The Radioactive Substances (Testing Instruments)(England and Wales) Exemption Order 2006

Explanatory Note

(This note is not part of the Order)

This Order revokes the Radioactive Substances (Testing Instruments) Exemption Order 1985(1) (“the 1985 Order”) in respect of England and Wales. The provisions of the 1985 Order are re-enacted in this Order but with references to the Radioactive Substances Act 1993 (“the Act”)(2) and subject to drafting changes and the following minor changes:

(a) a waste collection authority under this Order means a local authority which is a waste collection authority within the meaning of section 30(3) of the Environmental Protection Act 1990 (c. 43);

(b) the reference to “free from patent defect” is removed from the definitions of “electrodeposited source”, “homogeneous source”, “laminated source”, “sealed source” and “tritium foil source”; under articles 3 and 4 of this Order it is provided that a person is not exempt from registration if a source is defective or damaged or leaks radioactive material; and

(c) under article 6 of the 1985 Order, a person was not exempt from registration under what became section 10 of the Act in respect of mobile radioactive apparatus that consisted of a testing instrument or a source containing an electrodeposited source; under article 4 of this Order, a person is not exempt from registration under section 10 in respect of an electrodeposited source that consists of iron 55 but a person is exempt from registration in respect of mobile radioactive apparatus that consists of a testing instrument or a source containing electrodeposited nickel 63.

A Regulatory Impact Assessment has been prepared and copies may be obtained from RAS Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE.

(1)

S.I.1985/1049.

(2)

The Radioactive Substances Act 1993 repealed the Radioactive Substances Act 1960 (1960 c. 34).