Chapter 4: Authorisations Relating to Radioactive Waste
Section 72: Transfer of authorisations
209.Section 72 inserts a new section 16A in the Radioactive Substances Act 1993 (c.12) (“RSA 93”). Section 16A will provide a process whereby an authorisation to dispose of radioactive waste from a nuclear site can be transferred from one operator to another. At present, RSA 93 requires the new operator to apply for a new authorisation and the authorising authority will then go through its full determination process for that application which, on nuclear sites, tends to be protracted and resource intensive. Section 16A allows for the transfer of an authorisation either wholly or in part. The process provided for in section 16A would apply when there is a new operator at a nuclear site but there is otherwise no need for the existing limitations and conditions of the authorisation to change.
210.Subsections (1) to (4) of section 16A define the circumstances in which the new section will apply; the charges that must accompany any application that is made under this section; and require appropriate local authorities to be informed of applications. Subsection (5) imposes a duty on the authorising authority to consult every body it would have been required to consult had the application been for a new authorisation, although subsection (6) allows certain authorities or bodies not to be consulted if it appears to the authorising authority that the transfer is unlikely to result in changes to the arrangements for the disposal of radioactive waste that would be of interest to that authority or body. Subsections (7) and (8) set down the conditions which must be met for a transfer of authorisation to be granted and lay down certain procedures which must be followed if the application is granted. Subsection (9) sets a minimum time for a transfer to take effect, although subsection (10) allows this minimum time to be set aside if the authorising authority believes the coming into effect of the transfer needs to be expedited. Subsection (11) defines “authorising authority” for the purposes of this section.
Section 73: Applications for variation of authorisations
211.Section 73, by means of new provisions to be inserted in section 17 of RSA 93, provides a mechanism for an authorised person to apply for a variation to the authorisation, while sustaining the existing position that, in relation to the revocation or variation of authorisations, the authorising authority can exercise its powers without such an application. The new provisions also set out the charges that must accompany any application that is made. They apply to all authorisations granted under sections 13 and 14 of the RSA 93, whether for nuclear sites or for other premises.
Section 74: Periodic reviews of authorisations
212.Section 74 inserts a new section 17A in RSA 93. Subsection (1) provides that periodic reviews of the limitations and conditions of authorisations granted under sections 13 or 14 of RSA 93, whether for nuclear sites or for other premises, must be carried out and that additional reviews may be carried out at the discretion of the authorising authority. Subsection (2) defines “the authorising authority” and defines “periodic reviews”.
Section 75 and Schedule 15: Consequential amendments of the 1993 Act
213.Section 75 brings Schedule 15, which makes a number of consequential amendments to RSA 93, into effect.
