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Environmental Protection Act 1990

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This is the original version (as it was originally enacted).

Documents to be sent to local authorities

6(1)In section 1 of the 1960 Act (registration for users of radioactive material)—

(a)in subsection (2) (applications for registration), at the end there shall be inserted the following words “; and on any such application being made the chief inspector shall, subject to directions under this section, send a copy of the application to each local authority in whose area the premises are situated.”;

(b)in subsection (6), for the words from “(unless” to “restricted)” there shall be substituted the words “(subject to directions under this section)”;

(c)after subsection (6) there shall be inserted the following subsection—

(7)The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of—

(a)any particular application for registration under this section or applications of any description specified in the directions, or

(b)any particular registration or registrations of any description so specified,

should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section.

(2)In section 3 of the 1960 Act (registration of mobile radioactive apparatus)—

(a)after subsection (4) there shall be inserted the following subsection—

(4A)On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.;

(b)in subsection (5) at the end, there shall be inserted the words “and (subject to directions under this section) shall send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.”;

(c)after subsection (5) there shall be inserted the following subsection—

(6)The Secretary of State may direct the chief inspector that, in his opinion, on grounds of national security, it is necessary that knowledge of—

(a)any particular application for registration under this section or applications of any description specified in the directions, or

(b)any particular registration or registrations of any description so specified,

should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section.

(3)In section 5(2) of the 1960 Act (notice of cancellation or variation of registration), after the words “section one” there shall be inserted the words “or subsection (5) of section three”.

(4)In section 8 of the 1960 Act (supplementary provisions as to authorisations)—

(a)after subsection (4) there shall be inserted the following subsection—

(4A)On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.;

(b)in subsection (5)(b), for the words from “(unless” to “restricted)” there shall be substituted the words “, subject to any directions under this section,”;

(c)after subsection (5) there shall be inserted the following subsection—

(5A)The Secretary of State or, as the case may be the Secretary of State and the Minister of Agriculture, Fisheries and Food may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of—

(a)any particular application for authorisation under section six or section seven of this Act or applications of any description specified in the directions, or

(b)any particular authorisation under section six or section seven of this Act or authorisations of any description so specified,

should be restricted; and where it appears to the chief inspector that an application or authorisation is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of authorisation, as the case may be, to any public or local authority under any provision of this section.;

(d)in subsection (6), for the words “the last preceding subsection” there shall be substituted the words “subsection (5) of this section”.

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