Radiological Protection (Amendment) Act 2002

1 Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“applicant” means a person who applies for a grant and cognate words shall be construed accordingly;

“contractor” means a person who carries out remediation works to a house whether pursuant to an agreement made by or on behalf of an applicant or otherwise;

“grant” means a payment of moneys for remediation works that are carried out in accordance with this Act;

“grant scheme” shall be construed in accordance with section 5(1);

“house” means any building or part of a building that is used as a place of residence;

“inspection”, in relation to remediation works, means an inspection for the purposes of ascertaining that the remediation works that are the subject of an application are required to be, and as the case may be, have been, carried out;

“remediation works” means works that may cause the level of radon gas in a house to be reduced;

“remediation works inspector” means a person appointed under section 5(6);

“prescribed” means prescribed by regulations made by the Minister;

“Principal Act” means the Radiological Protection Act, 1991.

(2) In this Act a reference to any other enactment shall be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment including this Act.

2 Amendment of section 30 of Principal Act.

2.—Section 30 of the Principal Act is hereby amended—

(a) in subsection (4) by the insertion of “pursuant to an order made” after “licence granted”,

(b) by the insertion of the following subsection after subsection (4):

“(4A) Where the Institute has, in accordance with subsection (4) (as amended by the Radiological Protection (Amendment) Act, 2002) of this section, attached a condition to a licence, the person to whom such licence has been granted shall comply with that condition.”,

(c) in subsection (5) by the insertion of “pursuant to an order made” after “licence granted”,

(d) by the substitution of the following subsection for subsection (7):

“(7) The Minister may, with the consent of the Minister for Finance, make regulations in relation to—

(a) the procedure for granting a licence including renewal or amendment of a licence and, without prejudice to the generality of the foregoing, may include provisions concerning—

(i) the application procedure including application for a renewal or amendment of a licence,

(ii) the requirement that an application for a licence, or a renewal or amendment of a licence, be made in writing,

(iii) the period within which an application for a licence or renewal or amendment of a licence is to be made including the requirement, where appropriate, that an application for a licence be made prior to the date of the expiration of the licence currently in force,

(iv) the period of time in respect of which a licence is to remain in force,

(v) the period of time within which fees, or a proportion of such fees, for an application for, renewal or an amendment of, a licence are to be paid to the Institute (including the payment of such fees prior to such grant, renewal or amendment), and

(vi) the circumstances in which the Institute may retain fees, or a proportion of such fees, paid to it pursuant to such regulations,

and

(b) the fixing of fees payable to the Institute and, without prejudice to the generality of the foregoing, may include the fixing of fees payable in respect of—

(i) an application for a licence or a renewal or an amendment of a licence,

(ii) any fee or proportion of a fee payable following the grant of a licence,

(iii) the number of nuclear devices and irradiating apparatus in respect of which the licence is granted,

(iv) the purpose of the licence granted under this section,

(v) the quantity of the radioactive substance in respect of which the licence is granted, and

(vi) any other matter arising out of an order made under this section,

and such fixing may include fees for different circumstances and different classes of persons,

and such regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of such regulations.”,

and

(e) by the insertion of the following subsections after subsection (7) (as inserted by this Act):

“(7A) The Institute shall not perform a function, provide a service or carry on an activity where a fee, that has been prescribed to be paid in regulations made by the Minister under subsection (7) (as amended by the Radio-logical Protection (Amendment) Act, 2002) of this section in respect of such function, service or activity, has not been paid in the manner prescribed.

(7B) The Institute may recover, as a simple contract debt in any court of competent jurisdiction, any sum of money due and owing to it from the person by whom such sum is payable.

(7C) The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act.”,

and the said section, as so amended, is set out in the Table to this section (which Table does not purport to indicate the effect of any adaptation of references to any Minister of the Government specified therein made by or under any enactment).

TABLE

30.—(1) The Minister may, after consultation with the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Health, Education, Foreign Affairs, the Environment, Tourism and Transport, the Marine, Communications and Defence and the Institute, by order regulate, restrict or prohibit (save under licence issued by the Institute) the custody, production, processing, handling, holding, storage, use, manufacture, importation, distribution, transportation, exportation or other disposal of such radioactive substances, nuclear devices, or irradiating apparatus, as may be specified in the order, and any such order may have regard to varying levels of activity or ionising radiation and to the extent to which such substances, devices or apparatus are or may be, in his opinion, a danger to the life or health of any person.

(2) For the purpose of giving effect to existing and future acts adopted by the Institutions of the European Communities relating to the health protection of the general public and workers against the dangers of ionising radiation the Minister after consultation with the Ministers referred to in subsection (1) of this section and the Institute, may make an order under this section.

(3) An order made under subsection (2) of this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order.

(4) A licence granted pursuant to an order made under this section shall be subject to such conditions as the Institute may attach to it, including a condition that the licence may be revoked if the Institute is of the opinion that any such condition has not been observed.

(4A) Where the Institute has, in accordance with subsection (4) (as amended by the Radiological Protection (Amendment) Act, 2002) of this section, attached a condition to a licence, the person to whom such licence has been granted shall comply with that condition.

(5) A licence granted pursuant to an order made under this section by the Institute may be amended or revoked by the Institute.

(6) A person whose licence has been amended or revoked may apply to the High Court for a declaration and the High Court, having heard the evidence adduced, may at its discretion declare that the exigencies of the common good do not require the amendment or revocation of the licence and upon the making of such a declaration the Institute shall re-issue the licence.

(7) The Minister may, with the consent of the Minister for Finance, make regulations in relation to—

(a) the procedure for granting a licence including renewal or amendment of a licence and, without prejudice to the generality of the foregoing, may include provisions concerning—

(i) the application procedure including application for a renewal or amendment of a licence,

(ii) the requirement that an application for a licence, or a renewal or amendment of a licence, be made in writing,

(iii) the period within which an application for a licence or renewal or amendment of a licence is to be made including the requirement, where appropriate, that an application for a licence be made prior to the date of the expiration of the licence currently in force,

(iv) the period of time in respect of which a licence is to remain in force,

(v) the period within which fees, or a proportion of such fees, for an application for, renewal or an amendment of, a licence are to be paid to the Institute (including the payment of such fees prior to such grant, renewal or amendment), and

(vi) the circumstances in which the Institute may retain fees, or a proportion of such fees, paid to it pursuant to such regulations,

and

(b) the fixing of fees payable to the Institute and, without prejudice to the generality of the foregoing, may include the fixing of fees payable in respect of—

(i) an application for a licence or a renewal or an amendment of a licence,

(ii) any fee or proportion of a fee payable following the grant of a licence,

(iii) the number of nuclear devices and irradiating apparatus in respect of which the licence is granted,

(iv) the purpose of the licence granted under this section,

(v) the quantity of the radioactive substance in respect of which the licence is granted, and

(vi) any other matter arising out of an order made under this section,

and such fixing may include fees for different circumstances and different classes of person,

and such regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of such regulations.

(7A) The Institute shall not perform a function, provide a service or carry on an activity where a fee, that has been prescribed to be paid in regulations made by the Minister under subsection (7) (as amended by the Radiological Protection (Amendment) Act, 2002) of this section in respect of such function, service or activity, has not been paid in the manner prescribed.

(7B) The Institute may recover, as a simple contract debt in any court of competent jurisdiction, any sum of money due and owing to it from the person by whom such sum is payable.

(7C) The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act.

(8) The Minister may, after consultation with the Ministers referred to in subsection (1) of this section and the Institute, by order amend or revoke an order under this section.

3 Amendment of section 40 of Principal Act.

3.—Section 40 of the Principal Act is hereby amended by the insertion of the following subsections after subsection (1):

“(1A) A person who—

(a) makes a statement which that person knows to be false or misleading in a material particular, or

(b) recklessly makes a statement which is false or misleading in a material particular,

when making an application for a licence in accordance with an order or regulations made under section 30 (as amended by the Radiological Protection (Amendment) Act, 2002) of this Act, including an application for a renewal or an amendment of a licence, shall be guilty of an offence.

(1B) A person who fails to comply with a condition, or any provision of such condition, that is attached to a licence granted pursuant to an order or regulations made under section 30 (as amended by the Radiological Protection (Amendment) Act, 2002) shall be guilty of an offence.”.

4 Amendment of section 41 of Principal Act.

4.—Section 41 of the Principal Act is hereby amended—

(a) in subsection (1) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(b) in subsection (2) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(c) in subsection (3) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(d) in subsection (4) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(e) in subsection (5) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(f) in subsection (7) (inserted by the Food Safety Authority of Ireland Act, 1998) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”, and

(g) by the insertion of the following subsection after subsection (7) (inserted by the Food Safety Authority of Ireland Act, 1998):

“(8) A summary offence under section 40(1A) or 40(1B) (inserted by the Radiological Protection (Amendment) Act, 2002) of this Act may be prosecuted by the Minister of the Institute.”,

and the said section, as so amended, is set out in the Table to this section (which Table does not purport to indicate the effect of any adaptation of references to any Minister of the Government specified therein made by or under any enactment).

TABLE

41.—(1) A summary offence under section 40(1) of this Act for contravention of an order made under section 30 of this Act may be prosecuted by the Minister or the Institute.

(2) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(a) or (b) of this Act may be prosecuted by the Minister for Agriculture and Food.

(3) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(c) or (d) of this Act may be prosecuted by the Minister for the Marine.

(4) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(e) of this Act may be prosecuted by the Minister for Finance.

(5) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(f) of this Act may be prosecuted by the Minister for Health.

(6) A summary offence under section 29 of this Act in relation to an offence concerning an inspector may be brought by the Minister who appointed that inspector or by the Institute if the Institute appointed that inspector or by the Food Safety Authority of Ireland, in respect of an offence committed after its establishment, if the Food Safety Authority of Ireland appointed that inspector.

(7) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1) of this Act, committed after the establishment of the Food Safety Authority of Ireland, may be prosecuted by the Food Safety Authority of Ireland.

(8) A summary offence under section 40(1A) or 40(1B) (inserted by the Radio-logical Protection (Amendment) Act, 2002) of this Act, may be prosecuted by the Minister or the Institute.

5 Remediation works grant.

5.—(1) The Minister shall, subject to regulations made under section 8, make a payment, out of moneys provided by the Oireachtas, to the Institute for the purpose of administering and paying out moneys for carrying out remediation works to any house with a radon gas measurement that is greater than 200 becquerels per cubic metre to an applicant and such payment shall include provision for administration costs incurred by the Institute in the administration of the grant scheme.

(2) The Institute shall administer the grant scheme in accordance with this Act and regulations made under section 8.

(3) The Institute may, for the purposes of the administration of such grant scheme, provide administrative structures for the performance of its functions.

(4) The Minister may cause to be published such information in relation to the grant scheme as in the opinion of the Minister is necessary from time to time.

(5) The Institute shall establish a system for the inspection of any house and remediation works that are the subject of an application under this Act.

(6) The Institute shall appoint a person to be a remediation works inspector to carry out such inspections under this Act and any regulation made under section 8 and may revoke any such appointment and sections 28(6) and 29(3) to (8) of the Principal Act shall apply, with any necessary modifications, to a remediation works inspector appointed under this section.

(7) The Institute shall furnish the Minister with such information regarding the performance by the Institute of its functions under this Act as the Minister may from time to time request.

(8) The Institute shall keep the records referred to in subsection (9) for a period prescribed by the Minister and thereafter shall furnish such records to the Minister.

(9) The records referred to in subsection (8) include a record of each application for a grant made under the Act, the level of radon gas submitted in respect of such application and the grant paid to the applicant.

6 Inspections.

6.—(1) An inspection of any house or remediation works under this Act shall not concern any building or other works carried out by the contractor, the applicant or any other person to a house where such works were required for the installation of the remediation works concerned in that house and an inspection or a report of a remediation works inspector under this Act shall not be construed as an inspection or approval of such building or other works.

(2) No action or other proceedings shall lie or be maintainable against the Minister, the Institute or a remediation works inspector for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by the carrying out of such building or other works or the failure to exercise or carry out any function conferred or imposed on the Minister, Institute or a remediation works inspector by or under this Act.

7 Payment of grant.

7.—(1) Where an applicant has complied with this Act and any regulations made under section 8 and the remediation works concerned have been carried out in accordance with this Act and regulations made under section 8 and have been completed, the Institute shall pay the grant concerned to the applicant.

(2) The amount of a grant to be paid to an applicant by the Institute shall be one half of the costs incurred by the applicant for the remediation works but subject to a maximum amount of €1,000, whichever sum is the lesser amount.

8 Regulations.

8.—(1) The Minister may, with the consent of the Minister for Finance, make regulations for the administration of the grant scheme by the Institute.

(2) The Minister may make regulations concerning the grant scheme and without prejudice to the generality of the foregoing, such regulations under this section may provide for all or any of the following—

(a) the date of commencement of the grant scheme and the date of cessation of the grant scheme,