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Radioactive Substances Act 1993
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8[F1 Exemptions from registration under s. 7.][F1Exemptions from requirement for environmental permit]E+W+S
(1)[F2At 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)[F3Where, in the case of any such premises as are mentioned in subsection (1), it appears to the [F4appropriate Agency] that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the [F4appropriate Agency] would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the [F4appropriate 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 [F4appropriate Agency] correspond to those which [F5it] would so have imposed) as may be specified in the direction.]
(3)[F6On giving a direction under subsection (2) in respect of any premises, the [F4 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 [F7registration under section 7] [F7the requirement for an environmental permit] 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 [F8registration under section 7] [F8the requirement for an environmental permit] 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 [F9registration under section 7] [F9the requirement for an environmental permit], 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)[F10In 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.]
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
F1S. 8 title substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(3) (with reg. 1(2), Sch. 4)
F2S. 8(1) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(f), Sch. 28 (with reg. 1(2), Sch. 4)
F3S. 8(2) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(f), Sch. 28 (with reg. 1(2), Sch. 4)
F4Words 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
F5Word 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
F6S. 8(3) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(f), Sch. 28 (with reg. 1(2), Sch. 4)
F7Words in s. 8(4) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(3)(a) (with reg. 1(2), Sch. 4)
F8Words in s. 8(5) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(3)(a) (with reg. 1(2), Sch. 4)
F9Words in s. 8(6) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(3)(b) (with reg. 1(2), Sch. 4)
F10S. 8(8) repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(f), Sch. 28 (with reg. 1(2), Sch. 4)
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.
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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