The Radioactive Substances (Hospitals) Exemption Order 1990

Citation and commencement

1.  This Order may be cited as the Radioactive Substances (Hospitals) Exemption Order 1990 and shall come into force on 1st January 1991.

Interpretation

2.—(1) In this Order—

“activity” means the number of spontaneous nuclear transformations occurring in a radioactive substance in a period of one second;

“alpha emitters” means radionuclides (including those which are decay products of others present) which emit alpha particles;

“closed source” means an object free from patent defect which consists of or includes one or more radionuclides firmly incorporated on, in or sealed within solid inert non-radioactive material so as to prevent the dispersion of any radioactive material in normal use;

“decay products” means, in relation to any radionuclide, the radionuclides succeeding it in the same radioactive series;

“hospital” means—

(a)

any institution for the reception and treatment of persons suffering from illness (including any mental disorder within the meaning of the Mental Health Act 1983(1) or, in Scotland, the Mental Health (Scotland) Act 1984(2) and any injury or disability requiring medical or dental treatment or nursing);

(b)

any maternity home;

(c)

any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation;

(d)

any nursing home or mental nursing home within the meaning of Part II of the Registered Homes Act 1984(3) or, in Scotland, section 10(2) and (3) of the Nursing Homes Registration (Scotland) Act 1938(4);

(e)

any clinic, dispensary or out-patient department maintained in connection with any such institution or home, and

“hospital premises” shall be construed accordingly;

“liquid” includes a liquid with solid matter in suspension in it;

“patient” includes an expectant or nursing mother and a lying-in woman;

“waste collection authority” means a collection authority within the meaning of Part I of the Control of Pollution Act 1974(5) or a waste collection authority within the meaning of Part II of the Environmental Protection Act 1990(6);

“site licence” means a disposal licence within the meaning of Part I of the Control of Pollution Act 1974(7) or a site licence within the meaning of Part II of the Environmental Protection Act 1990(8);

“the Act” means the Radioactive Substances Act 1960.

(2) Any reference in this Order to the sum total activity is a reference to the sum total ascertained by measurement by a reliable method or, where it is not reasonably practicable to ascertain the sum total by measurement, the sum total estimated in a reliable manner.

Exemption from registration

3.—(1) Subject to paragraph (3) below and the conditions specified in Schedule 1 to this Order, a person using premises as a hospital is exempted from registration under section 1 of the Act in respect of those premises in relation to the keeping and use on those premises of radioactive material to which paragraph (2) below applies which is kept or used on the premises for the purposes of medical diagnosis, treatment of patients or supply to another hospital.

(2) This paragraph applies to radioactive material which is solid or liquid, contains no alpha emitters and, in the case of solid material, is not a closed source.

(3) Paragraph (1) does not apply where a registration under section 1 of the Act is in force in respect of the premises.

Exclusion for certain disposals

4.—(1) Subject to paragraph (2) below and the conditions specified in Schedule 2 to this Order, radioactive waste arising on hospital premises is excluded from the provisions of section 6(1) of the Act if it is solid or liquid waste, contains no alpha emitters and—

(a) immediately before it became waste it was radioactive material to which article 3(2) above applies; or

(b) it is a substance or an article which is radioactive solely because it has been contaminated in the course of the keeping or use of radioactive material on those premises for the purposes of medical diagnosis, treatment of patients or supply to another hospital or by contact with or proximity to other waste falling within this paragraph; or

(c) it is human excreta; or

(d) it is residual ash (including cinders and other debris) produced by the burning of other waste falling within this paragraph.

(2) Paragraph (1) does not apply where an authorisation under section 6(1) of the Act is in force in respect of the disposal of radioactive waste on or from the premises.

(3) Radioactive waste to which paragraph (1) above applies is excluded from section 6(3)of the Act if—

(a) it is solid waste and it has been removed from the premises by a person other than a waste collection authority for disposal at the same place as substantial quantities of non-radioactive waste in or on land subject to a site licence; or

(b) it is solid waste and it has been removed from the premises by a waste collection authority; or

(c) it is solid waste or flammable liquid waste and it has been removed from the premises by a person other than a waste collection authority for disposal by burning on other hospital premises, subject to the condition that it is disposed of by burning on those other premises in compliance with paragraph 5 of Schedule 2 to this Order.

Exclusion for certain accumulations

5.—(1) Radioactive waste to which article 4(1) above applies is excluded from the provisions of section 7(1) of the Act if it is kept in a closed container on hospital premises and it is disposed of within a period of two weeks beginning with the date upon which the waste arises.

(2) Radioactive waste which has been removed from hospital premises in accordance with article 4(3) above is excluded from the provisions of section 7(1) of the Act subject to the condition that it is disposed of as soon as practicable after its removal.

Revocation

6.  The instruments listed in Schedule 3 to this Order are hereby revoked.

Michael Heseltine

Secretary of State for the Environment

10th December 1990

David Hunt

Secretary of State for Wales

10th December 1990

Signed by authority of the Secretary of State for Scotland

James Douglas-Hamilton

Parliamentary Under-Secretary of State, Scottish Office

10th December 1990