The Public Information for Radiation Emergencies Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations give effect as respects Great Britain (except to the extent specified below) to Council Directive 89/618/Euratom (OJ No. L357, 7.12.89, p.31) on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency (“the Directive”).

2.  These Regulations do not impose requirements with respect to information of persons who might be involved in the organisation of emergency assistance in the event of a radiological emergency (Article 7 of the Directive).

3.  Employers or self-employed persons whose undertakings give rise to a reasonably foreseeable risk of a radiation emergency (as defined) are required to supply the information referred to in Schedule 2 to these Regulations (“Schedule 2 information”) to all members of the public who are in an area in which they are liable to be affected by such an emergency. The area to which the regulation applies is to be determined by the Health and Safety Executive. Information supplied under this regulation must also be made publicly available (regulation 3(1)).

4.  In preparing Schedule 2 information, employers or self-employed persons are required to consult relevant local authorities and other appropriate persons (regulation 3(2)) and are required to try to enter into an agreement with the local authority referred to in regulation 3(3) for that authority to distribute the information to members of the public (regulation 3(3)).

5.  Schedule 2 information must be updated at regular intervals but not less than once in three years and whenever significant changes occur; updated information must be supplied again and made publicly available (regulation 3(4)).

6.  There is a transitional provision for the compliance with regulation 3 by existing undertakings (regulation 3(5)).

7.  A first tier local authority (as defined) is required to prepare and keep up to date arrangements to supply information and advice in the event of a radiation emergency (regulation 4(1)).

8.  The arrangements prepared under regulation 4(1) are required to provide for information to be supplied at regular intervals and in an appropriate manner to members of the public actually affected by the radiation emergency (regulation 4(2)). A member of the public actually affected is defined in regulation 4(5).

9.  In preparing the arrangements referred to in paragraph 7 above, the first tier local authority is required to consult any other authority likely to be responsible for implementing any measures referred to in Schedule 3 to these Regulations, and any other appropriate person (regulation 4(3)).

10.  The information and advice referred to in paragraph 7 above shall, where relevant to the type of radiation emergency, include that referred to in Schedule 3 to these Regulations and must mention any authority or authorities responsible for implementing the measures referred to in that Schedule (regulation 4(4)).

11.  There is a transitional provision for the compliance with regulation 4 by the first tier local authorities (regulation 4(6)).

12.  The Secretary of State for Defence may disapply regulation 3 of these Regulations in any particular case in the interests of national security (regulation 5).

13.  Any provision of these Regulations made under the European Communities Act 1972 is enforceable as if it were a health and safety regulation made under the Health and Safety at Work etc. Act 1974 (regulation 6).