10 Additional facilities and powers for disposal and accumulation of radioactive waste. C1

1

If it appears to the F2Secretary of State that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the F2Secretary of State may provide such facilities, or may arrange for the provision thereof by such persons as the F2Secretary of State may think fit.

2

Where, in the exercise of the power conferred by the preceding subsection, the F2Secretary of Stateproposes to provide, or to arrange for the provision of, a place for the disposal or accumulation of radioactive waste, the F2Secretary of State, before carrying out that proposal, shall consult with any local authority in whose area that place would be situated, and with such other public or local authorities (if any) as appear to him to be proper to be consulted by him.

3

The F2Secretary of Statemay make reasonable charges for the use of any facilities provided by him, or in accordance with arrangements made by him, under this section, or, in the case of facilities provided otherwise than by the F2Secretary of State, may direct that reasonable charges for the use of the facilities may be made by the person providing them in accordance with any such arrangements.

4

If there is radioactive waste on any premises, and the F2Secretary of Stateis satisfied that—

a

the waste ought to be disposed of, but

b

by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the F2Secretary of Stateexercises his powers under this subsection,

the F2Secretary of Stateshall have power to dispose of that radioactive waste as the F2Secretary of Statemay think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner thereof, any expenses reasonably incurred by the F2Secretary of Statein disposing of it.

5

The definition of “owner” in section three hundred and forty-three of the M1Public Health Act 1936, and the provisions of section two hundred and ninety-four of that Act (which limits the liability of owners who are only agents or trustees), shall apply for the purposes of this section, with the substitution in the said section two hundred and ninety-four of references to the F2Secretary of Statefor references to a council, . . . F3