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Radioactive Substances Act 1993

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47 General interpretation provisions.E+W+S+N.I.

(1)In this Act, except in so far as the context otherwise requires—

  • the appropriate Minister” means—

    (a)

    F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (b)

    F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (c)

    in relation to Northern Ireland, the Department of Agriculture for Northern Ireland,

  • [F2the appropriate Agency ” means—

    (a)

    in relation to England and Wales, the Environment Agency; and

    (b)

    in relation to Scotland, SEPA ; ]

  • article” includes a part of an article,

  • the chief inspector” means—

    (a)

    F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (b)

    F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (c)

    in relation to Northern Ireland, the chief inspector for Northern Ireland appointed under section 4(7),

  • disposal”, in relation to waste, includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “dispose of” shall be construed accordingly,

  • [F4 “the HASS Directive ” means Council Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan sources;

  • “high-activity source” has the same meaning as it has in the HASS Directive but excluding any such source once its activity level has fallen below the exemption levels specified in column 2 of Table A to Annex I to 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, ]

  • local authority” (except where the reference is to a public or local authority) means—

    (a)

    in England F5. . ., the council of a county, district or London borough or the Common Council of the City of London or an authority established by the M1Waste Regulation and Disposal (Authorities) Order 1985,

[F6(aa)in Wales, the council of a county or county borough;]

(b)in Scotland, a [F7council constituted under section 2 of the Local Government etc. (Scotland) Act 1994], and

(c)in Northern Ireland, a district council,

  • nuclear site” means—

    (a)

    any site in respect of which a nuclear site licence is for the time being in force, or

    (b)

    any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,

  • nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the M2Nuclear Installations Act 1965,

  • [F8 “orphan source” has the same meaning as it has in the HASS Directive , ]

  • premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water,

  • [F9prescribed ”—

    (a)

    in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section;

    (b)

    in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; and

    (c)

    in other contexts, means prescribed by regulations under this Act.]

  • the prescribed period for determinations”, in relation to any application under this Act, means, subject to subsection (2), the period of four months beginning with the day on which the application was received,

  • public or local authority”, in relation to England and Wales, includes a water undertaker or a sewerage undertaker,

  • relevant water body” means—

    (a)

    in England and Wales, F10. . ., a water undertaker, a sewerage undertaker or a local fisheries committee,

    (b)

    in Scotland, F10. . ., a district salmon fishery board established under section 14 of the M3Salmon Act 1986 or [F11Scottish Water], and

    (c)

    in Northern Ireland, the Fisheries Conservation Board for Northern Ireland, [F12 or a water undertaker or a sewerage undertaker within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006 ]

  • [F13SEPA] ” means the Scottish Environment Protection Agency;

  • substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour,

  • undertaking” includes any trade, business or profession and—

    (a)

    in relation to a public or local authority, includes any of the powers or duties of that authority, and

    (b)

    in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body, and

  • waste” includes any substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and also includes any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt.

(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.

[F14(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.

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Amendments (Textual)

F1In 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

F2Definition 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

F3In 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

F5Words 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

F6S. 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

F7Words 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

F9Words 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.

F10Words 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

F13Definition 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

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