The Radiation Emergency and Consultation Regulations 2021

Statutory Instruments

2021 No. 1110

Health And Safety

The Radiation Emergency and Consultation Regulations 2021

Made

1st October 2021

Laid before Parliament

11th October 2021

Coming into force

1st November 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by section 15(1) and (3)(a) of, and paragraph 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) (“the 1974 Act”).

The Secretary of State makes these Regulations independently of any proposals made by the Health and Safety Executive, as provided by section 50(1)(b) of the 1974 Act having consulted, in accordance with section 50(1AA) of that Act(2), the Executive, the Office for Nuclear Regulation and such other persons as appeared to the Secretary of State to be appropriate.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Radiation Emergency and Consultation Regulations 2021 and come into force on 1st November 2021.

(2) Regulation 2 does not extend to Northern Ireland.

Amendment of the Radiation (Emergency Preparedness and Public Information) Regulations 2019

2.—(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2019(3) are amended as follows.

(2) In regulations 10(5)(e) and (f) and 11(5)(f) and (g), in each place it occurs, for “Public Health England” substitute “the UK Health Security Agency”.

(3) In paragraph 8 of Schedule 3, for “Public Health England”, substitute “the UK Health Security Agency”.

(4) After paragraph 8 of Schedule 3, insert—

“8A.   If the United Kingdom’s Emergency Reference Levels have not been published by the UK Health Security Agency, the assessment referred to in paragraph 8 must instead be based on the United Kingdom’s Emergency Reference Levels published by Public Health England”(4).

Amendment of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

3.  In paragraph 6(6)(a)(iv) of Part 1 of Schedule 2 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(5), for “Public Health England” substitute “the UK Health Security Agency”.

Greg Hands

Minister of State for Energy, Clean Growth and Industrial Strategy

Department for Business, Energy and Industrial Strategy

1st October 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2019 and the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 to replace references to Public Health England with references to the UK Health Security Agency.

These amendments are necessary because Public Health England, an executive agency of the Department of Health and Social Care, is being abolished. The UK Health Security Agency will take on the relevant functions of Public Health England.

In relation to the amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2019, provision is made to account for any future updates to the United Kingdom’s Emergency Reference Levels. Regard must be had to the version of the United Kingdom’s Emergency Reference Levels published by Public Health England if and until it is superseded by a version published by the UK Health Security Agency.

(1)

1974 c. 37. Section 15(1) was substituted by paragraph 6 of Schedule 15 to the Employment Protection Act 1975 (c. 71) and amended by S.I. 2002/794.

(2)

Section 50(1) and (1AA) was amended by paragraph 11 of Schedule 12 to the Energy Act 2013 (c. 32) and S.I. 2008/960.

(3)

S.I. 2019/703.

(4)

Public Health England’s publication is available at: https://www.gov.uk/government/publications/radiation-emergency-reference-levels or in hard copy from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London, SW1H 0ET. From 30 September 2021 Public Health England’s relevant functions are exercised by the UK Health Security Agency.

(5)

S.I. 2009/1348. Schedule 2 was amended by the Carriage of Dangerous Goods (Amendment) Regulations 2019/598.