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The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) (“the Act”). They make amendments to 5 different sets of regulations in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), 8(2)(g) and 8(3)(a) of the Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 amends the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (S.I. 1999/2892) which implement, in relation to nuclear decommissioning projects, Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. More specifically this regulation substitutes references to EU legislation that will no longer apply in the UK with references to domestic legislation and changes references to EEA Member States to reflect that the UK will no longer be in the EEA.

Regulation 3 amends the Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769, “the 2004 Regulations”). It amends the application of the 2004 Regulations so that it relates to the application of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (“the 2013 Directive”) immediately before exit day. It also inserts a new provision which modifies how the definition of “inspection” in Article 4(43) of the 2013 Directive is to be read for the purposes of the 2004 Regulations.

Regulation 4 amends the Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005 (S.I. 2005/3467), inserting a new provision which modifies how the definition of “inspection” in Article 4(43) of the 2013 Directive is to be read for the purposes of those Regulations. Regulation 5 makes an analogous amendment in the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (S.I. 2006/1379) and regulation 6 makes an analogous amendment in the Radioactive Contaminated Land Regulations (Northern Ireland) 2006 (S.R. 2006 No. 345).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.

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