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Radioactive Substances Act 1993

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

[F1(1)The Secretary of State may—

(a)give general directions to the [F2appropriate Agency] requiring [F3it] to refer applications under this Act for registrations [F4 , 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 [F2appropriate Agency] in respect of any particular application requiring [F3it] 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 M1Local 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 M2Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c)in Northern Ireland, Schedule 8 to the M3Health 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 [F2appropriate Agency] directions under section 23 as to the steps to be taken by [F3it] in respect of the application.

F5(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.]

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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. 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

F3Words 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

F4Word 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 [F4 , 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 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 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.

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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)

F4Word 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

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