Radioactive Substances Act 1993

[^key-ae8c8360a4688a58ff8fa86d4072bb7f]: S. 1GA inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(2)(c)

[^key-3fa2e6f15fb660ae29351931aa96884e]: S. 14A inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(3)

[^key-da18d6b3506b5a3c4cc882de4600572e]: S. 16(8A)(8B) inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(4)

[^key-e20818ee7ba504b2625554fe3c7c5345]: Words in Sch. 1A inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(8)(a)

[^key-1bfc62b60e9fdc449983ab76c56f15e5]: Sch. 1A Table 2 substituted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(8)(b)

[^key-574e8719087ed2b49668ad0acf27d3e2]: Sch. 1A Table 3 substituted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(8)(c)

[^key-a9f7002f7cafba6b0093d4d2324d927c]: Word in s. 1A inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(2)(a)

[^key-11668f4df0b6ec605ac78be05b1f2a61]: Words in s. 17A title inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(5)(a)

[^key-db513326852c121f9312e73a71c9a624]: Word in s. 17A(1)(a) omitted (N.I.) (1.6.2018) by virtue of The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(5)(b)

[^key-5551e21cfbee3724a431c507d3cb8544]: S. 17A(1)(c)(d) inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(5)(d)

[^key-27de4735836f1caf3d3727ff2e75519e]: S. 17A(1A) inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(5)(e)

[^key-8915ea1f6afddc4c98de6447bd99c113]: Words in s. 30A(1) inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(6)

[^key-8dcdfe1946c218e40161cb38e63fd9cb]: Words in s. 47(1) inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(a)(i)

[^key-bd441557dbe5605a4dc19f91c74a4444]: Words in s. 47(1) substituted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(a)(ii)

[^key-f78fffd8206eb8701b4c65cbfdf44055]: Words in s. 47(1) omitted (N.I.) (1.6.2018) by virtue of The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(a)(iii)

[^key-709cd64412e335a79e2881812cca4375]: Words in s. 47(1) omitted (N.I.) (1.6.2018) by virtue of The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(a)(iv)

[^key-25e3810740496c2891c2b00bbed687c5]: Words in s. 47(1) inserted (N.I.) (1.6.2018) after the definition of “the appropriate Minister” by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(a)(v)

[^key-b47c600e0144585f30d0c87044fc606f]: Words in s. 47(1) substituted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(a)(vi)

[^key-341725f01481071f70903a894e7c3075]: S. 47(1A)(1B) inserted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(a)(vii)

[^key-30f88349948c5dafaaaf165697b717d2]: Words in s. 47(5A) substituted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(b)

[^key-450465a2f8271d46f9f9c67e20f2030c]: S. 47(6) substituted (N.I.) (1.6.2018) by The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(7)(c)

[^key-c4d4961743ab21faedb9b65cf41d0860]: Ss. 1-24 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)

[^M_F_f43edc7f-65c4-419d-fdc4-ebdb70f4a244]: S. 17A(1)(b): semicolon substituted for full stop (N.I.) (1.6.2018) by virtue of The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 (S.R. 2018/116), regs. 1(1), 2(5)(c)

[^key-cbca351a5e6951194c6963cfcbce56dd]: Ss. 26-28 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)

[^key-2ac21809531a4a9862c2925061ff3f57]: Ss. 30-46 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)

[^key-b9bfa87d624bd63d27bf21ea583f9beb]: Sch. 1A repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)

[^key-8865a400edf939164fef0aee5b1f0348]: Sch. 3 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6)

[^key-f1b49abde2d4ec1cb5ae3057735ab954]: Sch. 4 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6)

[^M_F_1dec3b72-03d0-4c92-9142-f56d8ff5e81e]: Act repealed (except for ss. 49(1) for specified purposes and s. 51, Sch. 4 paras. 2, 5-9, 11) (E.W.) (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 17 (with reg. 18(2)-(4), Sch. 3); and Sch. 5 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6)

[^M_F_dc1df248-b712-400c-9d38-af76c5ed5482]: Sch. 6 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(uu), Sch. 28 (with reg. 1(2), Sch. 4); and Sch. 6 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)

[^key-0161932b95c82b817637539ca18c097e]: Schs. 1-6 transitional provisions and savings for effects of S.S.I. 2018/219, sch. 7 Pt. 1 (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5

[^key-f7dc0e48cd061655f77fe86719c96ad1]: Words in s. 31(3) substituted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 10

Consequential amendments and transitional and transitory provisions.

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.

Transfer of authorisations

16A

• (1) This section applies where—

• (a) a person (“the transferor”) holds an authorisation granted under section 13 in respect of the disposal of radioactive waste on or from premises situated on a nuclear site; and

• (b) an application is made under this section for a transfer (in whole or in part) of that authorisation to another person (“the transferee”).

• (2) An application under this section is one which—

• (a) is made to the authorising authority jointly by the transferor and the transferee;

• (b) is accompanied by the appropriate amount; and

• (c) in the case of an application for a transfer relating to part only of the premises, identifies the part in question.

• (3) The appropriate amount for the purposes of subsection (2) is—

• (a) if the application is made to the appropriate Agency, the amount of the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and

• (b) if it is made to the chief inspector, the prescribed fee.

• (4) The authorising authority must, on receipt of the application (but subject to directions under section 25 and to subsection (6)), send a copy of the application to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the application relates.

• (5) Before granting the application, the authorising authority must (subject to subsection (6)) consult everyone whom it would have been required to consult under section 16(4A) and (5) if—

• (a) the transferee had applied for the grant of the authorisation that he would hold were the application to be granted; and

• (b) in the case of a partial transfer, the transferor had applied for the grant (in place of his existing authorisation) of the authorisation he would hold in those circumstances.

• (6) The authorising authority may proceed with the application without—

• (a) sending a copy of the application to a local authority mentioned in subsection (4), or

• (b) consulting an authority or body mentioned in section 16(5) about the proposed transfer,

if it appears to the authorising authority that arrangements for the disposal of radioactive waste are unlikely to be changed, as a result of the transfer, in a way that would be of interest to that authority or body.

• (7) The authorising authority may grant the application if, and only if, it is satisfied—

• (a) that the transferee has or will have operational control over the disposals to which the transferred authorisation will relate;

• (b) that he is able and willing to ensure compliance with the limitations and conditions of the authorisation that he will hold if the application is granted; and

• (c) that no other grounds exist on which it would be reasonable to refuse to grant the application.

• (8) Where the authorising authority grants the application, it must—

• (a) fix the date from which the transfer applied for is to have effect;

• (b) furnish the transferee with a certificate which contains all material particulars of the authorisation he holds as a result of the transfer or gives sufficient information as to the particulars to enable them to be ascertained;

• (c) in the case of a partial transfer, furnish the transferor with a similar certificate as respects the authorisation he holds as a result of the transfer; and

• (d) subject to directions under section 25, send a copy of the certificate furnished to the transferee, and of any certificate furnished to the transferor—

• (i) to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the certificate relates; and

• (ii) to every person consulted about the transfer under so much of subsection (5) as requires consultation in accordance with section 16(5).

• (9) The time fixed as the time from which the transfer is to have effect must be not less than twenty-eight days after the day (if any) on which the authorising authority, when it fixes that time, expects copies of the certificates mentioned in paragraph (d) of subsection (8) to be sent out in accordance with that paragraph.

• (10) Subsection (9) does not apply if, in the opinion of the authorising authority, it is necessary for the transfer to have immediate effect or otherwise to be expedited.

• (11) In this section “ authorising authority ”—

• (a) in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and

• (b) in relation to an authorisation having effect in Northern Ireland, means the chief inspector.

17A

• (1) The authorising authority—

• (a) must carry out periodic reviews of the limitations and conditions attached to each authorisation under section 13 or 14; ...

• (b) may, at any other time, carry out any such additional review of the limitations and conditions attached to an authorisation under either of those sections as it thinks fit ;

• (c) shall make appropriate periodic inspections of premises for which an authorisation was granted in accordance with section 13 or 14 of this Act; and

• (d) when establishing an inspection programme for the purposes of subparagraph (1)(c) in relation to radioactive substances activities, shall take into account the potential magnitude and nature of the hazard associated with such activities, a general assessment of radiation protection issues in the activities, and the state of compliance with the requirements of this Act.

• (1A) Where the chief inspector makes an inspection of an undertaking that is a radioactive substances activity, the chief inspector shall—

• (a) record the findings of that inspection; and

• (b) communicate those findings to the operator of the authorised premises.

• (2) In this section—

• “the authorising authority”— in relation to an authorisation having effect in Great Britain, means the appropriate Agency; andin relation to an authorisation having effect in Northern Ireland, means the chief inspector;

• “periodic reviews”, in relation to an authorisation, means reviews at such regular intervals as the authorising authority thinks fit in the case of that authorisation.

Retention and production of site or disposal records.

Enforcement notices.

Prohibition notices.

Power of Secretary of State to give directions to appropriate Agency.

Power of Secretary of State to require certain applications to be determined by him.

Power of Secretary of State to restrict knowledge of applications etc.

Registrations, authorisations and notices: appeals from decisions of appropriate Agency.

Provision of facilities for disposal or accumulation of radioactive waste.

Offences relating to ss. 19 and 20.

Obstruction.

Enforcement notices.

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.

Notes:

Review of authorisations

Duty to display documents.

Retention and production of site or disposal records.

Prohibition notices.

Power of Secretary of State to give directions to appropriate Agency.

Power of Secretary of State to require certain applications to be determined by him.

Power of Secretary of State to restrict knowledge of applications etc.

Procedure on appeals unders. 26.

Power of Secretary of State to dispose of radioactive waste.

30A

• (1) The appropriate Agency shall be prepared or have made provision, including assignment of responsibilities, to control and recover any orphan source and shall have drawn up appropriate response plans and measures.

• (2) The appropriate Agency shall have the power to recover any expenses reasonably incurred by it (or by a person on its behalf) in the recovery and disposal of an orphan source from the holder of that source or from the occupier or owner of the premises where the source is located.

• (3) For the purposes of paragraph (2), “holder” means the person who is or is required to be registered or authorised under this Act in relation to that orphan source.

• (4) If the relevant person thinks fit, the relevant person may make available to the appropriate Agency a sum or sums of money in respect of costs and expenses incurred or to be incurred by the appropriate Agency (or by a person on its behalf) in relation to the recovery and disposal of orphan sources where—

• (a) the amount of such costs and expenses exceeds or is expected to exceed any reasonable provision for such costs and expenses made by the appropriate Agency, and

• (b) the making available of such sum or sums is necessary to enable the recovery and disposal of any orphan source.

• (5) In subsection (4), “relevant person” means—

• (a) in relation to England, the Secretary of State,

• (b) in relation to Wales, the National Assembly for Wales,

• (c) in relation to Scotland, the Scottish Ministers, and

• (d) in relation to Northern Ireland, the Department of the Environment.

• (6) In the application of this section to Northern Ireland a reference to the appropriate Agency must be taken to be a reference to the chief inspector.

Disclosure of trade secrets.

Offences by bodies corporate.

Consequential amendments and transitional and transitory provisions.

Notes:

Note: These repeals extend to Northern Ireland only.

Notes:

Consequential amendments and transitional and transitory provisions.

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.

10B

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

Note: These repeals extend to Northern Ireland only.

10A

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

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

1A

In this Act, except as provided by sections 1E, 1F, 1G , 1GA and 1H—

• “radioactive material” means a substance or article which is not waste, and which satisfies the requirements of any of sections 1B, 1C and 1D as they apply to such a substance or article;

• “radioactive waste” means a substance or article which is waste, and which satisfies the requirements of any of sections 1B, 1C and 1D; and

• “Table 1”, “Table 2”, “Table 3” and “Table 4” mean the tables with those numbers in Schedule 1A.

1B

• (1) Subsection (2) applies to a substance or article which—

• (a) arises from or is used in a NORM industrial activity listed in Part 1 of Table 1;

• (b) is waste which arises from a NORM industrial activity listed in Part 2 of Table 1; or

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

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

• (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

• (c) for a gaseous substance, the value specified in column 4.

1C

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 3;

• (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

• (c) the substance or article is—

• (i) a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 3; or

• (ii) any other liquid or a gas.

1D

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 3; or

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

1E

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.

1F

• (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 under this Act.

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

1G

• (1) Subject to subsection (2), a substance or article is not radioactive material where—

• (a) it is contaminated, but has not been so contaminated with the intention of utilising its radioactive, fissile or fertile properties; and

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

• (2) Subsection (1) only applies while the substance or article is kept on the premises on which the contamination occurred.

1H

• (1) Subject to subsections (2) and (3), 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 paragraph (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 under this Act; and

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

• (2) In subsection (1), “the excluded period” means the period—

• (a) beginning at the relevant start time; and

• (b) ending in the circumstances specified in subsection (4).

• (3) The relevant start time is—

• (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 burial (whether underground or otherwise) on premises in relation to which an authorisation under section 13 of this Act is held at the time of disposal; and

• (iii) is disposed of in accordance with that authorisation,

the time of the revocation of that authorisation;

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

• (c) in relation to any other substance or article—

• (i) the time of the disposal of it; or

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

• (4) The excluded period ends where, after the beginning of the excluded period, the 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, at the time of that increase.

1J

The Department of the Environment may by order vary the provisions of Table 2 and Table 3, either by adding further entries to any column of those tables or by altering or deleting any entry for the time being contained in any column.

Grant of authorisations.

Transfer of authorisations

Registrations, authorisations and notices: appeals from decisions of chief inspector.

Functions of public and local authorities in relation to authorisations under s. 13.

Retention and production of site or disposal records.

Enforcement notices.

Prohibition notices.

Power of Secretary of State to give directions to appropriate Agency.

Power of Secretary of State to require certain applications to be determined by him.

Power of Secretary of State to restrict knowledge of applications etc.

Registrations, authorisations and notices: appeals from decisions of appropriate Agency.

Provision of facilities for disposal or accumulation of radioactive waste.

Offences relating to ss. 19 and 20.

Obstruction.

Consequential amendments and transitional and transitory provisions.

SCHEDULE 1A

Note: These repeals extend to Northern Ireland only.

26

Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

Note: These repeals extend to Northern Ireland only.

1DA

For the purposes of section 1B, 1C and 1D, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in section 1B(2), 1C(c)(i) or 1D(a), if a person has deliberately diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value.

1GA

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 under this section;

• (c) the contamination occurred prior to 13 May 2000; and

• (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 relevant a liquid, 1Bq/g;

• (ii) for a substance which is any other liquid, 1Bq/l; or

• (iii) for a substance which is a gas, 0.01 Bq/m³.

14A

• (1) The chief inspector shall require a person who holds an authorisation to carry on the radioactive substances activity described in section 13(3) (disposal of radioactive waste) or section 14(2) (accumulation of radioactive waste) to—

• (a) achieve and maintain an optimal level of protection of members of the public;

• (b) accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

• (c) check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

• (d) seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

• (2) In this section “radioactive waste adviser” means a person with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the chief inspector.

Index of defined expressions.

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

Notes:

Grant of authorisations.

Transfer of authorisations

Revocation and variation of authorisations.

Functions of public and local authorities in relation to authorisations under s. 13.

Retention and production of site or disposal records.

Prohibition notices.

Provision of facilities for disposal or accumulation of radioactive waste.

Index of defined expressions.

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

Notes: