Radioactive Substances Act 1993

25 Power of Secretary of State to restrict knowledge of applications etc.E+W+S

[F1(1)The Secretary of State may direct the [F2appropriate Agency] that in his opinion, on grounds of national security, it is necessary that knowledge of [F3such information as may be specified or described in the directions, being information contained in or relating to]—

(a)any particular application for registration under section 7 or 10 or applications of any description specified in the directions, or

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

should be restricted.

(2)The Secretary of State F4. . . may direct the [F2appropriate Agency] that in his F4. . . opinion, on grounds of national security, it is necessary that knowledge of [F5such information as may be specified or described in the directions, being information contained in or relating to]—

(a)any particular application for authorisation under section 13 or 14[F6 or for the transfer (in whole or in part) or variation of an authorisation ] or applications of any description specified in the directions, or

(b)any particular authorisation under either of those sections or authorisations of any description so specified,

should be restricted.

(3)Where it appears to the [F2appropriate Agency] that an application, registration or authorisation is the subject of any directions under this section, the [F2appropriate Agency] shall not send a copy of [F7so much of] the application or the certificate of registration or authorisation[F8 or notice of variation ] [F7as contains the information specified or described in the directions]—

(a)to any local authority under any provision of section 7 or 10, or

(b)to any public or local authority under any provision of section 16[F9 16A or 17 ].

[F10(3A)No direction under this section shall affect—

(a)any power or duty of the Agency to which it is given to consult [F11the Food Standards Agency]; or

(b)the information which is to be sent by that Agency to [F11the Food Standards Agency].]

[F12(3B)In the application of this section to Scotland, the references in subsection (3A) to the Food Standards Agency are to be read as references to Food Standards Scotland.]

(4)In the application of this section to Northern Ireland—

(a)references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b)in subsection (2), the reference to England shall have effect as a reference to Northern Ireland and the reference to the Minister of Agriculture, Fisheries and Food shall have effect as a reference to the Department of Agriculture for Northern Ireland.

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F2Words in s. 25 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3Words in s. 25(1) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(1) (with ss.7(6), 115, 117); S.I. 1995/1983, art. 2

F4Words in s. 25(2) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 213(2)(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words in s. 25(2) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(2)(b) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F6Words in s. 25(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(1); S.I. 2004/1973, art. 2, Sch.

F7Words in s. 25(3) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(3) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F8Words in s. 25(3) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(a); S.I. 2004/1973, art. 2, Sch.

F9Words in s. 25(3)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(b); S.I. 2004/1973, art. 2, Sch.

F10S. 25(3A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F11Words in S. 25(3A) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 43(1)(5)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C1S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1

C2S. 25: functions of a Minister of the Crown, so far as they are exercisable by him in or as regards Scotland, now exercisable (1.7.1999) by the Scottish Ministers concurrently with the Minister concerned and only after consultation with the Secretary of State by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7)

25 Power of Secretary of State to restrict knowledge of applications etc.N.I.

(1)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 section 7 or 10 or applications of any description specified in the directions, or

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

should be restricted.

(2)The Secretary of State or, in a case falling within section 16(3) in relation to premises in England, 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 13 or 14[F6 or for the transfer (in whole or in part) or variation of an authorisation ] or applications of any description specified in the directions, or

(b)any particular authorisation under either of those sections or authorisations of any description so specified,

should be restricted.

(3)Where it appears to the chief inspector that an application, registration or authorisation is the subject of any directions under this section, the chief inspector shall not send a copy of the application or the certificate of registration or authorisation[F8 or notice of variation ]—

(a)to any local authority under any provision of section 7 or 10, or

(b)to any public or local authority under any provision of section 16[F9 16A or 17 ].

(4)In the application of this section to Northern Ireland—

(a)references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b)in subsection (2), the reference to England shall have effect as a reference to Northern Ireland and the reference to the Minister of Agriculture, Fisheries and Food shall have effect as a reference to the Department of Agriculture for Northern Ireland.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F6Words in s. 25(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(1); S.I. 2004/1973, art. 2, Sch.

F8Words in s. 25(3) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(a); S.I. 2004/1973, art. 2, Sch.

F9Words in s. 25(3)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(b); S.I. 2004/1973, art. 2, Sch.

Modifications etc. (not altering text)

C3S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by the National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1