Radioactive Substances Act 1993

Contents

Appeals

26Registrations, authorisations and notices: appeals from decisions of chief inspector.#

(1)

(a)

(aa)the decision on the application referred to in sub-paragraph (a);

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(2)

(3)

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(6)

27Procedure on appeals unders. 26.#

(1)

(2)

(3)

(4)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

(8)

28Representations in relation to authorisations and notices where appropriate Minister is concerned.#

(1)Before the chief inspector and the appropriate Minister—

(a)refuse an application for an authorisation under section 13, or

(b)attach any limitations or conditions to such an authorisation, or

(c)vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

(d)revoke such an authorisation,

the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and that Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and that Minister.

(2)In subsection (1)—

(a) “ the person directly concerned ”, in relation to an authorisation under section 13, means the person applying for the authorisation or the person to whom the authorisation was granted, as the case may be, and

(b)any reference to attaching limitations or conditions to such an authorisation is a reference to attaching limitations or conditions to it either in granting the authorisation or in the exercise of any power to vary it.

(3)The appropriate Minister shall afford to any person—

(a)on whom he has served a notice under section 21 or 22, and

(b)who requests a hearing within the prescribed period,

an opportunity to appear before and be heard by a person appointed by him for the purpose.

(4)In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

General

41Service of documents.#

(1)

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42Application of Act to Crown.#

(1)

(2)

(a)

(b)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(7)

(8)

(9)Where a person making a surrender under regulation D14—

(a)

(b)

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

43Fees and charges.#

(1)The Secretary of State may, with the approval of the Treasury, make and from time to time revise, a scheme prescribing—

(a)fees payable in respect of applications for registration under section 7 or 10 or an authorisation under section 13 or 14;

(b)fees payable in respect of the variation of the registration under section 12 or, as the case may be, in respect of the variation of the authorisation under section 17;

(c)charges payable by a person to whom such a registration relates or to whom such an authorisation has been granted in respect of the subsistence of that registration or authorisation;

and it shall be a condition of any such registration or authorisation that any applicable prescribed charge is paid in accordance with that scheme.

(2)The power to make and revise a scheme under this section, so far as it relates to, or to applications for, authorisations under section 13 which may only be granted by the chief inspector and the Minister of Agriculture, Fisheries and Food shall not be exercisable without the consent of the Minister of Agriculture, Fisheries and Food.

(3)A scheme under this section may, in particular—

(a)provide for different fees or charges to be payable in different cases or circumstances, and

(b)provide for the times at which and the manner in which payments are to be made;

and a scheme may make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate and different schemes may be made and revised for different areas.

(4)The Secretary of State shall so frame a scheme under this section as to secure, so far as practicable, that the amounts payable under it are sufficient, taking one financial year with another, to cover—

(a)the expenditure of the chief inspector and the Minister of Agriculture, Fisheries and Food in exercising their functions under this Act in relation to registrations and authorisations,

(b)the expenditure of the Secretary of State in exercising in relation to Wales such of his functions under this Act in relation to registrations and authorisations as are exercised by the Minister of Agriculture, Fisheries and Food in relation to England.

(5)The Secretary of State shall, on making or revising a scheme under this section, lay a copy of the scheme or of the revisions before each House of Parliament.

(6)In the application of this section to Northern Ireland—

(a)references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland,

(b)references to the Minister of Agriculture, Fisheries and Food shall have effect as references to the Department of Agriculture for Northern Ireland,

(c)the reference to the Treasury shall have effect as a reference to the Department of Finance and Personnel in Northern Ireland,

(d)the reference to each House of Parliament shall have effect as a reference to the Northern Ireland Assembly, and

(e)subsection (4)(b) shall be omitted.

44Regulations and orders: Great Britain.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45Regulations and orders: Northern Ireland.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46Effect of Act on other rights and duties.#

Subject to the provisions of section 40 of this Act, and of section 18 of the ^noteInterpretation Act 1978 (which relates to offences under two or more laws), nothing in this Act shall be construed as—

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

47General interpretation provisions.#

(1)In this Act, except in so far as the context otherwise requires—• “the appropriate Agency” means— (a) in relation to England and Wales, the Environment Agency; and(b) in relation to Scotland, SEPA;• “the appropriate Minister” means, in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;• “high-activity sealed source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;• “article” includes a part of an article,• “the Basic Safety Standards Directive” means Council Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from the exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom;• “the chief inspector” means—(a) ^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(b) ^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(c) in relation to Northern Ireland, the chief inspector for Northern Ireland appointed under section 4(7),• “disposal”, in relation to waste, includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “dispose of” shall be construed accordingly,• “the HASS Directive” means Council Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan sources;• “high-activity source” has the same meaning as it has in the HASS Directive but excluding any such source once its activity level has fallen below the exemption levels specified in column 2 of Table A to Annex I to Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation,• “local authority” (except where the reference is to a public or local authority) means—(a) in England ^note..., the council of a county, district or London borough or the Common Council of the City of London or an authority established by the ^noteWaste Regulation and Disposal (Authorities) Order 1985,(aa) in Wales, the council of a county or county borough;(b) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and(c) in Northern Ireland, a district council,• “m”, where it appears after a radionuclide, means a radionuclide in a metastable state of radioactive decay in which gamma photons are emitted;• “NORM industrial activity” means the industrial activities involving radionuclides of natural terrestrial or cosmic origin, which activities are listed in Table 1, but not including any such activity where radionuclides of natural terrestrial or cosmic origin are processed for their radioactive, fissile or fertile properties;• “nuclear site” means—(a) any site in respect of which a nuclear site licence is for the time being in force, or(b) any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,• “nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the ^noteNuclear Installations Act 1965,• “orphan source” has the same meaning as it has in the HASS Directive,“orphan source” has the same meaning as in the Basic Safety Standards Directive;• “premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water,• “prescribed”—(a) in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section;(b) in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; and(c) in other contexts, means prescribed by regulations under this Act.• “the prescribed period for determinations”, in relation to any application under this Act, means, subject to subsection (2), the period of four months beginning with the day on which the application was received,• “public or local authority”, in relation to England and Wales, includes a water undertaker or a sewerage undertaker,• “relevant liquid” means a liquid which—(a) is non-aqueous; or(b) is classified (or would be so classified in the absence of its radioactivity) under Council Regulation No. 1272/2008 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—(a) acute toxicity: categories 1, 2 or 3;(b) skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C; or(c) hazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;• “relevant water body” means—(a) in England and Wales, ^note..., a water undertaker, a sewerage undertaker or an inshore fisheries and conservation authority ^note...,(b) in Scotland, ^note..., a district salmon fishery board established under section 14 of the ^noteSalmon Act 1986 or Scottish Water, and(c) in Northern Ireland, the Fisheries Conservation Board for Northern Ireland, or a water undertaker or a sewerage undertaker within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006 • “SEPA” means the Scottish Environment Protection Agency;• “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour,• “undertaking” includes any trade, business or profession and—(a) in relation to a public or local authority, includes any of the powers or duties of that authority, and(b) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body, and• “waste” includes any substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and also includes any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt.

(1B)The provisions of Schedule 3 shall apply where –

(2)

(3)

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(5A)A reference in this Act to the keeping or use of radioactive material means, in relation to a high-activity source, any practice in relation to that source except the disposal or accumulation of the source: and “practice” must be construed in accordance with Council Directive 96/29/EURATOMCouncil Directive 2013/59/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.

(5B)The Executive shall not take any action to which paragraph (5A) applies unless it has followed the procedure set out in Chapter II of the model rules as if—

(a)

(b)

for the purposes of those rules.

(5C)Any person aggrieved by an action of the Executive to which paragraph (5A) applies may appeal against that action to a Tribunal and Chapter I of the model rules shall apply for the purposes of such an appeal as if—

(a)

(b)

for the purposes of those rules.

(6)

48Index of defined expressions.#

The following Table shows provisions defining or otherwise explaining expressions for the purposes of this Act—

the appropriate Agency	section 47(1)
the appropriate Minister	section 47(1)
article	section 47(1)
the chief inspector	section 47(1)
contamination	section 47(5)
disposal	section 47(1)
the HASS Directive	section 47(1)
high-activity source	section 47(1)
licensee (in relation to a nuclear site licence)	section 47(1)
local authority	section 47(1)
m	section 47(1)
mobile radioactive apparatus	section 3
NORM industrial activity	section 47(1
nuclear site	section 47(1)
nuclear site licence	section 47(1)
orphan source	section 47(1)
period of responsibility (in relation to a nuclear site licence)	section 47(1)
premises	section 47(1)
prescribed	section 47(1)
the prescribed period for determinations	section 47(1) and (2)
public or local authority	section 47(1)
radioactive material	section 1A
radioactive waste	section 1A
relevant liquid	section 47(1)
relevant water body	section 47(1)
SEPA	section 47(1)
substance	section 47(1)
Table 1	section 1A
Table 2	section 1A
Table 3	section 1A
Table 4	section 1A
undertaking	section 47(1)
waste	section 47(1) and (4).
+ or sec	section 47(5B)

49Consequential amendments and transitional and transitory provisions.#

(1)

(2)

50Repeals.#

The enactments and instruments specified in Schedule 6 (which include spent enactments) are repealed or, as the case may be, revoked to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.

51Short title, commencement and extent.#

(1)This Act may be cited as the Radioactive Substances Act 1993.

(2)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3)This Act extends to Northern Ireland.

Offences

32Offences relating to registration or authorisation.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(2)

(a)

(b)

(3)

33Offences relating to ss. 19 and 20.#

(1)

(a)

(b)

(2)

(3)

(a)

(b)

34Disclosure of trade secrets.#

(1)

(a)

(b)

(bb)the revision or supersession referred to in sub-paragraph (b);

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(2)

(a)

(b)

(3)

(4)

34AOffences of making false or misleading statements or false entries.#

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(a)

(b)

35Obstruction.#

(1)Any person who—

(a)intentionally obstructs an inspector or other person in the exercise of any powers conferred by section 31, or

(b)refuses or without reasonable excuse fails to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector or other person under that section,

shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

36Offences by bodies corporate.#

(1)

(2)

37Offence due to another’s fault.#

Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person may by virtue of this section be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.

38Restriction on prosecutions.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(a)

(b)

(3)

Preliminary

1Meaning of “radioactive material”.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1AMeaning of “radioactive material” and “radioactive waste”#

In this Act, except as provided by sections 1E, 1F, 1G , 1GA and 1H—• “radioactive material” means a substance or article which is not waste, and which satisfies the requirements of any of sections 1B, 1C and 1D as they apply to such a substance or article;• “radioactive waste” means a substance or article which is waste, and which satisfies the requirements of any of sections 1B, 1C and 1D; and• “Table 1”, “Table 2”, “Table 3” and “Table 4” mean the tables with those numbers in Schedule 1A.

1BNORM industrial activities#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

1CProcessed radionuclides of natural terrestrial or cosmic origin#

A substance or article is radioactive material or radioactive waste where—

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

1DRadionuclides not of natural terrestrial or cosmic origin#

A substance or article which contains one or more radionuclides that are not of natural terrestrial or cosmic origin is radioactive material or radioactive waste where—

(a)

(b)

1DADilution to reduce concentration of radioactivity: Northern Ireland#

For the purposes of section 1B, 1C and 1D, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in section 1B(2), 1C(c)(i) or 1D(a), if a person has deliberately diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value.

1ERadionuclides with a short half-life#

A substance or article is not radioactive material or radioactive waste where none of the radionuclides which it contains or which it consists of has a half-life exceeding 100 seconds.

1FRadionuclides not of natural terrestrial or cosmic origin in background radioactivity#

(1)

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(2)

1GContaminated substances or articles#

(1)

(a)

(b)

(2)

1GAHistoric radium contamination: Northern Ireland#

A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

(a)the substance or article contains Ra-226 or its progeny;

(b)in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste under this section;

(c)the contamination occurred prior to 13 May 2000; and

(d)the concentration of Ra-226 and any progeny resulting from the decay of Ra-226 does not exceed the following values—

(i)for a substance or article which is a solid or a substance which is relevant a liquid, 1Bq/g;

(ii)for a substance which is any other liquid, 1Bq/l; or

(iii)for a substance which is a gas, 0.01 Bq/m³.

1HSubstances or articles after disposal#

(1)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(2)

(a)

(b)

(3)

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

1JVariation of tables in Schedule 1A#

The Department of the Environment may by order vary the provisions of Table 2 and Table 3, either by adding further entries to any column of those tables or by altering or deleting any entry for the time being contained in any column.

2Meaning of “radioactive waste”.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Meaning of “mobile radioactive apparatus”.#

In this Act “mobile radioactive apparatus” means any apparatus, equipment, appliance or other thing which is radioactive material and—

(a)

(b)

Authorisation of disposal and accumulation of radioactive waste

13Disposal of radioactive waste.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

14Accumulation of radioactive waste.#

(1)

(2)

(3)

(4)

(a)

(b)

14ARadioactive waste: requirements to be imposed on persons authorised to dispose of and accumulate radioactive waste: Northern Ireland#

(1)The chief inspector shall require a person who holds an authorisation to carry on the radioactive substances activity described in section 13(3) (disposal of radioactive waste) or section 14(2) (accumulation of radioactive waste) to—

(a)achieve and maintain an optimal level of protection of members of the public;

(b)accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

(c)check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

(d)seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

(2)In this section “radioactive waste adviser” means a person with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the chief inspector.

15Further exemptions from ss. 13 and 14.#

(1)

(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(1B)The provisions of Schedule 3 shall apply where –

(1C)Where the provisions of Schedule 3 apply and, by virtue of regulation 4(3) of the Maintenance Assessment Procedure Regulations, the relevant date would be –

(a)

(b)

(c)none of those five gives rise to a quantity of radioactive waste exceeding the figure in the third column of the Table corresponding to the relevant radionuclide listed in the second column.

TABLE
Type of clock or watch	Radionuclide	Relevant value (becquerels)
i Watches bearing radioluminescent deposits and intended to be worn or carried on the person	TritiumPromethium 147Radium 226	2.8 x 10⁸5.5 x 10⁶5.6 x 10³
ii Clocks bearing radioluminescent deposits	TritiumPromethium 147Radium 226	3.7 x 10⁸7.4 x 10⁶7.4 x 10³
iii Clocks or watches requiring greater luminosity than categories (i) or (ii) above, and having their dials marked at the time of manufacture with “T 25” (tritium), “Pm 0.5” (Promethium 147) or “Ra 1.5” (Radium 226)	TritiumPromethium 147Radium 226	9.3 x 10⁸1.9 x 10⁷5.6 x 10⁴
iv Watches containing small sealed glass tubes internally coated with a phosphor and filled with tritium gas	Tritium	7.4 x 10⁹

(2)

(3)

16Grant of authorisations.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

(8)

(a)

(b)

(8A)Where different individual products are grouped together to be sold as a single sales unit, this regulation must be applied separately to determine the producer of—

(8B)The supply of any other video recording is an exempted supply if the recording is supplied for the purpose only of its use in connection with a supply that is an exempted supply under subsection (8A).

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(9)Where a person making a surrender under regulation D14—

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

(a)

(b)

16ATransfer of authorisations#

(1)

(a)

(b)

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(a)

(b)

(7)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(8)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(9)Where a person making a surrender under regulation D14—

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

(11)

(a)

(b)

17Revocation and variation of authorisations.#

(1)

(2)

(a)

(b)

(2ZA)The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the authorisation.

(2ZB)But where an application for the variation of an authorisation is made by that person, it must be accompanied—

(a)

(b)

(3)

(a)

(b)

(4)

17AReview of authorisations and inspection of premises authorised in this Act#

(1)

(a)

(b)

(d)

(1A)

(a)

(b)

(2)

• “the authorising authority”— (a) in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and(b) in relation to an authorisation having effect in Northern Ireland, means the chief inspector;• “periodic reviews”, in relation to an authorisation, means reviews at such regular intervals as the authorising authority thinks fit in the case of that authorisation.

18Functions of public and local authorities in relation to authorisations under s. 13.#

(1)

(2)

(a)

(b)

(3)

Enforcement notices and prohibition notices

21Enforcement notices.#

(1)

(a)

(b)

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(4)

(a)

(b)

22Prohibition notices.#

(1)

(2)

(3)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(7)

Further obligations relating to registration or authorisation

19Duty to display documents.#

At all times while—

(a)

(b)

the person to whom the registration relates, or who holds the authorisation , as the case may be, shall cause copies of the certificate of registration or authorisation issued to him under this Act to be kept posted on the premises, in such characters and in such positions as to be conveniently read by persons having duties on those premises which are or may be affected by the matters set out in the certificate.

20Retention and production of site or disposal records.#

(1)

(2)

(a)

(b)

(3)

(4)In this section, in relation to a registration and the person registered or an authorisation and the person authorised—• “the activities regulated” by his registration or authorisation means—(a) in the case of registration under section 7, the keeping or use of radioactive material,(b) in the case of registration under section 10, the keeping, using, lending or hiring of the mobile radioactive apparatus,(c) in the case of an authorisation under section 13, the disposal of radioactive waste, and(d) in the case of an authorisation under section 14, the accumulation of radioactive waste,• “records” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation, and “site records” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept , source transfer records” means records relating to the transfer of control of high-activity sources and “disposal records” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on, and• “specified” means specified in a notice under this section.

Further powers of Secretary of State in relation to radioactive waste

29Provision of facilities for disposal or accumulation of radioactive waste.#

(1)

(2)

(3)

(4)

30Power of Secretary of State to dispose of radioactive waste.#

(1)

(a)

(b)

(2)

(3)

(a)

(b)

(4)

30ARecovery and disposal of orphan sources#

(1)

(2)

(3)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(6)

Inspectors and chief inspector

4Inspectors and chief inspector appointed by Secretary of State.#

(1)The Secretary of State may appoint as inspectors, to assist him in the execution of this Act, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient.

(2)For the purposes of this Act the Secretary of State shall—

(a)appoint one of those inspectors to be chief inspector for England and Wales, and

(b)appoint one of them to be chief inspector for Scotland.

(3)A person may be appointed both as an inspector or as chief inspector under this section and as an inspector or as chief inspector under section 16 of the ^noteEnvironmental Protection Act 1990.

(4)The chief inspector may, to any extent, delegate his functions under this Act to any other inspector appointed under this section.

(5)The Secretary of State may make to or in respect of any person appointed by him under this section such payments, by way of remuneration, allowances or otherwise, as he may, with the approval of the Treasury, determine.

(6)In England and Wales, an inspector appointed under this section, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under this Act.

(7)In the application of this section to Northern Ireland—

(a)references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland,

(b)the reference in subsection (5) to the Treasury shall have effect as a reference to the Department of Finance and Personnel in Northern Ireland,

(c)the reference in subsection (3) to section 16 of the ^noteEnvironmental Protection Act 1990 shall have effect as a reference to section 10 of the ^noteAlkali, &c. Works Regulation Act 1906,

(d)subsections (2) and (6) shall not apply;

and the Department of the Environment for Northern Ireland shall appoint one of the inspectors appointed by it under subsection (1) to be the chief inspector for Northern Ireland.

5Appointment of inspectors by Minister of Agriculture, Fisheries and Food.#

(1)For the purposes of the execution of this Act in relation to any premises in England which are situated on a nuclear site, the Minister of Agriculture, Fisheries and Food may appoint as inspectors such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient.

(2)The Minister of Agriculture, Fisheries and Food may make to or in respect of any person appointed by him under this section such payments, by way of remuneration, allowances or otherwise, as he may, with the approval of the Treasury, determine.

(3)This section shall have effect in relation to Northern Ireland as it has effect in relation to England, but with the substitution—

(a)for references to the Minister of Agriculture, Fisheries and Food of references to the Department of Agriculture for Northern Ireland, and

(b)for the reference to the Treasury of a reference to the Department of Finance and Personnel in Northern Ireland.

Operation of other statutory provisions

40Radioactivity to be disregarded for purposes of certain statutory provisions.#

(1)

(2)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(3)In this section—• “statutory provision”—(a) in relation to Great Britain, means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act or Act of the Scottish Parliament, whether of a general or a special nature, and(b) in relation to Northern Ireland, has the meaning given by section 1(f) of the ^noteInterpretation Act (Northern Ireland) 1954,• “local enactment” means—(a) a local or private Act (including a local or private Act of the Parliament of Northern Ireland or a local or private Measure of the Northern Ireland Assembly), or(aa) an Act of the Scottish Parliament the Bill for which was a private Bill for the purposes of the standing orders of the Scottish Parliament,(b) an order confirmed by the Scottish Parliament, Parliament (or by the Parliament of Northern Ireland or the Northern Ireland Assembly) or brought into operation in accordance with special parliamentary procedure,and any reference to disposal, in relation to a statutory provision, is a reference to discharging or depositing a substance or allowing a substance to escape or to enter a stream or other place, as may be mentioned in that provision.

(4)

Powers of Secretary of State in relation to applications etc.

23Power of Secretary of State to give directions to chief inspector.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(ca)to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);

(cb)section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.

(d)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

24Power of Secretary of State to require certain applications to be determined by him.#

(1)

(a)

(b)

(2)

(3)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25Power of Secretary of State to restrict knowledge of applications etc.#

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(a)

(b)

(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.

(a)

(b)

(3B)Where paragraph (3A) applies, the Committee—

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public access to documents and records

39Public access to documents and records.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

Registration relating to use of radioactive material and mobile radioactive apparatus

6Prohibition of use of radioactive material without registration.#

No person shall, on any premises which are used for the purposes of an undertaking carried on by him, keep or use, or cause or permit to be kept or used, radioactive material of any description, knowing or having reasonable grounds for believing it to be radioactive material, unless either—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

7Registration of users of radioactive material.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(3)

(4)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(7)

(7A)The notice under paragraph (7) must be given before the expiry of the period of 12 months beginning with the date that he became an active member again (or such longer period as the Committee may allow).

(a)

(b)

(8)

(a)

(b)

8Exemptions from registration under s. 7.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

(8)

9Prohibition of use of mobile radioactive apparatus without registration.#

(1)

(a)

(b)

(2)

(a)

(b)

10Registration of mobile radioactive apparatus.#

(1)

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

11Exemptions from registration under s. 10.#

(1)

(2)

(3)

12Cancellation and variation of registration.#

(1)

(a)

(b)

(2)

(a)

(b)

Rights of entry

31Rights of entry and inspection.#

(1)Any person who is either an inspector appointed under section 4 or a person authorised in that behalf by the Secretary of State (in this section referred to as an “inspector”) may, for the purposes of the execution of this Act,—

(a)enter, at any reasonable time or, in an emergency, at any time, upon any premises to which this subsection applies, with such equipment as the inspector may require,

(b)carry out such tests (including dismantling and subjecting to any process) and inspections and take such photographs on any such premises, and obtain and take away such samples from the premises, as the inspector may consider necessary or expedient,

(c)give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purpose of any tests or inspections, and

(d)require the occupier of any such premises, or any person with duties on or in connection with the premises, to provide the inspector with such facilities and assistance and such information relating to the use of the premises, or to permit him to inspect such documents relating thereto, as the inspector may require, and in the case of answers to his questions, to sign a declaration of the truth of the answers.

(2)Subsection (1) applies—

(a)to any premises in respect of which a person is for the time being registered under section 7,

(b)to any premises in respect of which a person is exempted from such registration by section 8(1), and

(c)to any premises in respect of which an authorisation granted under section 13(1) or 14 is for the time being in force.

(3)In relation to premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsection (1) shall have effect subject to section 6(3) of the ^noteAtomic Energy Authority Act 1954 (which restricts entry to such premises where they are prohibited places within the meaning of Part 1 of the National Security Act 2023).

(4)Where an inspector has reasonable grounds for believing—

(a)that radioactive material has been or is being kept or used on any premises to which subsection (1) does not apply, or

(b)that radioactive waste has been or is being disposed of or accumulated on or from any such premises,

the inspector may exercise, in relation to those premises, any of the powers which are conferred by subsection (1) in relation to premises to which that subsection applies, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(5)Any person authorised in that behalf by the Secretary of State may at any reasonable time enter upon any premises for the purpose of disposing of radioactive waste in the exercise of the powers conferred by section 30, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(6)Subject to subsection (7), no power shall be exercisable by virtue of subsection (4) or (5) in respect of any premises except—

(a)with consent given by or on behalf of the occupier of the premises, or

(b)under the authority of a warrant granted under the provisions of Schedule 2, or

(c)where entry is required in a case of emergency.

(7)Subsection (6) does not apply in respect of—

(a)premises in respect of which—

(i)a person has been (but is no longer) registered under section 7, or

(ii)an authorisation has been (but is no longer) in force under section 13(1) or 14, or

(b)premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or is being kept or used.

(8)In England, subject to section 6(3) of the ^noteAtomic Energy Authority Act 1954, any person who is either an inspector appointed under section 5 of this Act or a person authorised in that behalf by the Minister of Agriculture, Fisheries and Food may, for the purposes of the execution of this Act in relation to any premises situated on a nuclear site, exercise in relation to any such premises (but not in relation to any other premises) any of the powers conferred by paragraphs (a) to (d) of subsection (1) of this section, as if references in those paragraphs to an inspector included a reference to a person appointed or authorised as mentioned in this subsection.

(9)An inspector appointed under section 4 or 5 shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(10)The provisions of Schedule 2 shall have effect for the purposes of this section.

(11)In this section any reference to a case of emergency is a reference to a case where a person requiring entry to any premises in pursuance of this section has reasonable cause to believe—

(a)that circumstances exist which are likely to endanger life or health, and

(b)that immediate entry to the premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

(12)In the application of this section to Northern Ireland—

(a)references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b)subsection (8) shall apply as it applies in England, but as if the reference to the Minister of Agriculture, Fisheries and Food were a reference to the Department of Agriculture for Northern Ireland.

Schedule 1 · Specified elements

Schedule 2 · Exercise of rights of entry and inspection

(1)A person entering upon any premises in the exercise of any power conferred by this Act shall, if so required, produce written evidence of his authority before entering.

(2)Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person for the purpose of exercising a power conferred by this Act in respect of the premises, the justice, subject to paragraph 3, may by warrant under his hand authorise that person to enter upon the premises.

(3)A justice of the peace shall not grant a warrant under paragraph 2 unless he is satisfied—

(a)that admission to the premises for the purpose of exercising the power in question was sought—

(i)in the case of premises to which section 31(1) applies, after not less than twenty-four hours’ notice of the intended entry had been given to the occupier, or

(ii)in the case of any other premises, after not less than seven days’ notice of the intended entry had been so given, or

(b)that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier, or

(c)that the premises are unoccupied, or

(d)that an application for admission would defeat the object of the entry.

(4)Every warrant granted under this Schedule shall remain in force until the purpose for which the entry is required has been satisfied.

(5)Any person who, in the exercise of a power conferred by this Act, enters any premises which are unoccupied, or of which the occupier is temporarily absent, shall leave the premises as effectually secured against unauthorised entry as he found them.

(6)Before a person carries out any test on any premises, in the exercise of any power conferred by this Act, he shall consult with such persons having duties on the premises as may appear to him to be appropriate in order to secure that the carrying out of the test does not create any danger.

(7)Any power of entry conferred by this Act shall, if exercised under the authority of a warrant granted under this Schedule or in a case of emergency, but not in any other case, include power to enter, if need be, by force.

(8)Any power of entry, or of carrying out tests or inspections, or of obtaining or taking away samples, conferred on any person by this Act may be exercised by him either alone or together with any other persons.

(9)In this Schedule any reference to a case of emergency shall be construed in accordance with section 31(11).

(10)This Schedule shall have effect in relation to Scotland with the substitution for any reference to a justice of the peace of a reference to the sheriff.

Schedule 3 · Enactments, other than local enactments, to which s. 40 applies

Part II · Scotland

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part I · England and Wales

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III · Northern Ireland

(19)Section 26 of the ^notePublic Health Acts Amendment Act 1890.

(26)Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

Schedule 4 · Consequential amendments

The Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19))

(4)

(a)

(b)

The Continental Shelf Act 1964 (c. 29)

(1)

The Nuclear Installations Act 1965 (c. 57)

(2)

The Control of Pollution Act 1974 (c. 40)

(3)

The Atomic Energy (Miscellaneous Provisions) Act 1981 (c. 48)

(5)

The Environmental Protection Act 1990 (c. 43)

(6)

(7)

(8)

(9)

The Atomic Weapons Establishment Act 1991 (c. 46)

(10)After paragraph 10 of the Schedule to the Atomic Weapons Establishment Act 1991 there is inserted—“10A 1 For the purposes of the Radioactive Substances Act 1993, so far as relating to authorisations required under section 13(1) of that Act for the disposal of radioactive waste, a relevant site in designated premises shall be treated as a site in respect of which a nuclear site licence is for the time being in force.2 For the purposes of sub-paragraph (1) above, “relevant site” means a site used by a contractor for the purposes of any activity which would, if section 1 of the Nuclear Installations Act 1965 applied to the site, require a nuclear site licence.”

The Water Resources Act 1991 (c. 57)

(11)

Schedule 5 · Transitional and transitory provisions

Part I · General transitional provisions and savings

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(a)

(b)

Part II · Transitory modifications of Schedule 3

(8)

(9)

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(a)

(b)after paragraph 2 there shall be inserted—“2A Sections 2, 5 and 7 of the Rivers (Prevention of Pollution) Act 1961.”

(4)

(a)

(b)

(10)

(1)

(a)

(b)

(2)

(a)

(b)

(11)

(a)with the insertion after paragraph 4 of the following paragraph—“4B The Control of Pollution (Special Waste) Regulations 1980.”

(b)with the insertion after paragraph 17 of the following paragraph—“17A The Control of Pollution (Special Waste) Regulations 1980.”

(12)Until the commencement of the repeal by Part II of Schedule 16 to the ^noteEnvironmental Protection Act 1990 of section 124 of the ^noteCivic Government (Scotland) Act 1982 (or, if the repeal of that section comes into force on different days, until the last of those days) Schedule 3 to this Act shall have effect with the insertion at the end of Part II of the following paragraph—“17B Section 124 of the Civic Government (Scotland) Act 1982.”