. 5 paras. 1, 4(2), 6(4), 11(3), 18(a), 20(a)(i); M2.
171960 s. 8(7), (8); 1990 Sch. 5 para. 1(5); M2.
181960 s. 9(3)—(5); 1990 s. 100(2), Sch. 5 para. 2(1).
191960 s. 11(3)
201960 s. 8A; 1990 Sch. 5 para. 8.
211960 s. 11B; 1990 s. 102.
221960 s. 11C; 1990 s. 102.
231960 ss. 12A, 21(2)(a); 1990 Sch. 5 paras. 12, 20(a)(i).
241960 ss. 12B, 21(2)(a), (m); 1990 Sch. 5 paras. 12, 20(a).
251960 ss. 1(7), 3(6), 8(5A), 21(2)(a); 1990 Sch. 5 paras. 6(1)(c), (2)(c), (4)(c), 20(a)(i).
261960 ss. 11D(1)—(4), (12), 21(2)(a); 1990 Sch. 5 paras. 10, 20(a)(i); M3
271960 ss. 11D(5)—(11), 21(2)(a); 1990 Sch. 5 paras. 10, 20(a)(i).
281960 ss. 11(1), (4), 11E, 20(f), 21(2)(a); 1990 Sch. 5 paras. 9(2), 10, 18(b), 20(a)(i).
291960 ss. 10(1)—(3), 21(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
301960 ss. 10(4), (5), 20(e), 21(2)(a), (j); 1978 c. 30 s. 17(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
311960 s. 12(1)—(6A), (7)(b), (7A), (8), (9), 20(b), 21(2)(a); 1990 s. 100(3), Sch. 5 paras. 2(2), 13, 18(a), 20(a)(i).
321960 s. 13(1), (2); 1990 Sch. 5 para. 14(2), (3).
331960 s. 13(4A), (5), (6); 1990 Sch. 5 para. 14(5), (7), (8).
341960 ss. 13(3), (4), 21(2)(a); 1990 s. 100(3), Sch. 5 paras. 14(4), 20(a)(i).
351960 s. 13(5); 1990 Sch. 5 para. 14(6), (7)
361960 s. 13(8)
371960 s. 13(9); 1990 Sch. 5 para. 14(10).
381960 ss. 13(7), 21(3); 1973 c. 36 Sch. 5 para. 7(1); 1990 Sch. 5 para. 14(9).
391960 ss. 13A, 21(2)(a); 1990 Sch. 5 paras. 15, 20(a)(i).
401960 ss. 9(1), (2), (6), 21(2)(i); 1973 c. 36 Sch. 5 para. 1; 1991 c. 60 Sch. 1 para. 9(2).
411990 s. 160; M4.
421960 ss. 14, 21(2)(a), (o); 1990 s. 104, Sch. 5 para. 20(a).
431960 ss. 15A, 21(2)(a), (n); 1990 s. 101, Sch. 5 para. 20(a).
441960 s. 15; 1990 s. 100(3).
451960 ss. 15, 21(2)(a), (b), (c); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
461960 s. 19(5).
471960 ss. 19(1)—(4), 20(a), (c), 21(2)(a), (f), (g); Fisheries Act (Northern Ireland) 1966 (c. 17) Sch. 7; 1973 c. 65 Sch. 27 Part II para. 144; 1978 c. 30 s. 17(2)(a); S.I. 1985/1884 Sch. 2 para. 2; Salmon Act 1986 (c. 62) s. 14(2); 1989 c. 15 Sch. 25 para. 27(3); 1990 Sch. 5 paras. 3, 5, 11(4), 18(a), 20(a).
48- 50
51(1)—(2)
(3)1960 s. 21(2).
Sch. 11960 Sch. 3.
Sch. 21960 s. 20(d), Sch. 2.
Sch. 3 Part I1960 Sch. I Part I; S.I. 1976/959 reg. 4; 1978 c. 30 s. 17(2)(a); 1984 c. 55 Sch. 6 para. 7; 1990 Sch. 15 para. 8; 1990 c. 11 Sch. 2 para. 6; 1991 c. 60 Sch. 1 para. 9(1).
Part II1960 Sch. 1 Part II; 1968 c. 47 Sch. 1 para. 4; 1980 c. 45 Sch. 10 Part II; 1986 c. 63 Sch. 7 Part II para. 1; 1990 Sch. 5 para. 19(b); Control of Pollution (Radioactive Waste)(Scotland) Regulations 1991 (S.I. 1991/2539) reg. 4.
Part III1960 Sch. 1 Part III; Fisheries Act (Northern Ireland) 1966 (c. 17) Sch. 7; Water Act (Northern Ireland) 1972 (c. 5) s. 31(1); Water and Sewerage Services (Northern Ireland) Order 1973 (S.I. 1973/70 (N.I. 2)) Sch. 3 para. 1; Pollution Control (Special Waste) Regulations (Northern Ireland) 1981 (S.R. (N.I.) 1981/252)
Sch. 4
Sch. 5 paras. 1—7
para. 81990 s. 164(3), Sch. 15 para. 8.
para. 91974 c. 40 s. 109(2), Sch. 4.
para. 101990 c. 11 Sch. 4 paras. 1, 17.
para. 11S.I. 1980/1709 reg. 3(2); 1990 s. 164(3).
para. 121990 s. 164(3).
Sch. 6