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The Environmental Authorisations (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument

Publication 2018-06-28

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Reform history JSON API

(3) In section 142(7) (powers to obtain information about potentially hazardous substances), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

(4) In section 156(2) (power to give effect to EU and other international obligations etc.), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

Environment Act 1995

3

In section 42(3)(b) (Approval of charging schemes) of the Environment Act 1995 —

(a) for “under section 13(1) of the Radioactive Substances Act 1993” substitute “ for radioactive substances activities under the Environmental Authorisations (Scotland) Regulations 2018 ”; and

(b) for “that Act” substitute “ those Regulations ”.

Food Standards Act 1999

4

In schedule 3 (the Food Standard Agency's functions under other enactments) of the Food Standards Act 1999 for paragraph 21 substitute—

(21) (1) The Agency has the right to be consulted on the determination of any application for the grant or variation of an authorisation (including of any conditions to which the authorisation may be subject) under the Environmental Authorisations (Scotland) Regulations 2018 for the disposal of radioactive waste from any premises situated on a nuclear site. (2) In sub-paragraph (1), “nuclear site” has the same meaning as in paragraph 4(1) of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018.

Energy Act 2004

5

For section 10(2)(b) (powers for carrying out functions) of the Energy Act 2004 substitute—

(b) power to apply for and hold authorisations (within the meaning of the Environmental Authorisations (Scotland) Regulations 2018) that relate to radioactive substances activities (within the meaning given in regulation 4 of those Regulations);

PART 2 — Subordinate legislation

Special Waste Regulations 1996

6

(1) The Special Waste Regulations 1996 are amended in accordance with sub-paragraphs (2) and (3).

(2) In regulation 1(4) (citation, commencement, extent, application and interpretation), for sub-paragraph (b) in the definition of “waste” substitute—

(b) radioactive waste within the meaning of paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 which can be managed in accordance with the general binding rules specified in schedule 9 of those Regulations (whether or not the management of the radioactive waste requires to be notified in accordance with those Regulations);

(3) In regulation 3 (certain radioactive waste to be special waste), for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

Ionising Radiations Regulations 2017

7

For regulation 31(2)(b) (notification of certain occurrences) of the Ionising Radiations Regulations 2017 substitute—

(b) in relation to Scotland was in accordance with an authorisation for a radioactive substances activity within the meaning given in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.

Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000

8

In schedule 3 (accuracy classes for filling instruments) of the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 for “section 2 of the Radioactive Substances Act 1993” substitute “ paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 ”.

Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003

9

In schedule 3 (requirements relating to use) of the Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003 for “section 2 of the Radioactive Substances Act 1993” substitute “ paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 ”.

Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003

10

In schedule 3 (requirements in respect of use and manner of use) of the Weighing Equipment (Automatic Catchweighing) Regulations 2003 for “section 2 of the Radioactive Substances Act 1993” substitute “ paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018 ”.

Waste Management Licensing (Scotland) Regulations 2011

11

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Water Environment (Controlled Activities) (Scotland) Regulations 2011

12

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Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014

13

(1) The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014 is amended in accordance with sub-paragraphs (2) and (3).

(2) In the schedule (specified enactments), omit—

(a) paragraph 7; and

(b) paragraph 14.

(3) After paragraph 18 of the schedule insert—

(19) The Environmental Authorisations (Scotland) Regulations 2018.

Environmental Regulation (Relevant Offences) (Scotland) Order 2014

14

(1) The Environmental Regulation (Relevant Offences) (Scotland) Order 2014 is amended in accordance with sub-paragraphs (2) to (5).

(2) In schedule 1 (relevant offences for the purposes of section 34 of the Regulatory Reform (Scotland) Act 2014 (compensation orders against persons convicted of relevant offences))—

(a) omit paragraph 3; and

(b) after paragraph 14 insert—

(15) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(b) (contravention of regulation 8); (c) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (d) regulation 69(1)(d) (failure to comply with or contravention of a condition of a registration); (e) regulation 69(1)(e) (failure to comply with or contravention of a condition of a permit); (f) regulation 69(1)(f) (failure to comply with the requirements of a regulatory notice); (g) regulation 69(1)(g) (failure to comply with the requirements of a revocation notice); (h) regulation 69(1)(i) (failure to comply with an order of a court); and (i) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

(3) In schedule 2 (relevant offences for the purposes of section 35 of the Regulatory Reform (Scotland) Act 2014 (fines: courts to consider financial benefits))—

(a) omit paragraph 5; and

(b) after paragraph 26 insert—

(27) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(b) (contravention of regulation 8); (c) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (d) regulation 69(1(d) (failure to comply with or contravention of a condition of a registration); (e) regulation 69(1(e) (failure to comply with or contravention of a condition of a permit); (f) regulation 69(1(f) (failure to comply with the requirements of a regulatory notice); (g) regulation 69(1(g) (failure to comply with the requirements of a revocation notice); (h) regulation 69(1)(h) (failure to comply with an information notice without reasonable excuse); (i) regulation 69(1)(i) (failure to comply with an order by a court); (j) regulation 69(1)(j) (making a false, misleading or reckless statement); (k) regulation 69(1)(k) (making a false entry); (l) regulation 69(1)(l) (forging a document); and (m) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

(4) In schedule 3 (relevant offences for the purposes of section 36 of the Regulatory Reform (Scotland) Act 2014 (power to order conviction etc. for offence to be publicised))—

(a) omit paragraph 3; and

(b) after paragraph 14, insert—

(15) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(b) (contravention of regulation 8); (c) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (d) regulation 69(1(d) (failure to comply with or contravention of a condition of a registration); (e) regulation 69(1(e) (failure to comply with or contravention of a condition of a permit); (f) regulation 69(1(f) (failure to comply with the requirements of a regulatory notice); (g) regulation 69(1(g) (failure to comply with the requirements of a revocation notice); (h) regulation 69(1)(i) (failure to comply with an order by a court); (i) regulation 69(1)(j) (making a false, misleading or reckless statement); (j) regulation 69(1)(k) (making a false entry); (l) regulation 69(1)(l) (forging a document); and (m) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

(5) In schedule 4 (relevant offences for the purposes of sections 38 and 39 of the Regulatory Reform (Scotland) Act 2014 (vicarious liability and liability where activity carried out by arrangement with another)), after paragraph 9 insert—

(10) An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018— (a) regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation)); (b) regulation 69(1)(c) (failure to comply with or contravention of a general binding rule); (c) regulation 69(1(d) (failure to comply with or contravention of a condition of a registration); (d) regulation 69(1(e) (failure to comply with or contravention of a condition of a permit); (e) regulation 69(1)(j) (making a false, misleading or reckless statement); (f) regulation 69(1)(k) (making a false entry); (g) regulation 69(1)(l) (forging a document); and (h) regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

The Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014

15

In the schedule (specified activities) of the Environmental Regulation (Liability where Activity Carried Out by Arrangement with Another) (Scotland) Order 2014 , after paragraph 5 insert—

(6) (1) The carrying on of a radioactive substances activity. (2) In this paragraph, “radioactive substances activity” has the same meaning as given in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.

Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

16

(1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 is amended in accordance with sub-paragraphs (2) and (3).

(2) In schedule 4 (relevant offences and fixed penalty amounts), in the Table omit the rows which relate to—

(a) section 32(1);

(b) section 33(1), (2) and (3); and

of the Radioactive Substances Act 1993 .

(3) In schedule 4, after the row “Regulation 41(5) (failing to produce a document or record)” insert the following rows to the Table—

Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018	Environmental Authorisations (Scotland) Regulations 2018
Regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation))	YES	YES	YES	MEDIUM
Regulation 69(1)(b) (contravention of regulation 8)	YES	YES	YES	MEDIUM
Regulation 69(1)(c) (failure to comply with or contravention of a general binding rule	YES	YES	YES	MEDIUM
Regulation 69(1)(d) (failure to comply with or contravention of a condition of a registration)	YES	YES	YES	MEDIUM
Regulation 69(1)(e) (failure to comply with or contravention of a condition of a permit)	YES	YES	YES	MEDIUM
Regulation 69(1)(f) (failure to comply with the requirements of a regulatory notice)	YES	YES	YES	MEDIUM
Regulation 69(1)(g) (failure to comply with the requirements of a revocation notice)	YES	YES	YES	MEDIUM
Regulation 69(1)(h) (failure to comply with an information notice)	YES	YES	YES	LOW
Regulation 69(1)(i) (failure to comply with an order of a court)	NO	NO	NO
Regulation 69(1)(j) (making of a false, misleading or reckless statement)	YES	YES	YES	HIGH
Regulation 69(1)(k) (making a false entry)	YES	YES	YES	HIGH
Regulation 69(1)(l) (forging a document)	YES	YES	YES	HIGH
Regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the person caused or permitted a person to commit an offence—
aunder regulation 69(1)(a), (b), (c), (d), (e), (f) or (g)	YES	YES	YES	MEDIUM
bunder regulation 69(1)(h)	YES	YES	YES	LOW
cunder regulation 69(1)(j), (k), or (l).	YES	YES	YES	HIGH

Scottish Landfill Tax (Administration) Regulations 2015

17

In regulation 29(9) of the Scottish Landfill Tax (Administration) Regulations 2015 (bodies eligible for approval) for sub-paragraph (m) substitute—

(m) a requirement imposed by the Environmental Authorisations (Scotland) Regulations 2018, or by a notice or order served, given, or made under those Regulations;

Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

18

In entry 3(h) of the table in paragraph 2 of schedule 2 (descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 for “Radioactive Substances Act 1993” substitute “ Environmental Authorisations (Scotland) Regulations 2018 ”.

SCHEDULE 7 — REPEALS AND REVOCATIONS

PART 1 — Public general acts

1

The enactments listed in column 1 of the Table are repealed to the extent specified in column 3.

PART 2 — Subordinate legislation

2

The enactments listed in column 1 of the Table are revoked to the extent specified in column 3.

SCHEDULE 8 — RADIOACTIVE SUBSTANCES ACTIVITIES

PART 1 — Scope and interpretation

Scope

1

(1) This schedule applies to radioactive substances activities.

(2) Paragraph 2 applies for the interpretation of—

(a) this schedule;

(b) schedule 9; and

2

(1) “Radioactive substances activity” does not include—

(a) any activity involving radioactive material carried on by a licensee on a nuclear site;

(b) the transport of radioactive material or radioactive waste, including its receipt for transport and its storage during transport;

(i) the radioactive waste arises as a consequence of the medical administration of radioactive material for the purpose of diagnosis, treatment or trials; and

(ii) the disposal occurs at a place other than the place of administration of the radioactive material;

(d) the disposal of radioactive waste at a landfill or at a waste incineration plant or waste co-incineration plant where—

(i) the radioactive waste may be disposed of in solid waste that is not radioactive waste in accordance with the general binding rules in Chapter 1 of schedule 9, and

(ii) the radioactive waste has not been segregated from waste that is not radioactive waste,

(e) the disposal of radioactive waste described in paragraph 6(1)(a) or (b) in a landfill or at a waste incineration plant or waste co-incineration plant where the activity of the radioactive waste does not exceed the concentrations specified in schedule 9, Part 3, Table 1, Column 2.

(2) A radioactive substances activity is not being carried on by the owner or occupier of premises where radioactive material is present in or on a vehicle, vessel or aircraft and either—

(a) the vehicle, vessel or aircraft is on those premises in the course of a journey;

(b) the vehicle, vessel or aircraft is in its operational life; or

(c) in the case of a vessel which is on those premises otherwise than in the course of a journey the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.

Interpretation

3

(1) In this schedule—

“Basic Safety Standards Directive” means Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom ;

“IAEA Categories 1 to 4” means categories 1 to 4 as defined by the International Atomic Energy Agency in Categorisation of Radioactive Sources (RS-G-1.9) ;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

“medical exposure” means exposure incurred by patients or asymptomatic individuals as part of their own medical or dental diagnosis or treatment, and intended to benefit their health, as well as exposure incurred by carers and comforters and by volunteers in medical or biomedical research;

“occupational exposure” means exposure of workers, apprentices and students incurred in the course of their work;

“optimisation” means keeping the magnitude of individual doses, the likelihood of exposure and the number of individuals exposed as low as reasonably achievable taking into account the current state of technical knowledge and economic and social factors and related expressions are to be construed accordingly;

“orphan source” means a source containing radioactive material or radioactive waste which is neither—subject to an authorisation; noron a nuclear site;

“public exposure” means the exposure of individuals resulting from—the disposal of radioactive waste;the introduction of radioactive material into organisms or the environment; orthe contamination of the environment,but excluding any occupational or medical exposure;

“radiation protection expert” means an individual who has, or group of individuals who have, the knowledge, training and experience needed to give radiation protection advice in order to ensure the effective protection of individuals, and whose competence in that respect is recognised by SEPA;

“radioactive waste disposal notice” has the meaning given in paragraph 36;

“relevant liquid” means a liquid which—is non-aqueous; oris classified (or would be so classified in the absence of its radioactivity) under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—acute toxicity: categories 1, 2 or 3;skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C; orhazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;

“relevant water authority” means —Scottish Water; ora district salmon fishery board established under section 14 of the Salmon Act 1986 ;

“Table 1”, “Table 2”, “Table 3”, “Table 4” and “Table 5” mean the tables with those numbers in Part 6;

“unsealed source” means a radioactive source that is not a sealed source;

(2) Where any radionuclide carries the suffix “+” or “sec” in this schedule—

(a) that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 3 adjacent to the description of the parent radionuclide; and

(b) a concentration value given in a table in this schedule in relation to a parent radionuclide refers to the value for the parent radionuclide alone, but already takes into account the daughter radionuclides present.

Interpretation: this schedule and schedule 9

4

(1) In this schedule and in schedule 9—

“disposal” , in relation to radioactive waste, includes—discharge (whether into the environment or into a sewer or drain);abandonment;burial;deposit;

“high-activity sealed source” means a sealed source where the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Table 4,

“nuclear site” means—any site in respect of which a nuclear site licence is for the time being in force; orany 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 meanings given in section 26 of the Nuclear Installations Act 1965 ;

“radioactive substance” means radioactive material or radioactive waste.

“sealed source” means a radioactive source in which the radioactive substance is permanently sealed in a capsule or incorporated in a solid form with the objective of preventing under normal conditions of use, any dispersion of radioactive substances.

(2) For the purposes of this schedule and schedule 9, any substance or article which is discharged, discarded or otherwise dealt with as if it were radioactive waste is presumed to be radioactive waste unless the contrary is proved.

(3) Any reference in this schedule, in schedule 5 or in schedule 9, to the contamination of a substance or article is a reference to its becoming radioactive or its possessing increased radioactivity as a result of either or both of—

(a) the absorption, admixture or adhesion of radioactive material or radioactive waste; and

(b) the emission of neutrons or ionising radiations.

(4) Where any reference is made to a substance or article possessing a concentration of radioactivity which exceeds the value shown in a particular column of a table in this schedule or in schedule 9, that value is exceeded—

(a) where only one radionuclide which is included in that table is present in the substance or article, if the concentration of the radionuclide exceeds the concentration specified in the appropriate entry in the appropriate column of that table; or

(b) where more than one such radionuclide is present, if the sum of the quotient values of all the radionuclides in the substance or article, as determined by the summation rule following that table as it applies to that column, is greater than one.

Interpretation: radioactive material and radioactive waste

5

In these Regulations—

“radioactive material” means a substance or article which is not waste, and which satisfies the requirements of any of paragraphs 6, 7 or 8 as the paragraph applies to such a substance or article;

“radioactive waste” means a substance or article which is waste, and which satisfies the requirements of any of paragraph 6, 7 or 8; and

NORM industrial activity

6

(1) Sub-paragraph (2) applies to a substance or article which—

(a) arises from or is used in a NORM industrial activity; or

(b) is contaminated by a substance or article described in head (a), including where such contamination occurs indirectly through another contaminated substance or article.

(2) A substance or article to which this sub-paragraph applies is radioactive material or radioactive waste where it has a concentration of radioactivity which exceeds the following values in Table 1—

(a) for a solid substance or article or a relevant liquid substance, the value specified in column 2;

(b) for any other liquid substance, the value specified in column 3; or

(3) In this schedule, “NORM industrial activity” means an industrial activity involving radionuclides of natural, terrestrial or cosmic origin and includes the following industrial activities—

(a) production and use of thorium, or thorium compounds, and the production of products where thorium is deliberately added;

(b) production and use of uranium, or uranium compounds, and the production of products where uranium is deliberately added;

(d) mining and processing of ores other than uranium ore;

(e) production of oil and gas;

(f) removal and management of radioactive scales and precipitates from equipment associated with industrial activities;

(g) any industrial activity utilising phosphate ore;

(h) manufacture of titanium dioxide pigments;

(i) the extraction and refining of zircon and manufacture of zirconium compounds;

(j) production of tin, copper, aluminium, zinc, lead and iron and steel;

(k) activities related to coal mine de-watering plants;

(l) water treatment associated with provision of drinking water;

(m) the remediation of contamination from NORM industrial activities;

(n) china clay extraction; and

(o) geothermal energy production.

(4) But “NORM industrial activity” does not include an activity where radionuclides of natural, terrestrial or cosmic origin are processed for their radioactive, fissile or fertile properties.

Processed radionuclides of natural terrestrial or cosmic origin

7

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

(a) it contains one or more of the radionuclides of natural terrestrial or cosmic origin which are listed in column 1 of Table 2;

(b) the substance or article—

(i) is processed or is intended to be processed for the radioactive, fissile or fertile properties of those radionuclides; or

(ii) is contaminated by a substance or article to which sub-paragraph (i) applies, including where such contamination occurs indirectly through another contaminated substance or article; and

(i) a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 2; or

(ii) any other liquid or a gas.

Radionuclides not of natural terrestrial or cosmic origin

8

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) it is a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 2; or

(b) it is any other liquid or a gas.

Radionuclides with a short half-life

9

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.

Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

10

(1) A substance or article is not radioactive material or radioactive waste where—

(a) it is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—

(i) are not of natural terrestrial or cosmic origin; and

(ii) are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom; and

(b) in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste.

(2) In this paragraph, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.

Substances or articles after disposal

11

(1) A substance or article is not radioactive material or radioactive waste during the excluded period where—

(a) the substance or article has been disposed of lawfully, and at the time of the disposal no further act of disposal is intended in respect of it; or

(b) the substance or article—

(i) is contaminated by a substance or article to which head (a) applies, including where such contamination occurs indirectly through another contaminated substance or article;

(ii) in the absence of such contamination, would not otherwise be radioactive material or radioactive waste; and

(iii) is not contaminated with the intention of using its radioactive, fissile or fertile properties.

(2) In sub-paragraph (1), “the excluded period” means the period—

(a) beginning at the relevant start time; and

(b) ending in the circumstances specified in sub-paragraph (4).

(3) The relevant start time—

(a) where the substance or article has been disposed of and—

(i) is solid at the time of the disposal;

(ii) is disposed of by abandonment, burial or deposit (whether underground or otherwise) on premises in accordance with an authorisation,

is the time of the revocation or surrender of that authorisation and where any conditions applied to a surrender notice have ceased to apply;

(b) where the substance or article is contaminated by a substance or article to which head (a) applies, including where such contamination occurs indirectly through another contaminated substance or article, is the time of the revocation of the authorisation referred to in head (a)(ii); or

(i) is the time of the disposal; or

(ii) where the substance or article is one to which sub-paragraph (1)(b) applies, is the time of the disposal of the substance or article that caused it, directly or indirectly, to be contaminated.

(4) Where, after the beginning of the excluded period, the relevant substance or article is subject to a process which leads to an increase in the radiation exposure of the public or any plant or animal, the excluded period ends at the time of that increase.

Historic radium contamination

12

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;

(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 a relevant liquid, 1 becquerel per gram;

(ii) for a substance which is any other liquid, 1 becquerel per litre; or

(iii) for a substance which is a gas, 0.01 becquerels per cubic metre.

PART 2 — Amendments to common framework provisions

General Binding Rules – disapplication

13

A person carrying on a regulated activity specified in column 1 of Part 1 of schedule 9 in compliance with the general binding rules specified for that activity is not authorised under these Regulations where—

(a) the radioactive substance involved has been deliberately diluted to meet a value specified in schedule 9; or

(b) the person who generated the radioactive waste did not take all practicable measures available to minimise the quantity of radionuclides generated as radioactivewaste.

Authorisation by permit or registration

14

(1) SEPA may only authorise the activities to which sub-paragraph (2) applies by granting a permit.

(2) This sub-paragraph applies to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the management of radioactive waste on a nuclear site arising from the operation or decommissioning of that nuclear site;

(d) any activity involving a high-activity sealed source;

(e) the operation, decommissioning and closure of a facility for the long term storage or disposal of radioactive waste;

(f) the management of radioactive waste for the purpose of long term storage or disposal; and

(g) the discharge of significant amounts of radioactive waste into the environment.

Applications

15

(1) SEPA must ensure that information to be included in an application for a permit or registration for a radioactive substances activity is—

(a) relevant to radiation protection; and

(b) commensurate with the nature of the activity and the radiological risks involved.

(2) In determining the information to be included in an application for a permit for a radioactive substances activity, SEPA must take into account the following for the purposes of ensuring adequate protection against public exposure—

(a) responsibility and organisational arrangements for protection and safety;

(b) staff competency, including information and training;

(d) anticipated public exposures in normal operation;

(e) safety assessment of the activity and the premises in order to—

(i) estimate, to the extent practicable, the probability and magnitude of a potential exposure;

(ii) assess the quality and extent of protection and safety provisions, including engineering features, as well as administrative procedures; and

(iii) define the operational limits and conditions of operation;

(f) emergency procedure;

(g) maintenance, testing, inspection and servicing so as to ensure that the radiation source and the premises continue to meet the design requirements, operational limits and conditions of operation throughout their lifetime;

(h) management of radioactive waste and arrangements for the disposal of such waste; and

(i) quality assurance.

Consultation: local authorities and relevant water authorities

16

Where it appears to SEPA that the disposal of radioactive waste is likely to involve the need for special precautions to be taken by a local authority or a relevant water authority, SEPA must consult the authority regarding the special precautions which may need to be taken before granting an authorisation.

Consultation: security of sealed sources

17

(1) SEPA must, insofar as it is reasonably practicable and before carrying out any of its functions under regulation 18, 19, 23, 25, 27, 30 or 31 in relation to an authorisation for an activity to which sub-paragraph (3) applies, consult—

(a) the police; and

(b) such other persons as appear to it to be appropriate,

regarding the security of premises on which the activity is, or is proposed to be, carried on.

(2) Where sub-paragraph (3) applies, SEPA must have regard to any advice it receives within such time as SEPA believes is reasonable from the police or other persons before—

(a) determining the authorisation or effecting any variation, surrender or revocation of the authorisation; or

(b) imposing any limitations or conditions in the authorisation.

(3) This sub-paragraph applies to a radioactive substances activity involving sealed sources in IAEA categories 1 to 4.

Refusal of applications

18

(1) SEPA must refuse to grant an application for a permit for a radioactive substances activity involving a high-activity sealed source unless it is satisfied that the applicant has made either—

(a) adequate arrangements for the safe management and control of the source, including arrangements for when it becomes radioactive waste; or

(b) adequate provision, by way of a financial provision or any other appropriate equivalent means, for the safe management of a source where—

(i) it becomes radioactive waste;

(ii) the authorised person becomes insolvent; or

(iii) the authorised person ceases to carry on the radioactive substance activities.

(2) SEPA must refuse to grant an application for a permit for a radioactive substances activity involving a sealed source in IAEA Categories 1 to 4 unless it is satisfied that the applicant has made adequate arrangements for the security of the source.

(3) Sub-paragraph (2) does not apply to an application involving a sealed source in IAEA Categories 1 to 4 which is proposed to be managed only on a nuclear site.

19

SEPA must refuse to grant an authorisation for a radioactive substances activity unless —

(a) the activity has been found to be justified within the meaning of the phrase “found to be justified” given in regulation 4(4) of the Justification of Practices Involving Ionising Radiation Regulations 2004 insofar as those regulations apply to the activity, or

(b) it is an existing class or type of practice.

Authorisation conditions: general

20

SEPA must ensure that a permit or registration for a radioactive substances activity includes such conditions as it considers appropriate to—

(a) prevent the deliberate dilution of radioactive waste for the purpose of being released from regulatory control unless the dilution takes place in normal operations where radioactivity is not a concern or the dilution is a result of mixing radioactive waste with a non-radioactive material for the purposes of re-use or recycling;

(b) ensure adequate protection against any public exposure or contamination liable to extend—

(i) beyond the authorised place; or

(ii) to the ground beneath the authorised place;

(i) optimises the level of radiation protection for members of the public;

(ii) uses adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

(iii) checks that equipment used for measuring and assessing exposure of members of the public and radioactive contamination of the environment is effective and is adequately maintained and calibrated;

(d) ensure that the authorised person seeks appropriate advice from a radiation protection expert in relation to—

(i) the matters set out in sub-paragraph (c); and

(ii) such other matters as SEPA thinks fit,

(e) ensure that the authorised person makes arrangements for keeping control of radioactive material with regard to its location, use and, when it becomes radioactive waste, its management;

(f) ensure, as appropriate and to the extent possible, that the authorised person keeps records of an unsealed source which the authorised person is authorised to hold, including records of location, transfer and disposal or discharge;

(g) ensure that the authorised person keeps records of all sealed sources which the authorised person is authorised to hold, including records of location, transfer and disposal;

(h) ensure that the authorised person informs SEPA promptly of any loss, theft, significant spill, or unauthorised use or release of radioactive material in the form of an unsealed source;

(i) ensure that the authorised person informs SEPA promptly of a transfer of a high-activity sealed source;

(j) ensure that the authorised person informs SEPA promptly of the loss, significant leakage, theft or unauthorised use of a sealed source;

(k) ensure that the authorised person implements a recording and analysis system of significant events involving or potentially involving accidental or unintended public exposure to radioactivity;

(l) ensure that in the event of the public exposure to radioactivity otherwise than in accordance with an authorisation, the authorised person—

(i) informs SEPA without delay;

(ii) carries out a full investigation into the event, and provides SEPA with the results of the investigation, without delay; and

(iii) takes corrective measures to avoid the recurrence of similar events; and

(m) ensure that the authorised person makes adequate arrangements for the security of sealed sources.

Authorisation conditions: discharge limits

21

(1) SEPA must ensure that a permit or registration for a radioactive substances activity includes such conditions as it considers appropriate to apply limits for—

(a) the discharge of radioactive waste; and

(b) the introduction of radioactive material into the environment.

(2) SEPA must for the purposes of setting conditions required by sub-paragraph (1)—

(a) take into account the results of any optimisation of radiation protection;

(b) reflect good practice in the operation of similar facilities; and

(c) take into account, where appropriate, the results of a generic screening assessment based on internationally recognised scientific guidance to demonstrate that environmental criteria for long-term human health protection are met.

Authorisation conditions: monitoring

22

(1) SEPA must ensure that a permit or registration for a radioactive substances activity to which sub-paragraph (3) applies includes such conditions as it considers appropriate to ensure—

(a) the authorised person carries out appropriate monitoring and evaluation of radioactive discharges into the environment in normal operation of the activity; and

(b) the results of the monitoring and evaluation are reported to SEPA.

(2) For the purposes of sub-paragraph (1), where the radioactive substances activity is carried on at a nuclear site, the permit or registration conditions imposed must require the monitoring of radioactive discharges and reporting to SEPA of such information on radioactive discharges as the Scottish Ministers direct.

(3) This sub-paragraph applies to radioactive substances activities which involve either or both the—

(a) disposal of radioactive waste; or

(b) introduction of radioactive material to the environment.

Authorisation conditions: high-activity sealed sources

23

SEPA must ensure that a permit for a radioactive substances activity involving a high-activity sealed source includes such conditions as it considers appropriate to—

(a) ensure that the authorised person ascertains that, before a high activity sealed source is transferred, the transferee is legally entitled to hold the source;

(b) ensure the authorised person informs SEPA of the particulars (including the date, details of the source and identity and location of the transferee) of a transfer of a high-activity sealed source;

(i) responsibilities;

(ii) minimum staff competency, including information and training;

(iii) minimum performance criteria for the source, source container and additional equipment;

(iv) emergency procedures and communication links;

(v) work procedures to be followed;

(vi) maintenance of equipment, sources and containers; and

(vii) adequate management of radioactive waste sources, including agreements regarding the transfer, if appropriate, of radioactive waste sources to a manufacturer, a supplier, another authorised person or a radioactive waste disposal or storage facility;

(d) require that the authorised person—

(i) undertakes suitable tests, such as leak tests based on international standards, regularly in order to check and maintain the integrity of a source;

(ii) regularly verifies at specific intervals that a source and, where relevant, the equipment containing the source, remain present and in apparently good condition at their place of use or storage;

(iii) ensures that a source is subject to adequate documented measures, such as written protocols and procedures, aimed at preventing unauthorised access to or loss or theft of the source or its damage by fire;

(iv) arranges for a check on the integrity of a source after any event, including fire, that may have damaged the source and notifies SEPA of the event and the measures taken;

(v) promptly after a source becomes radioactive waste—

(aa) returns the source to the supplier;

(bb) places the source in a facility for long term storage or disposal; or

(cc) transfers it to another person;

(vi) ensures that a source is accompanied by written information which—

(aa) confirms that the source is identified and marked with a unique number and that the number remains legible; and

(bb) includes photographs of the source, source container, transport packaging, device and equipment as appropriate; and

(vii) makes adequate arrangements (including financial provision) for the safe management and control of the high-activity source.

Authorisation conditions: manufacture and supply of high-activity sealed sources

24

SEPA must ensure that a permit for a radioactive substances activity involving the manufacture or supply of a high-activity sealed source includes such conditions as it considers appropriate to—

(a) ensure that a source is identified by a unique number which, where practicable, must be engraved or stamped on the source;

(b) ensure either that a source container is engraved or stamped with the source's unique number or, if the container is a reusable transport container, that the container, at least, bears information on the nature of the source;

(c) ensure a source container and, where practicable, the source are marked and labelled with an appropriate sign to warn people of the radiation hazard; and

(d) require the manufacturer of the source to provide a photograph of each manufactured source design type and a photograph of the typical source container.

Authorisation conditions: records of high-activity sealed sources

25

SEPA must ensure that a permit for a radioactive substances activity involving a high-activity sealed source includes such conditions as it considers appropriate to require the authorised person—

(a) to keep records which include as a minimum the information set out in Table 5;

(b) to provide a copy of the records, or make a copy available, to SEPA on request;

(i) after acquisition of a source;

(ii) if the information indicated on the records has changed; and

(iii) if the authorised person is no longer holding the source; and

(d) to provide SEPA with the details of any person or disposal or storage facility to which the source is transferred.

PART 3 — Duties of SEPA

Optimisation and dose limits

26

(1) SEPA must exercise its relevant functions in relation to radioactive substances activities to ensure that the radiation protection of individuals subject to public exposures is optimised.

(2) SEPA must exercise its relevant functions in relation to radioactive substances activities to ensure that the sum of doses to an individual member of the public does not exceed—

(a) an effective dose of 1 millisievert in a year;

(b) an equivalent dose for the lens of the eye of 15 millisieverts in a year;

(c) an equivalent dose for the skin of 50 millisieverts in a year, averaged over any 1 cm² of skin regardless of the area exposed.

(3) In these Regulations, “effective dose” and “equivalent dose” have the same meaning as in the Basic Safety Standards Directive.

(4) In order to estimate effective and equivalent doses, SEPA must use the values and relationships recommended in—

(a) ICRP publication 144: Dose Coefficients for External Exposures to Environmental Sources

(b) chapter 1 of ICRP Publication 119 for the estimation of doses from internal exposure.

Dose constraints

27

(1) In carrying out its relevant functions in relation to radioactive substances activities, SEPA must have regard to the following maximum doses to an individual member of the public which may result from the planned carrying on of a radioactive substances activity, for use at the planning stage in radiation protection—

(a) 0.3 millisieverts per year from any source from which radioactive discharges are first made on, or after, 13th May 2000; or

(b) 0.5 millisieverts per year from the discharges from any single site.

(2) For the purposes of sub-paragraph (1), the maximum doses do not apply to doses which arise from medical exposures.

Estimation of doses to the members of the public

28

(1) SEPA must make arrangements for the estimation of doses to members of the public from radioactive substances activities.

(2) The arrangements must be proportionate to the risk of exposure to radiation from the activities involved.

29

SEPA must—

(a) identify radioactive substances activities for which an assessment of doses to members of the public is to be carried out; and

(b) specify that an assessment may be carried out either—

(i) in a realistic way; or

(ii) by screening assessment.

30

Where it has specified that an assessment must be carried out in a realistic way, SEPA must—

(a) decide on a reasonable extent of surveys to be conducted and information to be taken into account in order to identify the representative person, taking into account the effective pathways for transmission of the radioactive substances;

(b) decide on a reasonable frequency of monitoring of the relevant parameters as determined in sub-paragraph (a);

(i) assessment of the doses due to external radiation, indicating, where appropriate, the type of the radiation in question;

(ii) assessment of the intake of radionuclides, indicating the nature of the radionuclides and, where necessary, their physical and chemical states, and determination of the activity concentrations of these radionuclides in food and drinking water or other relevant environmental media; and

(iii) assessment of the doses that the representative person, as identified in sub-paragraph (a), is liable to receive; and

(d) keep records relating to—

(i) estimates of intakes of radionuclides; and

(ii) the results of the assessment of the doses received by the representative person.

Inspections

31

(1) SEPA must establish and maintain a programme of inspections (a “radioactive substances activities programme of inspections”) for each type of radioactive substances activity.

(2) The programme must take into account—

(a) the potential magnitude and nature of the hazard associated with each type of radioactive substances activity;

(b) a general assessment of radiation protection issues in radioactive substances activities; and

(i) these Regulations;

(ii) any authorisation.

(3) SEPA must prepare a report (a “radioactive substances inspection report”) on an inspection describing its findings from the inspection.

(4) SEPA must communicate a radioactive substances inspection report to any authorised person SEPA considers appropriate.

(5) SEPA must compile information (“radioactive substances protection and safety information”) relating to the protection of human health and the environment, and the safety of the public concerning—

(a) significant lessons learned from inspections;

(b) significant lessons learned from reported incidents and accidents; and

Record keeping

32

(1) SEPA must keep records of an authorisation granted for an activity involving a high-activity sealed source.

(2) The records must include details of—

(a) the radionuclide in the source;

(b) the radionuclide's activity at the time of manufacture or, if not known, the activity at the time of the first placing on the market or at the time the authorised person acquired the source; and

(3) SEPA must keep the records up to date, including following transfer of a source.

Sealed sources

33

SEPA must establish a system to enable an authorised person to inform SEPA of a transfer of a high-activity sealed source.

Orphan Sources

34

(1) SEPA must, for the purpose specified in sub-paragraph (2), promptly provide specialised technical advice and assistance to a person who—

(a) suspects the presence of an orphan source; and

(b) does not normally carry on radioactive substances activities.

(2) The purpose is to ensure—

(a) the protection of members of the public from radiation; and

(b) the safety of the source.

35

(1) SEPA must have plans, preparations or provisions in place to—

(a) control and recover any orphan source; and

(b) deal with an emergency due to an orphan source.

(2) The plans, preparations or provisions required by sub-paragraph (1) include the drawing up of appropriate response plans and measures.

36

(1) Where SEPA is satisfied that radioactive waste ought to be disposed of and it is unlikely that the radioactive waste will be disposed of in accordance with an authorisation on the grounds that either—

(a) the premises where the radioactive waste is located are unoccupied;

(b) the occupier is absent or insolvent;

(d) for any other reason,

PART 4 — Local authorities

37

Where an authorisation requires or permits radioactive waste to be removed to a place provided by a local authority as a place for the disposal of waste, the local authority must—

(a) accept any radioactive waste removed to that place in accordance with the authorisation; and

(b) deal with it in the manner indicated in the authorisation.

38

Where a local authority or relevant water authority takes any special precautions in respect of radioactive waste disposed of in accordance with an authorisation, and those precautions are taken—

(a) in compliance with the conditions subject to which the authorisation was granted; or

(b) with the prior approval of SEPA as being precautions which in the circumstances ought to be taken by that authority,

the local authority or relevant water authority is entitled to make such charges, in respect of the taking of those precautions, as may be agreed between that authority and the person to whom the authorisation was granted, or, in default of such agreement, as may be determined by SEPA and to recover the charges so agreed or determined from the person to whom the authorisation was granted.

PART 5 — Radioactivity to be disregarded for purposes of certain statutory provisions

Statutory provisions

39

(1) No account is to be taken of any radioactivity possessed by any substance, article or premises for the purposes of—

(a) the operation of a statutory provision to which sub-paragraph (2) applies; or

(b) the exercise or performance of a power or duty conferred or imposed by, or for the enforcement of, such a statutory provision.

(2) This paragraph applies to—

(a) the statutory provisions contained in, or for the time being having effect by virtue of—

(i) section 16 of the Clean Air Act 1993 ;

(ii) the Sewerage (Scotland) Act 1968 ;

(iii) the Planning (Hazardous Substances) (Scotland) Act 1997 ;

(iv) section 201 of the Local Government (Scotland) Act 1973 ;

(v) sections 30A and 56(1) and (2) of the Control of Pollution Act 1974 ;

(vi) sections 70, 71 and 75 of the Water (Scotland) Act 1980 ;

(vii) part III of the Environmental Protection Act 1990 ;

(b) any enactment for the time being in force whereby an enactment specified in head (a) is amended, extended or superseded; and

(c) any statutory provision contained in, or for the time being having effect by virtue of a local enactment whether passed or made before or after the passing of these Regulations (in whatever terms the provision is expressed) in so far as—

(i) the management of waste or any description of waste, or of any substance which is a nuisance, or so as to be a nuisance, or of any substance which is, or so as to be, prejudicial to health, noxious, polluting or of any similar description, is prohibited or restricted by the statutory provision; or

(ii) a power or duty is conferred or imposed by the statutory provision on SEPA, a local authority or a relevant water authority, or on any officer of a local authority, to take any action (whether by way of legal proceedings or otherwise) for preventing, restricting or abating such management of waste as is mentioned in sub-paragraph (i).

(3) In this paragraph—

“statutory provision” 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

“local enactment” means—a local or private Act;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; oran order confirmed by Parliament or the Scottish Parliament or brought into operation in accordance with special parliamentary procedure.

(4) In this paragraph 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.

PART 6 — Tables

Radionuclide	Solid or relevant liquid concentration in becquerels per gram (Bq/g)	Any other liquid concentration becquerels per litre (Bq/l)	Gaseous concentration in becquerels per cubic metre (Bq/m³)
U-238sec	1	0.1	0.001
U-238+	5	10	0.01
U-234	5	10	0.01
Th-230	10	10	0.001
Ra-226+	1	1	0.01
Pb-210+	5	0.1	0.01
Po-210	5	0.1	0.01
U-235sec	1	0.1	0.0001
U-235+	5	10	0.01
Pa-231	5	1	0.001
Ac-227+	1	0.1	0.001
Th-232sec	1	0.1	0.001
Th-232	5	10	0.001
Ra-228+	1	0.1	0.01
Th-228+	1	1	0.001

“The table 1 summation rule” means the sum of the quotient A/B where— “A” means the quantity of each radionuclide listed in column 1 of Table 1 that is present in the substance or article; and “B” means the quantity of that radionuclide specified in (as appropriate)— column 2 of Table 1 where the substance or article is a solid or a relevant liquid; column 3 of Table 1 where the substance or article is any other liquid; or column 4 of Table 1 where the substance or article is a gas. Table 2 Concentration of radionuclides RadionuclideConcentration in becquerels per gram (Bq/g) H-310²Be-710C-1410F-1810Na-220.1Na-241Si-3110³P-3210³P-3310³S-3510²Cl-361Cl-3810K-4210²K-4310Ca-4510²Ca-4710Sc-460.1Sc-4710²Sc-481V-481Cr-5110²Mn-5110Mn-521Mn-52m10Mn-5310²Mn-540.1Mn-5610Fe-52+10Fe-5510³Fe-591Co-5510Co-560.1Co-571Co-581Co-58m10⁴Co-600.1Co-60m10³Co-6110²Co-62m10Ni-5910²Ni-6310²Ni-6510Cu-6410²Zn-650.1Zn-6910³Zn-69m+10Ga-7210Ge-7110⁴As-7310³As-7410As-7610As-7710³Se-751Br-821Rb-8610²Sr-851Sr-85m10²Sr-87m10²Sr-8910³Sr-90+1Sr-91+10Sr-9210Y-9010³Y-9110²Y-91m10²Y-9210²Y-9310²Zr-9310Zr-95+1Zr-97+10Nb-93m10Nb-940.1Nb-951Nb-97+10Nb-9810Mo-9010Mo-9310Mo-99+10Mo-101+10Tc-961Tc-96m10³Tc-9710Tc-97m10²Tc-991Tc-99m10²Ru-9710Ru-103+1Ru-105+10Ru-106+0.1Rh-103m10⁴Rh-10510²Pd-103+10³Pd-109+10²Ag-1051Ag-108m+0.1Ag-110m+0.1Ag-11110²Cd-109+1Cd-115+10Cd-115m+10²In-11110In-113m10²In-114m+10In-115m10²Sn-113+1Sn-12510Sb-12210Sb-1241Sb-125+0.1Te-123m1Te-125m10³Te-12710³Te-127m+10Te-12910²Te-129m+10Te-13110²Te-131m+10Te-132+1Te-133+1Te-133m+1Te-13410I-12310²I-12510²I-12610I-1290.01I-13010I-131+1I-13210I-13310I-13410I-13510Cs-12910Cs-13110³Cs-13210Cs-1340.1Cs-134m10³Cs-13510²Cs-1361Cs-137+1Cs-13810Ba-13110Ba-1401La-1401Ce-1391Ce-14110²Ce-14310Ce-144+10Pr-14210²Pr-14310³Nd-14710²Nd-14910²Pm-14710³Pm-14910³Sm-15110³Sm-15310²Eu-1520.1Eu-152m10²Eu-1540.1Eu-1551Gd-15310Gd-15910²Tb-1601Dy-16510³Dy-16610²Ho-16610²Er-16910 ³Er-17110²Tm-17010²Tm-17110³Yb-17510²Lu-17710²Hf-1811Ta-1820.1W-18110W-18510³W-18710Re-18610³Re-18810²Os-1851Os-19110²Os-191m10³Os-19310²Ir-1901Ir-1921Ir-19410²Pt-19110Pt-193m10³Pt-19710³Pt-197m10²Au-19810Au-19910²Hg-19710²Hg-197m10²Hg-20310Tl-20010Tl-20110²Tl-20210Tl-2041Pb-20310Pb-210+0.01Pb-212+1Bi-2061Bi-2070.1Bi-21010Bi-212+1Po-20310Po-20510Po-20710Po-2100.01At-21110³Ra-223+1Ra-224+1Ra-22510Ra-226+0.01Ra-22710²Ra-228+0.01Ac-227+0.01Ac-2281Th-226+10²Th-2271Th-228+0.1Th-229+0.1Th-2300.1Th-23110²Th-2320.01Th-232+0.01Th-232sec0.01Th-234+10Pa-23010Pa-2310.01Pa-23310U-230+1U-23110²U-232+0.1U-2331U-2341U-235+1U-235sec0.01U-23610U-23710²U-238+1U-238sec0.01U-23910²U-240+10²Np-237+1Np-23910²Np-24010Pu-23410²Pu-23510²Pu-2361Pu-23710²Pu-2380.1Pu-2390.1Pu-2400.1Pu-24110Pu-2420.1Pu-24310³Pu-244+0.1Am-2410.1Am-24210³Am-242m+0.1Am-243+0.1Cm-24210Cm-2431Cm-2441Cm-2450.1Cm-2460.1Cm-247+0.1Cm-2480.1Bk-24910²Cf-24610³Cf-2481Cf-2490.1Cf-2501Cf-2510.1Cf-2521Cf-25310²Cf-253+1Cf-2541Es-25310²Es-254+0.1Es-254m+10Fm-25410 ⁴Fm-25510²Any other solid or relevant liquid radionuclide that is not of natural terrestrial or cosmic origin0.01 or that concentration which gives rise to a dose to a member of the public of 10 microsieverts per year calculated by reference to guidance by Euratom in RP 122 part 1[^f00059].

“The table 2 summation rule” means the sum of the quotient A/B where— “A” means the concentration of each radionuclide listed in column 1 of Table 2 that is present in the substance or article; and “B” means the quantity of that radionuclide specified in column 2 of Table 2. Table 3 Radionuclides in secular equilibrium Parent RadionuclideDaughter Radionuclides Fe-52+Mn-52mZn-69m+Zn-69Sr-90+Y-90Sr-91+Y-91mZr-95+Nb-95mZr-97+Nb-97m, Nb-97Nb-97+Nb-97mMo-99+Tc-99mMo-101+Tc-101Ru-103+Rh-103mRu-105+Rh-105mRu-106+Rh-106Pd-103+Rh-103mPd-109+Ag-109mAg-108m+Ag-108Ag-110m+Ag-110Cd-109+Ag-109mCd-115+In-115mCd-115m+In-115mIn-114m+In-114Sn-113+In-113mSb-125+Te-125mTe-127m+Te-127Te-129m+Te-129Te-131m+Te-131Te-132+I-132Te-133+I-133, Xe-133m, Xe-133Te-133m+Te-133, I-133, Xe-133m, Xe-133I-131+Xe-131mCs-137+Ba-137mCe-144+Pr-144, Pr-144mPb-210+Bi-210, Po-210Pb-212+Bi-212, Tl-208Bi-212+Tl-208Ra-223+Rn-219, Po-215, Pb-211, Bi-211, Tl-207Ra-224+Rn-220, Po-216, Pb-212, Bi-212, Tl-208Ra-226+Rn-222, Po-218, Pb-214, Bi-214, Po-214Ra-228+Ac-228Ac-227+Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211Th-226+Ra-222, Rn-218, Po-214Th-228+Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208Th-229+Ra-225, Ac-225, Fr-221, At-217, Bi-213, Tl-209, Pb-209Th-232+Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208Th-232secRa-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208Th-234+Pa-234m, Pa-234U-230+Th-226, Ra-222, Rn-218, Po-214U-232+Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208U-235+Th-231U-235secTh-231, Pa-231, Ac-227, Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211U-238+Th-234, Pa-234m, Pa-234U-238secTh-234, Pa-234m, Pa-234, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210U-240+Np-240m, Np-240Np-237+Pa-233Pu-244+U-240, Np-240m, Np-240Am-242m+Np-238Am-243+Np-239Cm-247+Pu-243Cf-253+Cm-249Es-254+Bk-250Es-254m+Fm-254 Table 4 Activity Levels defining high-activity sealed sources RadionuclideActivity (TBq) (1) The activity given is that of the alpha-emitting radionuclide. Am-2416 × 10 –2Am-241/Be-9(1)6 × 10 –2Cf-2522 × 10 –2Cm-2445 × 10 –2Co-603 × 10 –2Cs-1371 × 10 –1Gd-1531 × 10 0Ir-1928 × 10 –2Pm-1474 × 10 1Pu-2386 × 10 –2Pu-239/Be-9[^f01003]6 × 10 –2Ra-2264 × 10 –2Se-752 × 10 –1Sr-90 (Y-90)1 × 10 0Tm-1702 × 10 1Yb-1693 × 10 –1Any other radionuclideThe D-value defined for that radionuclide in “Dangerous quantities of radioactive material (D-values)”[^f00060]

Table 5

Information to be provided in records for high-activity sealed sources

SCHEDULE 9 — GENERAL BINDING RULES

PART 1 — General binding rules

*Column 1*	*Column 2*
*Activity*	*General Binding Rules*
1. The management of a category 5 sealed source.	aThe radioactive substances common rules;ba non-metallic category 5 sealed source must only be disposed of in normal refuse;cthe activity of an individual category 5 sealed source disposed of must not exceed 2 × 10⁵ becquerels;dmore than one source must not be disposed of in any 0.1 m³ of normal refuse;ethe total activity of category 5 sealed sources disposed of in normal refuse from premises in a year must not exceed 1 × 10⁷ becquerels;fa metallic category 5 sealed source must only be disposed of by landfill.
2. The management of a smoke detector.	aThe total number of smoke detectors kept on a premises, and not affixed to the premises, must not exceed 500.ba smoke detector must be managed in a manner which prevents the dispersal of radionuclides;ca smoke detector must only be disposed of in normal refuse;dmore than one smoke detector must not be disposed of in any 0.1 m³ of normal refuse.
3. The management of a tritium source.	aThe radioactive substances common rules;bthe total activity of tritium sources, other than Class B gaseous tritium light devices and Class C gaseous tritium light devices, on a premises must not exceed 5 × 10¹² becquerels;cthe total activity of Class B gaseous tritium light devices and Class C gaseous tritium light devices on a premises must not exceed 3 × 10¹³ becquerels;da tritium source with an activity greater than 2 × 10¹⁰ becquerels must not be disposed of;ea tritium source must only be disposed of in normal refuse;fmore than one tritium source must not be disposed of in any 0.1 m³ of normal refuse;gthe total activity of tritium sources disposed of in normal refuse from a premises in a year must not exceed 1 × 10¹³ becquerels.
4. The management (other than the disposal) of an electrodeposited source.	aThe radioactive substances common rules.
5. The management of a barium eluting source.	aThe radioactive substances common rules;bthe total activity of all barium eluting sources kept on a premises must not exceed 4 × 10⁵ becquerels of Cs-137+;ca waste barium eluting source must only be disposed of in normal refuse;dmore than one barium eluting source must not be disposed of in any 0.1 m³ of normal refuse;
6. The management of a thorium alloy.	aThe radioactive substances common rules;ba thorium alloy must only be disposed of by landfill.
7. The management of a uranium or thorium compound.	aThe radioactive substances common rules;ba uranium or thorium compound which is solid waste must only be disposed of in normal refuse;cthe total quantity of uranium or thorium in a uranium or thorium compound disposed of from a premises in normal refuse must not exceed 0.5 kilogrammes per week;da uranium or thorium compound which is aqueous waste must be disposed of to a relevant sewer;ethe total quantity of uranium or thorium in a uranium or thorium compound disposed of from a premises to a relevant sewer must not exceed 0.5 kilogrammes per year.
8. The management of a medical or veterinary radioactive substance.	aThe radioactive substances common rules;ba medical or veterinary radioactive substance must only be—
8. The management of a medical or veterinary radioactive substance.	idisposed of in normal refuse; oriidisposed into—
8. The management of a medical or veterinary radioactive substance.	aaa relevant sewer;bba river, which at the time of any disposal into it of aqueous radioactive waste has a flow rate which is not less than 1m³s⁻¹; orccthe sea;
8. The management of a medical or veterinary radioactive substance.	ca single item of medical or veterinary radioactive waste must not be disposed of in normal refuse if its activity exceeds—
8. The management of a medical or veterinary radioactive substance.	i4 × 10⁵ becquerels for tritium or C-14; orii4 × 10⁴ becquerels for any other radionuclide;
8. The management of a medical or veterinary radioactive substance.	dthe total activity of medical or veterinary radioactive waste disposed of per 0.1 m³ of normal refuse must not exceed—
8. The management of a medical or veterinary radioactive substance.	i4 × 10⁶ becquerels for tritium or C-14; orii4 × 10⁵ becquerels for any other radionuclide;
8. The management of a medical or veterinary radioactive substance.	ethe total activity of medical or veterinary waste disposed of in normal refuse from a premises in a year must not exceed—
8. The management of a medical or veterinary radioactive substance.	i2 × 10⁹ becquerels for tritium or C-14; orii2 x 10⁸ becquerels for any other radionuclide;
8. The management of a medical or veterinary radioactive substance.	fif the medical or veterinary waste consists of human excreta, the total activity of liquid aqueous waste disposed of from a premises to a relevant sewer in a year must not exceed—
8. The management of a medical or veterinary radioactive substance.	i1 x 10¹⁰ becquerels for Tc-99m; orii5 x 10⁹ becquerels for the sum of all other radionuclides;
8. The management of a medical or veterinary radioactive substance.	gif the medical or veterinary waste does not consist of human excreta, the total activity of liquid aqueous waste disposed of from a premises to a relevant sewer in a year must not exceed—
8. The management of a medical or veterinary radioactive substance.	i1 x 10⁸ becquerels for the sum of the following radionuclides: H-3, C-11, C-14, F-18, P-32, P-33, S-35, Ca-45, Cr-51, Fe-55, Ga-67, Sr-89, Y-90, Tc-99m, In-111, I-123, I-125, I-131, Sm-153, Tl-201; orii1 x 10⁶ becquerels for the sum of all other radionuclides;
8. The management of a medical or veterinary radioactive substance.	hif the waste does not consist of human excreta, the concentration of liquid aqueous waste disposed of from a premises to a relevant sewer must not exceed 100 becquerels per millilitre.
9. The management (other than disposal) of a NORM containing substance.	aThe radioactive substances common rules;bthe total activity of NORM containing substances transferred from a premises in a year to a person for disposal in a landfill must not exceed the value specified in column 3 of Table 1;cthe total activity of NORM containing substances transferred from a premises in a year to a person for incineration must not exceed the value specified in column 4 of Table 1.
10. The disposal of gaseous radioactive waste which—	aThe total amount of gaseous Kr-85 waste disposed of from premises in a year must not exceed 1 × 10¹¹ becquerels;bgaseous Kr-85 waste must be adequately dispersed from the building in which it arose so that it does not enter, or re-enter, a building.
acontains no radionuclides other than Kr-85; andbarises from lamps containing Kr-85.	aThe total amount of gaseous Kr-85 waste disposed of from premises in a year must not exceed 1 × 10¹¹ becquerels;bgaseous Kr-85 waste must be adequately dispersed from the building in which it arose so that it does not enter, or re-enter, a building.
11. Any other radioactive substances activity, not falling within any other activity description in this schedule, where—	aThe radioactive substances common rules;
athe total activity of a radionuclide does not exceed the value specified in column 2 of Table 2; or	ba solid radioactive substance must only be disposed of in normal refuse;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	ca single item of radioactive waste must not be disposed of in normal refuse if it exceeds—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	i4 × 10⁵ becquerels for tritium or C-14; orii4 × 10⁴ becquerels for any other radionuclide;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	dthe total activity of radioactive substances disposed of per 0.1 m³ of normal refuse must not exceed—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	i4 × 10⁶ becquerels for tritium or C-14; orii4 × 10⁵ becquerels for any other radionuclide;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	ean aqueous liquid radioactive substance must only be disposed of into—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	ia relevant sewer;iia river, which at the time of any disposal into it of aqueous radioactive waste has a flow rate which is not less than 1m³s⁻¹; oriiithe sea;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	fthe total activity of liquid aqueous radioactive waste disposed of from a premises in a year must not exceed—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	i1 x 10⁸ becquerels for the sum of the following radionuclides: H-3, C-11, C-14, F-18, P-32, P-33, S-35, Ca-45, Cr-51, Fe-55, Ga-67, Sr-89, Y-90, Tc-99m, In-111, I-123, I-125, I-131, Sm-153, T1-201; orii1 x 10⁶ becquerels for the sum of all other radionuclides;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	gthe concentration of liquid aqueous radioactive waste disposed of from a premises must not exceed 100 becquerels per millilitre;hgaseous waste must not be disposed of unless—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 3 of Table 2.	iit consists of fugitive releases from a container; andiiit is dispersed from a building in such a way that it does not enter or re-enter a building.

PART 2 — Interpretation of general binding rules

1

In this schedule—

“agriculture” has the meaning given in paragraph 4 of schedule 18 of these Regulations,

“application” means the spreading, spraying, incorporating or injecting into or onto land,

“arrestment equipment” means equipment used to mitigate the effects of emissions,

“bank reprofiling” means the alteration of the slope of the bank of a river, burn, ditch or loch,

“barium eluting source” means a source which—consists of Cs-137+ in a sealed container which is designed and constructed to allow the elution of Ba-137m;is radioactive material or radioactive waste solely because of that Cs-137+; anddoes not contain an activity exceeding 4 × 10⁴ becquerels of Cs-137+;

“bed width” means the straight line distance that is between the opposite bank toes of a river, burn or ditch, and which spans the bed of the river, burn or ditch, including any exposed bars and vegetated islands,

“buffer zone” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment,

“category 5 sealed source” means a source, or an aggregate of sources, that would fall within category 5 as defined by the International Atomic Energy Agency in Categorisation of Radioactive Sources (RS-G-1.9) ;

“channel width” means the straight line distance that is between opposite bank tops of a river, burn or ditch and which spans the bed of a river, burn or ditch, including any exposed bars and vegetated islands,

“Class A gaseous tritium light device” means such a device where the activity of the device does not exceed 2 × 10¹⁰ becquerels of tritium;

“Class B gaseous tritium light device” means such a device which is installed or intended to be installed on premises and where the activity—in each sealed container in the device does not exceed 8 × 10¹⁰ becquerels of tritium; andof the device does not exceed 1 × 10¹² becquerels of tritium;

“Class C gaseous tritium light device” means such a device installed or intended to be installed—in a vessel or aircraft; orin a vehicle or other equipment used or intended to be used by the armed forces of the Crown;

“collection point” means a place used for the collection of waste by a person where that person does not—receive payment for collecting the waste, orcollect waste as their main business activity,

“constructed farm wetland” means a series of ponds for the treatment of slurry or silage effluent consisting mainly of rainwater, which have been constructed in such a manner that any discharge from the ponds does not result in the introduction of any substances or heat which may give rise to harm to the water environment,

“container” means a single or double skinned fixed tank, a drum, a mobile bowser or (even if not connected to fixed pipe or fixed pipework) an intermediate bulk container,

“conventionally treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,

“crop” includes any plant grown for a commercial purpose,

“crossing” means any structure which is constructed and installed for the purpose of supporting a footpath, cycle route or transport route across any river, burn, ditch or loch or any pipe, pipeline or cable which crosses over or underneath any river, burn, ditch or loch, but excluding temporary crossings, impounding works and culverts installed for land gain,

“cultivation” includes the preparation of land prior to planting, and the harvesting of any crop,

“designated mineral or mineral product” means—clay, sand and any other naturally occurring mineral other than coal or lignite,metallurgical slag,gypsum which is a by-product of any activity,

“dewatered” in relation to digestate means digestate which—has had liquid removed from it so that it consists of at least 20% dry material, andis capable of being stacked in a free-standing heap without slumping and without liquid draining from the heap,

“disposed of in normal refuse” means disposed of with substantial quantities of solid waste that is not radioactive waste for landfill or incineration, where—the solid waste meets the definition of “waste” in section 75(2) of the Environmental Protection Act 1990, read with section 75A of that Act, andthe radioactive waste will be mixed with such solid waste for the purposes of such burial, incineration or recovery,

“ditch” means an open channel which collects and conveys drainage water from surface or subsurface drainage to the wider surface water environment,

“draff” means the residue of grain after fermentation of the grain in a brewing or distilling process,

“draw off pipe” means a pipe used to withdraw oil from a container,

“drum” means an oil drum or similar container used for storing oil,

“electrodeposited source” means an article where radionuclides are electrodeposited onto a metal substrate and which is radioactive material or radioactive waste solely because it contains Ni-63 or Fe-55 the total activity of which does not exceed—6 × 10⁸ becquerels of Ni-63; or2 × 10⁸ becquerels of Fe-55;

“enhanced treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,

“farm” means land occupied as a unit for agricultural purposes,

“farmyard manure” means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food),

“fertiliser” means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash,

“fill pipe” means a pipe used to deliver oil into a container,

“fixed tank” includes an intermediate bulk container which is connected to fixed pipework,

“forage crop” means any crop grown as food for livestock or for use in energy production,

“forest” means land of an area of more than 0.5 hectares—with a tree canopy cover of more than 20 percent,which is planted with trees, which trees collectively have the capacity to provide a tree canopy cover of more than 20 percent, orwhich meets all of the following criteria—it was used in the last 5 years as land described in paragraph (a),it is to remain fallow of trees for a maximum of 4 consecutive years, andwhen replanted with trees it will be replanted as land described in paragraph (b),

“forestry operations” means operations carried out on land with a tree canopy cover of more than 10% over an area of more than 0.5 hectares,

“fruit” includes top fruit including apples and pears, stone fruit including plums and cherries, soft fruit including currants and berries, vines, hops and nuts,

“gaseous tritium light device” means a sealed source (or such a source which has become broken) which incorporates tritium in a device which is an illuminant, instrument, sign or indicator;

“horticulture” includes mushrooms, nursery stock and bulbs for export, seed potatoes including those for export, basic seed production and crops grown in soil based glasshouse or polythene tunnel production including tomatoes, cucumbers, and peppers,

“housed” means kept permanently or overwintered, indoors or outside, on a collection-based slurry system,

“impermeable sheet material” means—synthetic rubbers, EPDM (ethylene propylene diene monomer rubber) and butyl,plastics, including polyvinyl chloride, low density polyethylene and high-density polyethylene, andreinforced geomembrane,

“invasive species of plant outwith its native range” has the same meaning as in section 14P of the Wildlife and Countryside Act 1981,

“instream structure” means any structure that occupies a portion of the bed of the river, burn, ditch including bed reinforcement, jetties, platforms, marinas, croys, groynes and other flow deflectors, but excluding temporary structures, bridge piers and impounding works,

“liquid digestate” means—whole digestate,the liquid fraction, orany run-off from the storage of fibrous residue, resulting from an anaerobic digestion process of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process,

“liquid digestate storage system” means—a liquid digestate tank,any feedstock tank used in connection with the liquid digestate tank, andany channels and pipes used in connection with the liquid digestate tank or feedstock tank,

“liquid digestate tank” includes a lagoon or tower used for the storage of liquid digestate,

“livestock” means any animal kept for use or profit as part of a commercial enterprise,

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