The Radioactive Substances Exemption (Scotland) Order 2011

• (c) in respect of exempt radioactive substances which are sealed sources, electrodeposited sources or tritium foil sources, not modify or mutilate those sources or cause a loss of containment such that radioactive material or radioactive waste may be released outside the source;

• (d) allow SEPA access to such records or such premises as SEPA may request in order to determine that all of the conditions in respect of the relevant exemption are complied with;

• (e) hold the exempt radioactive substances safely and securely to prevent, so far as practicable—

• (i) accidental removal, loss or theft from the premises where they are held; or

• (ii) loss of containment; and

• (f) in respect of exempt radioactive substances in a container—

• (i) not modify or mutilate that container; and

• (ii) prevent any uncontrolled or unintended release of radioactive material or radioactive waste from the container.

Loss or theft conditions

4

• (1) A must, subject to sub-paragraph (2), in respect of an incident of loss or theft (or suspected loss or theft) of exempt radioactive substances (except mobile radioactive apparatus) from the premises where they are held—

• (a) notify the incident to SEPA as soon as practicable; and

• (b) include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any radioactive substances from those premises over the 12months preceding the incident being notified.

• (2) In respect of an incident described in sub-paragraph (1), a notification to SEPA is only necessary where in respect of the aggregated total amount of exempt radioactive substances (excluding mobile radioactive apparatus) lost or stolen (or suspected to have been lost or stolen) from the premises in the incident and in all other such incidents in the 12 months preceding it, the quantity of radioactivity exceeds the value that is ten times the value in column 2 of Table 1.

Loss or theft conditions: mobile radioactive apparatus

5

• (1) A must, subject to sub-paragraph (2), in respect of an incident of loss or theft (or suspected loss or theft) of mobile radioactive apparatus from A—

• (a) notify the incident to SEPA as soon as practicable; and

• (b) include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any mobile radioactive apparatus from A over the 12 months preceding the incident being notified.

• (2) In respect of an incident described in sub-paragraph (1), a notification to SEPA is only necessary where in respect of the aggregated total amount of mobile radioactive apparatus lost or stolen (or suspected to have been lost or stolen) from A in the incident and in all other such incidents in the 12 months preceding it, the quantity of radioactivity exceeds the value that is ten times the value in column 2 of Table 1.

Condition to dispose of accumulated waste

6

A must dispose of radioactive waste in respect of which the exemption in article 6(1)(a)(ii) or (b) or 9(1)(b) (as appropriate) applies as soon as practicable after it has become waste, and additionally in the case of such waste where it is a sealed source, a tritium foil source or an electrodeposited source, in any event within 26 weeks of that time unless SEPA advises in writing that a longer period of accumulation may take place.

SCHEDULE 3 — Revocations

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 21st February 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order revokes and replaces a series of exemption orders made under the Radioactive Substances Act 1993 (“the Act”) and its predecessor (the Radioactive Substances Act 1960[^f00010]) in order to rationalise the current system of exemptions and align this more closely with the structure and terminology used in the Basic Safety Standards Directive[^f00011].

Part 1 contains interpretative provisions and gives effect to Schedules 1 and 2. Special interpretative provisions are included in respect of waste arising from naturally occurring radioactive materials (NORM waste).

Part 2 confers exemptions from the requirement to register under section 7 of the Act (use of radioactive material) and from the requirement to be authorised under section 14 of the Act (accumulation of radioactive waste). Special provision in relation to NORM waste is contained in article 9.

Part 3 confers exemptions from the requirement to register under section 10 of the Act (use etc. of mobile radioactive apparatus).

Parts 4 to 7 create exemptions from the requirement to be authorised under section 13 of the Act in relation to the disposal of radioactive waste. Part 4 deals with disposal of solid radioactive waste, Part 5 with aqueous waste, Part 6 with gaseous waste and Part 7 with NORM waste.

The conditions to which the new exemptions are subject are set out in the relevant Parts. Where those conditions include a requirement to comply with “the relevant standard conditions”, those conditions are set out in Schedule 2.

Previous exemption orders are revoked by article 25 and Schedule 3. Part 8 contains transitional provisions in respect of holders of exemptions and exclusions created by any of the orders listed in that Schedule. Such operators will have a period of six months in which to apply for any registration or authorisation which they may now require if they do not qualify for exemption under this Order, and will continue to be protected pending any appeal.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Scottish Government Environmental Quality Division, Area 1-H North, Victoria Quay, Edinburgh EH6 6QQ.

Footnotes

[^f00001]: 1993 c.12. The functions of the Secretary of State were transferred to the Scottish Ministers by the Scotland Act 1998 (c.46), section53.

[^f00002]: S.I. 2010/675.

[^f00003]: O.J. L 182, 16.7.1999, p.1, as last amended by Directive 2008/98/EC of the European Parliament and of the Council (O.J.L312, 22.11.2008, p.3).

[^f00004]: O.J. L 312, 22.11.2008, p.3.

[^f00005]: 1968 c. 47, as relevantly amended by the Water Industry (Scotland) Act 2002 (asp 3), schedule 5, paragraph 41(b)(iv) and the Water Environment and Water Services (Scotland) Act 2003 (asp 3), schedule 3, paragraph 23(a).

[^f00006]: 1965 c.57, as relevantly amended by S.I. 1974/2056 and 1990/1918, Schedule 1, paragraph 1.

[^f00007]: S.I. 1990/2504.

[^f00008]: NRPB- R306 - Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive (April 1999), ISBN 0-85951-429-3.

[^f00009]: The concentrations in this table were calculated using methods adopted by the Health Protection Agency in their document HPA-CRCE-005 - Derivation of Liquid Exclusion or Exemption Levels to Support the RSA93 Exemption Order Review, published in August 2010 (ISBN 0-978-85951-673-0).

[^f00010]: 8 & 9 Eliz. 2 c.34.

[^f00011]: 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 ionizing radiation (O.J. L 159, 29.6.1996, p.1.)