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The Environmental Permitting (England and Wales) Regulations 2010

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Radioactive Substances Act 1993

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11.  (1)  The 1993 Act(1) is amended as follows.

(2) Omit the following provisions—

(a)section 1 (meaning of “radioactive material”);

(b)section 2 (meaning of “radioactive waste”);

(c)section 3 (meaning of “mobile radioactive apparatus”);

(d)section 6 (prohibition of use of radioactive material without registration);

(e)section 7 (registration of users of radioactive material);

(f)section 8(1) to (3) and (8) (exemptions from registration under section 7);

(g)section 9 (prohibition of use of mobile radioactive apparatus without registration);

(h)section 10 (registration of mobile radioactive apparatus);

(i)section 11(3) (application of exemptions to Northern Ireland);

(j)section 12 (cancellation and variation of registration);

(k)section 13 (disposal of radioactive waste);

(l)section 14 (accumulation of radioactive waste);

(m)section 15(3) (application of exemptions to Northern Ireland);

(n)section 16 (grant of authorisations);

(o)section 16A (transfer of authorisations);

(p)section 17 (revocation and variation of authorisations);

(q)section 17A (review of authorisations);

(r)section 18 (functions of authorities in relation to authorisations under section 13);

(s)section 19 (duty to display documents);

(t)section 20 (retention and production of site or disposal records);

(u)section 21 (enforcement notices);

(v)section 22 (prohibition notices);

(w)section 23 (power of Secretary of State to give directions);

(x)section 24 (power of Secretary of State to require certain applications to be determined by him);

(y)section 25 (power of Secretary of State to restrict knowledge of applications);

(z)section 26 (registrations, authorisations and notices: appeals);

(aa)section 27 (procedure on appeals under section 26);

(bb)section 29 (provision of facilities for disposal or accumulation of radioactive waste);

(cc)section 30 (power of Secretary of State to dispose of radioactive waste);

(dd)section 30A (recovery and disposal of orphan sources);

(ee)section 32 (offences relating to registration or authorisation);

(ff)section 33 (offences relating to sections 19 and 20);

(gg)section 34 (disclosure of trade secrets);

(hh)section 34A (offences of making false or misleading statements or false entries);

(ii)section 36 (offences by body corporate);

(jj)section 37 (offence due to another’s fault);

(kk)section 38 (restriction on prosecutions);

(ll)section 39 (public access to documents and records);

(mm)section 41 (service of documents);

(nn)section 42 (application to Crown);

(oo)section 44(2) (power to make Regulations in relation to registrations or authorisations: Great Britain);

(pp)section 45 (Regulations and orders: Northern Ireland);

(qq)section 46 (effect of Act on other rights and duties);

(rr)section 48 (index of defined expressions);

(ss)Schedule 1 (specified elements);

(tt)in Schedule 3, Parts II and III (application of section 40 to Scotland and Northern Ireland);

(uu)Schedule 6 (repeals and revocations).

(3) In section 8 (the title to which becomes “Exemptions from requirement for environmental permit”)—

(a)in subsections (4) and (5), for “registration under section 7” substitute “the requirement for an environmental permit”;

(b)in subsection (6), for “registration under section 7” substitute “the requirement for an environmental permit”.

(4) In section 11 (the title to which becomes “Exemptions from requirement for environmental permit for mobile radioactive apparatus”), in subsection (1), for “registration under section 10” substitute “the requirement for an environmental permit”.

(5) In section 15 (the title to which becomes “Further exemptions from requirement for environmental permit”)—

(a)in subsection (1), for “Sections 13(1) and (3) and 14(1)” substitute “The requirement for an environmental permit”;

(b)in subsection (1), for “operation of section 13(1) or section 14(1)” substitute “requirement for an environmental permit”;

(c)in subsection (2)—

(i)for “any of the provisions of section 13 or 14” substitute “the requirement for an environmental permit”;

(ii)for “such of those provisions as may be specified in an order under this subsection” substitute “that requirement”; and

(iii)for “so specified” substitute “specified in an order under this subsection”.

(6) For section 47 (general interpretation provisions) substitute—

General interpretation provisions

47.  (1)  In this Act—

“environmental permit” means a permit granted under regulation 13 of the Environmental Permitting Regulations;

“the Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2010;

“local authority” has the same meaning as in the Environmental Permitting Regulations;

“relevant water body” means a water undertaker, a sewerage undertaker or a local fisheries committee.

(2) The following have the same meaning as in Schedule 23 to the Environmental Permitting Regulations (radioactive substances activities)—

“article”;

“disposal”;

“mobile radioactive apparatus”;

“premises”;

“radioactive material”;

“radioactive waste”;

“substance”;

“undertaking”.

(7) Schedule 3 is amended as follows—

(a)in paragraph 9, omit “85, 86, 87(1), 88(2)”;

(b)after paragraph 10A(2), insert—

10B.  The Environmental Permitting Regulations, insofar as they relate to water discharge activities within the meaning of those Regulations.

(2)

Paragraph 10A was inserted by the Marine and Coastal Access Act 2009 (c.23), section 184 and Schedule 14, paragraph 18>

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