The Environmental Permitting (England and Wales) Regulations 2016

SECTION 3 Exercise of relevant functions and matters in relation to orphan sources

General

5.—(1) In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with the following provisions of the HASS Directive—

(a) Article 3(2) and (3);

(b) Article 4;

(c) Article 5(1) and (2);

(d) Article 6;

(e) subject to sub-paragraph (2), Article 7(1) and (2).

(2) In relation to a high-activity source placed on the market before 31st December 2005, sub-paragraph (1)(e) has effect as if it referred to the provisions contained in Article 16(1)(b) of the HASS Directive.

Records and inspections

6.  In relation to a high-activity source, the regulator must—

(a) keep records of those matters—

(i) required by Article 5(3) and (4) of the HASS Directive, and

(ii) notified to it under Article 6 of that Directive, and

(b) establish or maintain a system of inspections to enforce the following provisions of the HASS Directive—

(i) Articles 3 to 6;

(ii) as appropriate, Article 7(1) and (2) or Article 16(1)(b).

Training and information

7.—(1) In relation to a high-activity source, the appropriate training and adequate information required by the Ionising Radiations Regulations 1999(1) must include—

(a) specific requirements for the safe management of such a source,

(b) particular emphasis on the necessary safety requirements in relation to such a source, and

(c) specific information on possible consequences of the loss of adequate control of such a source.

(2) The training and information on the matters in sub-paragraph (1) must be repeated at regular intervals and documented, with a view to preparing the employees and other persons referred to in those Regulations for such matters.

Orphan sources

8.—(1) The regulator must—

(a) be prepared, or have made provision (including the assignment of responsibilities), to recover any orphan source, and

(b) have drawn up appropriate response plans and measures.

(2) The regulator may recover any expenses reasonably incurred by it in the recovery and disposal of an orphan source from—

(a) the person carrying on the radioactive substances activity involving that source, or

(b) the occupier or owner of the premises where the source is located.

(3) In relation to sub-paragraph (2)—

(a) “owner” has the same meaning as in section 343 of the Public Health Act 1936, and

(b) the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees) apply but as if reference in that section to a council recovering expenses under that Act were to the regulator recovering expenses under sub-paragraph (2).

(1)

S.I. 1999/3232, amended by S.I. 2001/2626, 2975, 2002/2099, 2008/960, 2010/675, 2011/1043, 2013/755 (W. 90), 1471, 2014/469 and 3248.