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Radioactive Substances Act 1993

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

[F1(1)The [F2appropriate Agency] may at any time revoke an authorisation granted under section 13 or 14.

(2)The [F2appropriate 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.

[F3(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 [F4Food 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 [F5Food Standards Agency] concerning the terms of any variation, for which purpose that Agency shall, before varying the authorisation, send [F5that 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 [F2appropriate 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.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

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)

F2Words 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

F3S. 17(2ZA)(2ZB) inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 73, 198(2); S.I. 2004/1973, art. 2, Sch.

F4Words 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

F5Words 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

F6S. 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)

C1S. 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.

[F3(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.

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

Extent Information

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

Amendments (Textual)

F3S. 17(2ZA)(2ZB) inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 73, 198(2); S.I. 2004/1973, art. 2, Sch.

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