Radioactive Substances Act 1993

• (4) The copies of documents required to be made available to the public by this section need not be kept in documentary form.

• (5) The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document.

• (6) In this section “relevant process” has the same meaning as in section 34.

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

Operation of other statutory provisions

Radioactivity to be disregarded for purposes of certain statutory provisions

40

• (1) For the purposes of the operation of any statutory provision to which this section applies, and for the purposes of the exercise or performance of any power or duty conferred or imposed by, or for the enforcement of, any such statutory provision, no account shall be taken of any radioactivity possessed by any substance or article or by any part of any premises.

• (2) This section applies—

• (a) to any statutory provision contained in, or for the time being having effect by virtue of, any of the enactments specified in Schedule 3, or any enactment for the time being in force whereby an enactment so specified is amended, extended or superseded, and

• (b) to 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 this Act (in whatever terms the provision is expressed) in so far as—

• (i) the disposal or accumulation 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 the Environmental Agency or SEPA or on any local authority, relevant water body or other public or local authority, or on any officer of a public or local authority, to take any action (whether by way of legal proceedings or otherwise) for preventing, restricting or abating such disposals or accumulations as are mentioned in sub-paragraph (i).

• (3) In this section—

• “statutory provision”—in relation to Great Britain, means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act or Act of the Scottish Parliament, whether of a general or a special nature, andin relation to Northern Ireland, has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954,

• “local enactment” means—a local or private Act (including a local or private Act of the Parliament of Northern Ireland or a local or private Measure of the Northern Ireland Assembly), or 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, an order confirmed by the Scottish Parliament, Parliament (or by the Parliament of Northern Ireland or the Northern Ireland Assembly) or brought into operation in accordance with special parliamentary procedure,

and any reference to disposal, in relation to a statutory provision, is a reference to discharging or depositing a substance or allowing a substance to escape or to enter a stream or other place, as may be mentioned in that provision.

• (4) The references to provisions of the Water Resources Act 1991 in Part I of Schedule 3 shall have effect subject to the power c onferred by section 98 of that Act.

General

Service of documents

41

• (1) Any notice required or authorised by or under this Act to be served on or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

• (2) Any such notice may—

• (a) in the case of a body corporate, be served on or given to the secretary or clerk of that body;

• (b) in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business.

• (3) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that—

• (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

• (b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

• (4) If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (3) as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

• (5) The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.

Application of Act to Crown

42

• (1) Subject to the following provisions of this section, the provisions of this Act shall bind the Crown.

• (2) Subsection (1) does not apply in relation to premises—

• (a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

• (b) occupied by or for the purposes of a visiting force.

• (3) No contravention by the Crown of any provision of this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (4) Notwithstanding anything in subsection (3), the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

• (5) If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by section 31 should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

• (6) Where, in the case of any such premises as are mentioned in subsection (2)—

• (a) arrangements are made whereby radioactive waste is not to be disposed of from those premises except with the approval of the chief inspector, and

• (b) in pursuance of those arrangements the chief inspector proposes to approve, or approves, the removal of radioactive waste from those premises to a place provided by a local authority as a place for the deposit of refuse,

the provisions of section 18 shall apply as if the proposal to approve the removal of the waste were an application for an authorisation under section 13 to remove it, or (as the case may be) the approval were such an authorisation.

• (7) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

• (8) In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.

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

• (a) references to the Crown shall include references to the Crown in right of Her Majesty’s Government in Northern Ireland, and

• (b) the reference in subsection (5) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Fees and charges

43

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Regulations and orders: Great Britain

44

• (1) The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.

• (2) For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Secretary of State may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.

• (3) Any power conferred by this Act to make regulations or orders shall be exercisable by statutory instrument.

• (4) Any statutory instrument containing regulations or an order made under this Act, other than an order under Schedule 5, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) This section does not extend to Northern Ireland.

Regulations and orders: Northern Ireland

45

• (1) The Department of the Environment for Northern Ireland may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.

• (2) For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Department of the Environment for Northern Ireland may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.

• (3) Any power conferred by this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (4) Any regulations or orders made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

• (5) This section extends to Northern Ireland only.

Effect of Act on other rights and duties

46

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

• (a) conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Act, or

• (b) affecting any restriction imposed by or under

• (i) any other enactment, whether contained in a public general Act or in a local or private Act, or

• (ii) any Act of the Scottish Parliament, or

• (c) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

General interpretation provisions

47

• (1) In this Act, except in so far as the context otherwise requires—

• “the appropriate Agency” means— in relation to England and Wales, the Environment Agency; and in relation to Scotland, SEPA;

• “the appropriate Minister” means, in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

• “high-activity sealed source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;

• “article” includes a part of an article,

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

• “the chief inspector” means—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to Northern Ireland, the chief inspector for Northern Ireland appointed under section 4(7),

• “disposal”, in relation to waste, includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “dispose of” shall be construed accordingly,

• “the HASS Directive” means Council Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan sources;

• “high-activity source” has the same meaning as it has in the HASS Directive but excluding any such source once its activity level has fallen below the exemption levels specified in column 2 of Table A to Annex I to Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation,

• “local authority” (except where the reference is to a public or local authority) means—in England ..., the council of a county, district or London borough or the Common Council of the City of London or an authority established by the Waste Regulation and Disposal (Authorities) Order 1985,in Wales, the council of a county or county borough;in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, andin Northern Ireland, a district council,

• “m”, where it appears after a radionuclide, means a radionuclide in a metastable state of radioactive decay in which gamma photons are emitted;

• “NORM industrial activity” means the industrial activities involving radionuclides of natural terrestrial or cosmic origin, which activities are listed in Table 1, but not including any such activity where radionuclides of natural terrestrial or cosmic origin are processed for their radioactive, fissile or fertile properties;

• “nuclear site” means—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 same meaning as in the Nuclear Installations Act 1965,

• “orphan source” has the same meaning as it has in the HASS Directive, “orphan source” has the same meaning as in the Basic Safety Standards Directive;

• “premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water,

• “prescribed”—in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section;in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; andin other contexts, means prescribed by regulations under this Act.

• “the prescribed period for determinations”, in relation to any application under this Act, means, subject to subsection (2), the period of four months beginning with the day on which the application was received,

• “public or local authority”, in relation to England and Wales, includes a water undertaker or a sewerage undertaker,

• “relevant liquid” means a liquid which—is non-aqueous; oris classified (or would be so classified in the absence of its radioactivity) under Council Regulation No. 1272/2008 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—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 body” means—in England and Wales, ..., a water undertaker, a sewerage undertaker or an inshore fisheries and conservation authority ...,in Scotland, ..., a district salmon fishery board established under section 14 of the Salmon Act 1986 or Scottish Water, andin Northern Ireland, the Fisheries Conservation Board for Northern Ireland, or a water undertaker or a sewerage undertaker within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006

• “SEPA” means the Scottish Environment Protection Agency;

• “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour,

• “undertaking” includes any trade, business or profession and—in relation to a public or local authority, includes any of the powers or duties of that authority, andin relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body, and

• “waste” includes any substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and also includes any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt.

• (1A) Any reference to “the HASS Directive” in this Act shall be deemed to be a reference to the Basic Safety Standards Directive.

• (1B) Any reference to “high-activity source” in this Act shall be deemed to be a reference to “high-activity sealed source”.

• (2) The Secretary of State may by order substitute for the period for the time being specified in subsection (1) as the prescribed period for determinations such other period as he considers appropriate.

• (3) In determining, for the purposes of this Act, whether any radioactive material is kept or used on any premises, no account shall be taken of any radioactive material kept or used in or on any railway vehicle, road vehicle, vessel or aircraft if either—

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

• (b) 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.

• (4) Any substance or article which, in the course of the carrying on of any undertaking, is discharged, discarded or otherwise dealt with as if it were waste shall, for the purposes of this Act, be presumed to be waste unless the contrary is proved.

• (5) Any reference in this Act to the contamination of a substance or article is a reference to its being so affected by either or both of the following, that is to say,—

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

• (b) the emission of neutrons or ionising radiations,

as to become radioactive or to possess increased radioactivity.

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

• (5B) Where any radionuclide carries the suffix “+” or “sec” in this Act—

• (a) that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 4 in Schedule 1A adjacent to the description of that parent radionuclide; and

• (b) a concentration value given in a table in Schedule 1A in relation to such a parent radionuclide refers to the value for the parent radionuclide alone, but already takes into account the daughter radionuclides present.

• (5C) 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 Schedule 1A, that value is exceeded if—

• (a) where only one radionuclide which is included in that table is present in the substance or article, the concentration of that 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, the sum of the quotient values of all such 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.

• (6) In the application of this section to Northern Ireland, the reference in subsection (2) to the Secretary of State shall have effect as a reference to the Department of Agriculture, Environment and Rural Affairs.

Index of defined expressions

48

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

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

Consequential amendments and transitional and transitory provisions

49

• (1) The enactments specified in Schedule 4 shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act.

• (2) The transitional and transitory provisions contained in Schedule 5 shall have effect.

Repeals

50

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

Short title, commencement and extent

51

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

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

• (3) This Act extends to Northern Ireland.

SCHEDULE 1

SCHEDULE 2

1

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

2

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

3

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

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

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

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

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

• (c) that the premises are unoccupied, or

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

SCHEDULE 3

Part I — England and Wales

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

Part II — Scotland

11

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

12

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

13

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

14

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

15

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

16

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

17

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

Part III — Northern Ireland

18

Sections 50, 51 and 58 of the Public Health (Ireland) Act 1878.

19

Section 26 of the Public Health Acts Amendment Act 1890.

20

Sections 35, 46, 49 and 51 of the Public Health Acts Amendment Act 1907.

21

Sections 26, 47 and 124 of the Fisheries Act (Northern Ireland) 1966.

22

Articles 5, 7, 9 7A , 14, 16 and 30 of the Water (Northern Ireland) Order 1999.

23

Articles 112, 168 and 170(5) and Chapter III of Part VI of the Water and Sewerage Services (Northern Ireland) Order 2006.

24

The Clean Air (Northern Ireland) Order 1981.

25

The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.

SCHEDULE 4

The Continental Shelf Act 1964 (c. 29)

1

In section 7 of the Continental Shelf Act 1964, for “Radioactive Substances Act 1960” there is substituted “Radioactive Substances Act 1993”.

The Nuclear Installations Act 1965 (c. 57)

2

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

The Control of Pollution Act 1974 (c. 40)

3

In section 56(6) of the Control of Pollution Act 1974, for “Radioactive Substances Act 1960” (in both places) there is substituted “Radioactive Substances Act 1993”.

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

4

In article 36(4) of the Pollution Control and Local Government (Northern Ireland) Order 1978—

• (a) for “Radioactive Substances Act 1960” there is substituted “Radioactive Substances Act 1993”, and

• (b) in paragraph (b) for “1960” there is substituted “1993”.

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

5

In section 4(1) of the Atomic Energy (Miscellaneous Provisions) Act 1981, in the definition of “radioactive substance”, for “has the same meaning as in section 12 of the Radioactive Substances Act 1948” there is substituted “ means any substance which consists of or contains any radioactive chemical element, whether natural or artificial ”.

The Environmental Protection Act 1990 (c. 43)

6

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

7

In section 78 of that Act, for “Radioactive Substances Act 1960” (in both places) there is substituted “ Radioactive Substances Act 1993 ”.

8

In section 142(7) of that Act, for “the Radioactive Substances Act 1960” there is substituted “ the Radioactive Substances Act 1993 ”.

9

In section 156 of that Act, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.

The Atomic Weapons Establishment Act 1991 (c. 46)

10

After paragraph 10 of the Schedule to the Atomic Weapons Establishment Act 1991 there is inserted—

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

The Water Resources Act 1991 (c. 57)

11

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

SCHEDULE 5

Part I — General transitional provisions and savings

1

The substitution of this Act for the enactments repealed by this Act does not affect the continuity of the law.

2

Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the enactments repealed by this Act has effect, a reference to that corresponding provision.

3

Any document made, served or issued after the commencement of this Act which contains a reference to any of the enactments repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the case may require, including a reference to the corresponding provision of this Act.

4

Paragraphs 2 and 3 have effect without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

5

The power to amend or revoke the subordinate legislation reproduced in the definition of “local authority” in section 47(1) shall be exercisable in relation to the provision reproduced to the same extent as it was exercisable in relation to the subordinate legislation.

6

Subsection (1) of section 80 of the Health and Safety at Work etc. Act 1974 (general power to repeal or modify Acts or instruments) shall apply to provisions of this Act which re-enact provisions previously contained in the Radioactive Substances Act 1960 as it applies to provisions contained in Acts passed before the Health and Safety at Work etc. Act 1974.

7

In the application of paragraph 6 to Northern Ireland^

• (a) the reference to subsection (1) of section 80 of the Health and Safety at Work etc. Act 1974 shall have effect as a reference to paragraph (1) of Article 54 of the Health and Safety at Work (Northern Ireland) Order 1978, and

• (b) the reference to Acts passed before that Act shall have effect as a reference to statutory provisions passed or made before the making of that Order.

Part II — Transitory modifications of Schedule 3

8

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

9

• (1) If—

• (a) no date has been appointed before the commencement of this Act as the date on which the repeal by Schedule 4 to the Control of Pollution Act 1974 of the provisions of the Radioactive Substances Act 1960 specified in sub-paragraph (2) below (in this paragraph referred to as “the 1974 repeal”) is to come into force, or

• (b) a date has been appointed which is later than that commencement,

Schedule 3 to this Act shall have effect until the appointed day with the modifications specified in sub-paragraph (3) below.

• (2) The provisions of the Radioactive Substances Act 1960 referred to in sub-paragraph (1)(a) above are—

• (a) in paragraph 3 of Schedule 1, the words “seventy-nine”, and

• (b) paragraph 8A of Schedule 1.

• (3) The modifications of Schedule 3 to this Act referred to in sub-paragraph (1) above are as follows—

• (a) in paragraph 1 after “48” there shall be inserted “ 79 ”, and

• (b) after paragraph 2 there shall be inserted—

(2A) Sections 2, 5 and 7 of the Rivers (Prevention of Pollution) Act 1961.

• (4) In this paragraph “the appointed day” means—

• (a) in the case mentioned in paragraph (a) of sub-paragraph (1) above, such day as may be appointed by the Secretary of State by order, and

• (b) in the case mentioned in paragraph (b) of that sub-paragraph, the date appointed as the day on which the 1974 repeal is to come into force.

10

• (1) If—

• (a) no date has been appointed before the commencement of this Act for the purposes of paragraph 17 of Schedule 4 to the Planning (Consequential Provisions) Act 1990, or

• (b) a date has been appointed which is later than that commencement,

paragraph 6 of Schedule 3 to this Act shall be omitted until the appointed day.

• (2) In this paragraph “the appointed day” means—

• (a) in the case mentioned in paragraph (a) of sub-paragraph (1) above, such day as may be appointed by the Secretary of State by order, and

• (b) in the case mentioned in paragraph (b) of that sub-paragraph, the date appointed for the purposes of paragraph 17 of Schedule 4 to the Planning (Consequential Provisions) Act 1990.

11

Until the commencement of the repeal by Part II of Schedule 16 to the Environmental Protection Act 1990 of subsection (5) of section 30 of the Control of Pollution Act 1974 (or, if the repeal of that subsection comes into force on different days, until the last of those days) Schedule 3 to this Act shall have effect—

• (a) with the insertion after paragraph 4 of the following paragraph—

(4B) The Control of Pollution (Special Waste) Regulations 1980.

, and

• (b) with the insertion after paragraph 17 of the following paragraph—

(17A) The Control of Pollution (Special Waste) Regulations 1980.

12

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

(17B) Section 124 of the Civic Government (Scotland) Act 1982.

SCHEDULE 6

Part I — Acts of the Parliament of the United Kingdom

Part II — Repeals in Radioactive Substances Act 1948 extending to Northern Ireland

Part III — Northern Ireland legislation

Part IV — Subordinate legislation

Meaning of “radioactive material” and “radioactive waste”

Exemptions from registration under s. 7.

Grant of authorisations.

34A

• (1) Any person who—

• (a) for the purpose of obtaining for himself or another any registration under section 7 or 10, any authorisation under section 13 or 14 , any transfer of such an authorisation under section 16A or any variation of such an authorisation under section 17, or

• (b) in purported compliance with a requirement to furnish information imposed under section 31(1)(d),

makes a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence.

• (2) Any person who intentionally makes a false entry in any record—

• (a) which is required to be kept by virtue of a registration under section 7 or 10 , an authorisation under section 13 or 14 or a transfer under section 16A, or

• (b) which is kept in purported compliance with a condition which must be complied with if a person is to have the benefit of an exemption under section 8, 11 or 15,

shall be guilty of an offence.

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

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

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

17A

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

Note: Except as provided in Part II of this Schedule, the repeal of the Radioactive Substances Act 1948 does not extend to Northern Ireland.

Note: These repeals extend to Northern Ireland only.

SCHEDULE

Notes:

Editorial notes

[^c426664]: [A table showing the derivation of the provisions of this consolidation will be found at the end of this Act. The table has no official status.]

[^c426666]: Act wholly in force at 27.8.1993 see s. 51(2).

[^c426667]: Act: transfer of functions (E.W.S.) (1.4.1996) by 1995 c. 25, s. 2(1)(e) (with ss. 115, 117); S.I. 1996/186, art. 3 Act modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(2)(5)(g) (with ss. 115, 117); S.I. 1996/186, art. 2. Act modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 5(1)(3)(4)(5)(g) (with ss. 115, 117); S.I. 1996/186, art. 3. Act modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3. Act: power to modify conferred (E.W.S.) (21.9.1995 for specified purposes and otherwise 1.4.2000 for E., 14.7.2000 for S. and 15.9.2001 for W.) by 1990 c. 43, s. 78YC(b) (as inserted (21.9.1995 for specified purposes and otherwise 1.4.2000 for E., 14.7.2000 for S. and 15.9.2001 for W.) by 1995 c. 25, s. 57 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 2000/340, art. 2(a); S.S.I. 2000/180, art. 2(1)(a); S.I. 2000/1986, art. 2; S.I. 2001/3211, art. 2(a) (with art. 3))

[^c426668]: Act: power to modify conferred (17.9.1998) by S.I. 1997/2778 (N.I. 19), art. 48; S.R. 1998/288, art. 2 Act: power to modify conferred (prosp.) by S.I. 1997/2778 (N.I. 19), arts. 1, 71

[^c426673]: S. 4 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 201, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426674]: 1990 c. 43.

[^c426675]: 1990 c. 43.

[^c426676]: 1906 c. 14.

[^c426677]: S. 5 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 201, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c441380]: S. 13 excluded (E.W.S) (17.5.2002) by The Radioactive Substances (Natural Gas) Exemption Order 2002 (S.I. 2002/1177), art. 3

[^c441382]: S. 14 excluded (E.W.S) (17.5.2002) by The Radioactive Substances (Natural Gas) Exemption Order 2002 (S.I. 2002/1177), art. 3

[^c426866]: 1972 c. 70.

[^c426867]: 1973 c. 65.

[^c426868]: S.I. 1972/1265 (N.I. 14).

[^c426900]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426901]: S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by the National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1

[^c426902]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426903]: S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1

[^c426904]: S. 25: functions of a Minister of the Crown, so far as they are exercisable by him in or as regards Scotland, now exercisable (1.7.1999) by the Scottish Ministers concurrently with the Minister concerned and only after consultation with the Secretary of State by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7)

[^c426905]: Words in s. 25 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426906]: Words in s. 25(1) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(1) (with ss.7(6), 115, 117); S.I. 1995/1983, art. 2

[^c426907]: Words in s. 25(2) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 213(2)(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426910]: Words in s. 25(2) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(2)(b) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

[^c426913]: Words in s. 25(3) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(3) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

[^c426915]: S. 25(3A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426916]: Words in S. 25(3A) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 43(1)(5)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426918]: S. 25(5) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(5), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426952]: S. 28 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 216, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426972]: 1936 c. 49.

[^c426973]: 1897 c. 38.

[^c426974]: 1987 c. 26.

[^c426978]: S. 31 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 218, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426979]: 1954 c. 32.

[^c426981]: 1954 c. 32.

[^c426983]: S. 32(3) added (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 219 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426984]: S. 34(1)(bb) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 220 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426986]: S. 35 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 221, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426988]: S. 38(1)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 222 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426982]: S. 34A inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 112, Sch. 19 para. 6 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427004]: Words in s. 40(2)(b)(ii) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 224 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427005]: 1954 c. 33 (N.I.).

[^c427006]: 1991 c. 57.

[^c427007]: 1978 c. 30.

[^c427008]: 1978 c. 30.

[^c427018]: 1947 c. 44.

[^c427019]: 1952 c. 67.

[^c427020]: S. 43 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 226, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427021]: S.I. 1979/1573 (N.I. 12).

[^c427022]: 1954 c. 33 (N.I.).

[^c427023]: 1978 s. 30.

[^c427031]: Definition in s. 47(1) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 227(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427032]: In s. 47(1) in the definition of “the chief inspector” paras. (a)(b) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 227(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427034]: Words in s. 47(1) in the definition of “local authority” in para. (a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 102(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c427035]: S. I. 1985/1884.

[^c427036]: S. 47(1) in the definition of “local authority” para. (aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 102(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c427037]: Words in s. 47(1) in the definition of “local authority” in para. (b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 181(a) (with s. 128(8)); S.I. 1996/323, art. 4

[^c427038]: 1965 c. 57.

[^c427040]: Words in s. 47(1) in the definition of “relevant water body” repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 227(6), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427042]: 1986 c. 62.

[^c427044]: Definition in s. 47(1) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 227(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427045]: Words in s. 48 inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 228(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427047]: Words in s. 48 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 228(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427051]: Sch. 2 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 229, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427096]: 1890 c. 59.

[^c427097]: 1907 c. 53.

[^c427098]: 1966 c. 17 (N.I.).