The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021

Transitional and savings provisions – current applications under the 1993 Act

5.—(1) If before the relevant date a person has applied for—

(a) a registration under section 7 (registration of users of radioactive material) of the 1993 Act,

(b) a registration under section 10 (registration of mobile radioactive apparatus) of the 1993 Act,

(c) variation or cancellation of a registration under section 12 (cancellation and variation of registration) of the 1993 Act,

(d) an authorisation under section 13 (disposal of radioactive waste) of the 1993 Act,

(e) an authorisation under section 14 (accumulation of radioactive waste) of the 1993 Act,

(f) transfer of an authorisation under section 16A (transfer of authorisations) of the 1993 Act(1),

(g) variation or revocation of an authorisation under section 17 (revocation and variation of authorisations) of the 1993 Act,

and that application has not been concluded before the relevant date, paragraph (2) applies.

(2) Notwithstanding the repeal of the 1993 Act(2) and the Radioactive Substances (Appeals) Regulations 1990(3), the 1993 Act and the Radioactive Substances (Appeals) Regulations 1990 continue to have effect in relation to any application referred to in paragraph (1) until the application is concluded.

(3) A registration or authorisation made or granted by SEPA following an application referred to in paragraph (1)(a), (b), (d) or (e) is, for the purposes of article 4(1), deemed to be an existing licence which is in effect immediately before the relevant date.

(1)

Section 16A was inserted into the 1993 Act by the Energy Act 2004 (c. 20), section 72.

(2)

The 1993 Act was partially repealed by Part 1 of schedule 7 to S.S.I. 2018/219.

(3)

S.I. 1990/2504, as amended by S.I. 1996/973. S.I. 1990/2504 was made under sections 11D(6) and (11) of the Radioactive Substances Act 1960 (c. 34). The Radioactive Substances Act 1960 was repealed by Part 1 of Schedule 6 to the 1993 Act. Part 1 of Schedule 5 of the 1993 Act made transitional provisions that allowed references to the Radioactive Substances Act 1960 to be read as references to the 1993 Act.