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Radioactive Substances Act 1993

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Version Superseded: 01/04/2000

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26 Registrations, authorisations and notices: appeals from decisions of [F1appropriate Agency].E+W+S

(1)Where the [F1appropriate Agency]—

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

(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—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)under subsection (1) or (2) in respect of any decision taken by the [F1 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 F3. . . 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;

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.

[F4(5A)In the application of this section in relation to authorisations, and applications for authorisations, under section 13 in respect of premises situated on a nuclear site in England, references in subsection (1) to (3) to the Secretary of State shall have effect as references to the Secretary of State and the Minister of Agriculture, Fisheries and Food.]

(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.

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.

Textual Amendments

F1Words 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

F3Words 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)

C1S. 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,

(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;

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.

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.

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