Radioactive Substances Act 1993

Preliminary

Meaning of “radioactive material”

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Meaning of “radioactive waste”

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Meaning of “mobile radioactive apparatus”

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

• (a) is constructed or adapted for being transported from place to place, or

• (b) is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms.

Inspectors and chief inspector

Inspectors and chief inspector appointed by Secretary of State

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Appointment of inspectors by Minister of Agriculture, Fisheries and Food

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

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

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

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

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

Registration relating to use of radioactive material and mobile radioactive apparatus

Prohibition of use of radioactive material without registration

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

• (a) he is registered under section 7 in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

• (b) he is exempted from registration under that section in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

• (c) the radioactive material in question consists of mobile radioactive apparatus in respect of which a person is registered under section 10 or is exempted from registration under that section.

Registration of users of radioactive material

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• (1) Any application for registration under this section shall be made to the chief inspector and shall—

• (a) specify the particulars mentioned in subsection (2),

• (b) contain such other information as may be prescribed, and

• (c) be accompanied by the prescribed fee.

• (2) The particulars referred to in subsection (1)(a) are—

• (a) the premises to which the application relates,

• (b) the undertaking for the purposes of which those premises are used,

• (c) the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

• (d) the manner (if any) in which radioactive material is proposed to be used on the premises.

• (3) On any application being made under this section, the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

• (4) Subject to the following provisions of this section, where an application is made to the chief inspector for registration under this section in respect of any premises, the chief inspector may either—

• (a) register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

• (b) if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

• (c) refuse the application.

• (5) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

• (6) Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the chief inspector thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

• (a) conditions imposing requirements (including, if the chief inspector thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

• (b) conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the chief inspector with information as to the removal of radioactive material from those premises to any other premises, and

• (c) conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

• (i) indicating that it is radioactive material, or

• (ii) if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

• (7) In the exercise of any power conferred on him by subsection (4) or (6), the chief inspector..., shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

• (7A) Subsection (7) does not apply—

• (a) in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

• (b) in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).

• (8) On registering a person under this section in respect of any premises, the chief inspector—

• (a) shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and

• (b) subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.

Exemptions from registration under s. 7

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• (1) At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.

• (2) Where, in the case of any such premises as are mentioned in subsection (1), it appears to the chief inspector that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the chief inspector would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the chief inspector may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the chief inspector correspond to those which he would so have imposed) as may be specified in the direction.

• (3) On giving a direction under subsection (2) in respect of any premises, the chief inspector shall furnish the licensee with a copy of the direction.

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• (6) The Secretary of State may by order grant further exemptions from registration under section 7, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

• (7) Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

• (8) In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Prohibition of use of mobile radioactive apparatus without registration

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• (1) No person shall, for the purpose of any activities to which this section applies—

• (a) keep, use, lend or let on hire mobile radioactive apparatus of any description, or

• (b) cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire,

unless he is registered under section 10 in respect of that apparatus or is exempted from registration under that section in respect of mobile radioactive apparatus of that description.

• (2) This section applies to activities involving the use of the apparatus concerned for—

• (a) testing, measuring or otherwise investigating any of the characteristics of substances or articles,or

• (b) releasing quantities of radioactive material into the environment or introducing such material into organisms.

Registration of mobile radioactive apparatus

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• (1) Any application for registration under this section shall be made to the chief inspector and—

• (a) shall specify—

• (i) the apparatus to which the application relates, and

• (ii) the manner in which it is proposed to use the apparatus,

• (b) shall contain such other information as may be prescribed, and

• (c) shall be accompanied by the prescribed fee.

• (2) Where an application is made to the chief inspector for registration under this section in respect of any apparatus, the chief inspector may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the chief inspector thinks fit, or may refuse the application.

• (3) On any application being made the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

• (4) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

• (5) On registering a person under this section in respect of any mobile radioactive apparatus, the chief inspector—

• (a) shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and

• (b) shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

Exemptions from registration under s. 10

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• (1) The Secretary of State may by order grant exemptions from registration under section 10, by reference to such classes of persons, and such descriptions of mobile radioactive apparatus, as may be specified in the order.

• (2) Any exemption granted by an order under subsection (1) may be granted subject to such limitations or conditions as may be specified in the order.

• (3) In the application of this section to Northern Ireland, the reference to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Cancellation and variation of registration

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• (1) Where any person is for the time being registered under section 7 or 10, the chief inspector may at any time cancel the registration, or may vary it—

• (a) where the registration has effect without limitations or conditions, by attaching limitations or conditions to it, or

• (b) where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the registration.

• (1A) The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.

• (2) On cancelling or varying a registration by virtue of this section, the chief inspector shall—

• (a) give notice of the cancellation or variation to the person to whom the registration relates, and

• (b) if a copy of the certificate was sent to a local authority in accordance with section 7(8) or 10(5), send a copy of the notice to that local authority.

Authorisation of disposal and accumulation of radioactive waste

Disposal of radioactive waste

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• (1) Subject to section 15, no person shall, except in accordance with an authorisation granted in that behalf under this subsection, dispose of any radioactive waste on or from any premises which are used for the purposes of any undertaking carried on by him, or cause or permit any radioactive waste to be so disposed of, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste.

• (2) Where any person keeps any mobile radioactive apparatus for the purpose of its being used in activities to which section 9 applies, he shall not dispose of any radioactive waste arising from any such apparatus so kept by him, or cause or permit any such radioactive waste to be disposed of, except in accordance with an authorisation granted in that behalf under this subsection.

• (3) Subject to subsection (4) and to section 15, where any person, in the course of the carrying on by him of an undertaking, receives any radioactive waste for the purpose of its being disposed of by him, he shall not, except in accordance with an authorisation granted in that behalf under this subsection, dispose of that waste, or cause or permit it to be disposed of, knowing or having reasonable grounds for believing it to be radioactive waste.

• (4) The disposal of any radioactive waste does not require an authorisation under subsection (3) if it is waste which falls within the provisions of an authorisation granted under subsection (1) or (2), and it is disposed of in accordance with the authorisation so granted.

• (5) In relation to any premises which—

• (a) are situated on a nuclear site, but

• (b) have ceased to be used for the purposes of an undertaking carried on by the licensee,

subsection (1) shall apply (subject to section 15) as if the premises were used for the purposes of an undertaking carried on by the licensee.

Accumulation of radioactive waste

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