← Current text · History

Radioactive Substances Act 1993

Current text a fecha 2009-10-01

Preliminary

Meaning of “radioactive material”

1

(1) In this Act “radioactive material” means anything which, not being waste, is either a substance to which this subsection applies or an article made wholly or partly from, or incorporating, such a substance.

(2) Subsection (1) applies to any substance falling within either or both of the following descriptions, that is to say,—

(a) a substance containing an element specified in the first column of Schedule 1, in such a proportion that the number of becquerels of that element contained in the substance, divided by the number of grams which the substance weighs, is a number greater than that specified in relation to that element in the appropriate column of that Schedule;

(b) a substance possessing radioactivity which is wholly or partly attributable to a process of nuclear fission or other process of subjecting a substance to bombardment by neutrons or to ionising radiations, not being a process occurring in the course of nature, or in consequence of the disposal of radioactive waste, or by way of contamination in the course of the application of a process to some other substance.

(3) In subsection (2)(a) “the appropriate column”—

(a) in relation to a solid substance, means the second column,

(b) in relation to a liquid substance, means the third column, and

(4) For the purposes of subsection (2)(b), a substance shall not be treated as radioactive material if the level of radioactivity is less than such level as may be prescribed for substances of that description.

(5) The Secretary of State may by order vary the provisions of Schedule 1, either by adding further entries to any column of that Schedule or by altering or deleting any entry for the time being contained in any column.

(6) In the application of this section to Northern Ireland, 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.

Meaning of “radioactive waste”

2

In this Act “radioactive waste” means waste which consists wholly or partly of—

(a) a substance or article which, if it were not waste, would be radioactive material, or

(b) a substance or article which has been contaminated in the course of the production, keeping or use of radioactive material, or by contact with or proximity to other waste falling within paragraph (a) or this paragraph.

Meaning of “mobile radioactive apparatus”

3

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

4

(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

5

(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

6

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

7

(1) Any application for registration under this section shall be made to the appropriate Agency 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 charge prescribed for the porpose by a charging scheme under section 41 of the Envirionment Act 1995.

(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 appropriate Agency 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 appropriate Agency for registration under this section in respect of any premises, the appropriate Agency 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

(5) An application for registration under this section which is duly made to the appropriate Agency 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 appropriate Agency 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 appropriate Agency 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 appropriate Agency 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 it by subsection (4) or (6), the appropriate Agency..., 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 appropriate Agency —

(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

8

(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 appropriate Agency that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the appropriate Agency would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the appropriate Agency 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 appropriate Agency correspond to those which it 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 appropriate Agency shall furnish the licensee with a copy of the direction.

(4) Except as provided by subsection (5), in respect of all premises all persons are exempted from registration under section 7 in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

(5) Subsection (4) does not exempt from registration under section 7 any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

(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

9

(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

10

(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

(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

11

(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

12

(1) Where any person is for the time being registered under section 7 or 10, the appropriate Agency 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 appropriate Agency 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

13

(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

14

(1) Subject to the provisions of this section and section 15, no person shall, except in accordance with an authorisation granted in that behalf under this section, accumulate any radioactive waste (with a view to its subsequent disposal) on any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so accumulated, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste.

(2) Where the disposal of any radioactive waste has been authorised under section 13, and in accordance with that authorisation the waste is required or permitted to be accumulated with a view to its subsequent disposal, no further authorisation under this section shall be required to enable the waste to be accumulated in accordance with the authorisation granted under section 13.

(3) Subsection (1) shall not apply to the accumulation of radioactive waste on any premises situated on a nuclear site.

(4) For the purposes of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, keeping or use of that material is accumulated in a part of the premises appropriated for the purpose, and is retained there for a period of not less than three months, that substance shall, unless the contrary is proved, be presumed—

(a) to be radioactive waste, and

(b) to be accumulated on the premises with a view to the subsequent disposal of the substance.

Further exemptions from ss. 13 and 14

15

(1) Sections 13(1) and (3) and 14(1) shall not apply to the disposal or accumulation of any radioactive waste arising from clocks or watcheson or from any premises in the circumstances described in subsection (1A)

(a) where the total quantity taken together of each of the radionuclides listed in column 1 of Table A below present in the clocks and watches on any premises does not exceed the amount set out in column 2–

Radioactive material	Relevant value
Tritium	10 ⁹ becquerels
Promethium 147	10 ⁷ becquerels
Radium 226	10 ⁴ becquerels

(b) where

(i) the total quantity of the radionuclides listed in column 2 of Table B below present in each such clock or watch of the type listed in column 1 of that table does not exceed the amount set out in column 3–

Type of clock or watch	Radioactive material	Relevant value (becquerels)
(i)Luminised time measurement instruments ‐ (a)worn or carried on the person	TritiumPromethium 147	2.8y 10 ⁸ 5.5y 10 ⁶
(b)not worn or carried on the person	TritiumPromethium 147	3.7y 10 ⁸ 7.4y 10 ⁶
(ii)Special luminised time measurement instruments	TritiumPromethium 147	9.3y 10 ⁸ 1.9y 10 ⁷
(iii)Watches containing gaseous tritium light sources	Tritium	7.4y 109
(iv)Radium luminised timepieces ‐ (a)wristwatches	Radium 226	3.7y 10 ³
(b)alarm clocks	Radium 226	5.5y 10 ³
(c)special time measurement instruments	Radium 226	5.6y 10 ⁴

and

(ii) no more than five items falling within Table B which constitute radioactive waste are present on any premises

but this subsection does not affect the operation of section 13(1) or section 14(1) in relation to the disposal or accumulation of radioactive waste arising from clocks or watches on or from premises which, by virtue of subsection (5) of section 8, are excluded from the operation of subsection (4) of that section.

(1A) The circumstances referred to in subsection (1) are that—

(a) no radionuclide other than tritium, promethium 147 or radium 226 is present in any clock or watch on the premises (whether or not any radioactive waste arises from it),

(b) no such clock or watch contains more than one of those radionuclides, and

(1B) This subsection is satisfied if the total quantity of tritium divided by 10 ⁹ , plus the total quantity of promethium 147 divided by 10 ⁷ , plus the total quantity of radium 226 divided by 10 ⁴ , in all such clocks and watches does not exceed 1 (quantity in each case being measured in becquerels).

(1C) This subsection is satisfied if—

(a) all such clocks and watches fall within a description specified in the first column of the Table below;

(b) radioactive waste arises from no more than five of them; and

(c) none of them gives rise to a quantity of radioactive waste exceeding the figure in the third column of the Table corresponding to the relevant radionuclide listed in the second column.

Description of clock or watch	Radionuclide	Relevant quantity (in becquerels)
(i)Clocks or watches having their dials marked at the time of manufacture with “T 25” (Tritium), “Pm 0.5” (Promethium 147) or “Ra 1.5” (Radium 226)	TritiumPromethium 147Radium 226	9.3 x 10 ⁸ 1.9 x 10 ⁷ 5.6 x 10 ⁴
(ii)Clocks bearing radioluminescent deposits and not falling within category (i)	TritiumPromethium 147Radium 226	3.7 x 10 ⁸ 7.4 x 10 ⁶ 7.4 x 10 ³
(iii)Watches bearing radioluminescent deposits and not falling within category (i)	TritiumPromethium 147Radium 226	2.8 x 10 ⁸ 5.5 x 10 ⁶ 5.6 x 10 ³
(iv)Watches containing small sealed glass tubes internally coated with a phosphor and filled with tritium gas	Tritium	7.4 x 10 ⁹

(1A) The circumstances referred to in subsection (1) are that –

(a) no radionuclide other than tritium, promethium 147 or radium 226 is present in any clock or watch on the premises (whether or not any radioactive waste arises from it),

(b) no such clock or watch contains more than one of those radionuclides, and

(1B) This subsection is satisfied if the total quantity of tritium divided by 10 ⁹ , plus the total quantity of promethium 147 divided by 10 ⁷ , plus the total quantity of radium 226 divided by 10 ⁴ , in all such clocks and watches does not exceed 1 (quantity in each case measured in becquerels).

(1C) This subsection is satisfied if –

(a) all such clocks and watches fall within a description specified in the first column of the table below,

(b) radioactive waste arises from no more than five of them,

(c) none of those five gives rise to a quantity of radioactive waste exceeding the figure in the third column of the Table corresponding to the relevant radionuclide listed in the second column.

Type of clock or watch	Radionuclide	Relevant value (becquerels)
iWatches bearing radioluminescent deposits and intended to be worn or carried on the person	TritiumPromethium 147Radium 226	2.8 x 10⁸5.5 x 10⁶5.6 x 10³
iiClocks bearing radioluminescent deposits	TritiumPromethium 147Radium 226	3.7 x 10⁸7.4 x 10⁶7.4 x 10³
iiiClocks or watches requiring greater luminosity than categories (i) or (ii) above, and having their dials marked at the time of manufacture with “T 25” (tritium), “Pm 0.5” (Promethium 147) or “Ra 1.5” (Radium 226)	TritiumPromethium 147Radium 226	9.3 x 10⁸1.9 x 10⁷5.6 x 10⁴
ivWatches containing small sealed glass tubes internally coated with a phosphor and filled with tritium gas	Tritium	7.4 x 10⁹

(2) Without prejudice to subsection (1), the Secretary of State may by order exclude particular descriptions of radioactive waste from any of the provisions of section 13 or 14, either absolutely or subject to limitations or conditions; and accordingly such of those provisions as may be specified in an order under this subsection shall not apply to a disposal or accumulation of radioactive waste if it is radioactive waste of a description so specified, and (where the exclusion is subject to limitations or conditions) the limitations or conditions specified in the order are complied with.

(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.

Grant of authorisations

16

(1) In this section, unless a contrary intention appears, “authorisation” means an authorisation granted under section 13 or 14.

(2) . . ., the power to grant authorisations shall be exercisable by the appropriate Agency.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any application for an authorisation shall be accompanied by the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

(4A) Without prejudice to subsection (5), on any application for an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain, the appropriate Agency—

(a) shall consult the Food Standards Agency and the Health and Safety Executive before deciding whether to grant an authorisation on that application and, if so, subject to what limitations or conditions, and

(b) shall consult the Food Standards Agency concerning the terms of the authorisation, for which purpose that Agency shall, before granting any authorisation on that application, send that Agency a copy of any authorisation which it proposes so to grant.

(5) Before granting an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from premises situated on a nuclear site, the appropriate Agencyshall consult with such local authorities, relevant water bodies or other public or local authorities as appear to that Agency to be proper to be consulted by that Agency.

(6) On receipt of an application , the appropriate Agency shall, subject to directions under section 25, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.

(7) An application for an authorisation (other than an application for an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain) which is duly made to the appropriate Agency may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.

(8) An authorisation may be granted—

(a) either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation, and

(b) subject to such limitations or conditions as the appropriate Agencythinks fit.

(9) Where any authorisation is granted, the appropriate Agency—

(a) shall furnish the person to whom the authorisation is granted with a certificate which contains all material particulars of the authorisation 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—

(i) to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and

(ii) in the case of an authorisation to which subsection (5) applies, to any other public or local authority consulted in relation to the authorisation in accordance with that subsection.

(10) An authorisation shall have effect as from such date as may be specified in it; and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in subsection (9)(b), the appropriate Agency. . .—

(a) shall have regard to the time at which those copies may be expected to be sent, and

(b) shall fix a date appearing to it to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,

unless in its opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation and variation of authorisations

17

(1) The appropriate Agency may at any time revoke an authorisation granted under section 13 or 14.

(2) The appropriate Agency may at any time vary an authorisation granted under section 13 or 14—

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

(b) where the authorisation 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 authorisation.

(2ZA) 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 authorisation.

(2ZB) But where an application for the variation of an authorisation is made by that person, it must be accompanied—

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

(b) in the case of an application to the chief inspector, by the prescribed fee.

(2A) On any proposal to vary an authorisation granted under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site in any part of Great Britain, the appropriate Agency—

(a) shall consult the Food Standards Agency and the Health and Safety Executive before deciding whether to vary the authorisation and, if so, whether by attaching, revoking or varying any limitations or conditions or by attaching further limitations or conditions, and

(b) shall consult the Food Standards Agency concerning the terms of any variation, for which purpose that Agency shall, before varying the authorisation, send that Agency a copy of any variations which it proposes to make.

(3) Where any authorisation granted under section 13 or 14 is revoked or varied, the appropriate Agency—

(a) shall give notice of the revocation or variation to the person to whom the authorisation was granted, and

(b) if a copy of the certificate of authorisation was sent to a public or local authority in accordance with section 16(9)(b), shall send a copy of the notice to that authority.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

18

(1) If, in considering an application for an authorisation under section 13, it appears to the appropriate Agency. . . that the disposal of radioactive waste to which the application relates is likely to involve the need for special precautions to be taken by a local authority, relevant water body or other public or local authority, the appropriate Agency. . . shall consult with that public or local authority before granting the authorisation.

(2) Where a public or local authority take any special precautions in respect of radioactive waste disposed of in accordance with an authorisation granted under section 13, and those precautions are taken—

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

(b) with the prior approval of the appropriate Agency. . .as being precautions which in the circumstances ought to be taken by that public or local authority,

the public or local authority shall have power to make such charges, in respect of the taking of those precautions, as may be agreed between that authority and the person to whom the authorisation was granted, or as, in default of such agreement, may be determined by the appropriate Agency, and to recover the charges so agreed or determined from that person.

(3) Where an authorisation granted under section 13 requires or permits radioactive waste to be removed to a place provided by a local authority as a place for the deposit of refuse, it shall be the duty of that local authority to accept any radioactive waste removed to that place in accordance with the authorisation, and, if the authorisation contains any provision as to the manner in which the radioactive waste is to be dealt with after its removal to that place, to deal with it in the manner indicated in the authorisation.

Further obligations relating to registration or authorisation

Duty to display documents

19

At all times while—

(a) a person is registered in respect of any premises under section 7, or

(b) an authorisation granted in respect of any premises under section 13(1) or 14 is for the time being in force,

the person to whom the registration relates, or who holds the authorisation , as the case may be, shall cause copies of the certificate of registration or authorisation issued to him under this Act to be kept posted on the premises, in such characters and in such positions as to be conveniently read by persons having duties on those premises which are or may be affected by the matters set out in the certificate.

Retention and production of site or disposal records

20

(1) The appropriate Agency may, by notice served on any person to whom a registration under section 7 or 10 relates or who holds an authorisation under section 13 or 14 , impose on him such requirements authorised by this section in relation to site, source transfer or disposal records kept by that person as the appropriate Agency may specify in the notice.

(2) The requirements that may be imposed on a person under this section in relation to site or disposal records are—

(a) to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation, or

(b) to furnish the appropriate Agency with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section, in relation to a registration and the person registered or an authorisation and the person authorised—

“the activities regulated” by his registration or authorisation means—in the case of registration under section 7, the keeping or use of radioactive material,in the case of registration under section 10, the keeping, using, lending or hiring of the mobile radioactive apparatus,in the case of an authorisation under section 13, the disposal of radioactive waste, andin the case of an authorisation under section 14, the accumulation of radioactive waste,

“records” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation, and “site records” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept,source transfer records” means records relating to the transfer of control of high-activity sources and “disposal records” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on, and

“specified” means specified in a notice under this section.

Enforcement notices and prohibition notices

Enforcement notices

21

(1) Subject to the provisions of this section, if the appropriate Agency is of the opinion that a person to whom a registration under section 7 or 10 relates or who holds an authorisation under section 13 or 14 —

(a) is failing to comply with any limitation or condition subject to which the registration or authorisation has effect, or

(b) is likely to fail to comply with any such limitation or condition,

it may serve a notice under this section on that person.

(2) A notice under this section shall—

(a) state that the appropriate Agency is of that opinion,

(b) specify the matters constituting the failure to comply with the limitations or conditions in question or the matters making it likely that such a failure will occur, as the case may be, and

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a notice is served under this section the appropriate Agency. . . shall—

(a) in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b) in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b) or 16A(8)(d) ,

send a copy of the notice to that authority.

Prohibition notices

22

(1) Subject to the provisions of this section, if the appropriate Agency is of the opinion, as respects the keeping or use of radioactive material or of mobile radioactive apparatus, or the disposal or accumulation of radioactive waste, by a person in pursuance of a registration or authorisation under this Act, that the continuing to carry on that activity (or the continuing to do so in a particular manner) involves an imminent risk of pollution of the environment or of harm to human health, it may serve a notice under this section on that person.

(2) A notice under this section may be served whether or not the manner of carrying on the activity in question complies with any limitations or conditions to which the registration or authorisation in question is subject.

(3) A notice under this section shall—

(a) state the appropriate Agency’s opinion,

(b) specify the matters giving rise to the risk involved in the activity, the steps that must be taken to remove the risk and the period within which those steps must be taken, and

(c) direct that the registration or authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect.

(4) Where the registration or authorisation is not wholly suspended by the direction given under subsection (3), the direction may specify limitations or conditions to which the registration or authorisation is to be subject until the notice is withdrawn.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a notice is served under this section the appropriate Agency. . . shall—

(a) in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b) in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b) or 16A(8)(d) ,

send a copy of the notice to that authority.

(7) The appropriate Agency. . . shall, by notice to the recipient, withdraw a notice under this section when that Agency is satisfied that the risk specified in it has been removed; and on so doing that Agency shall send a copy of the withdrawal notice to any public or local authority to whom a copy of the notice under this section was sent.

Powers of Secretary of State in relation to applications etc.

Power of Secretary of State to give directions to chief inspector

23

(1) The Secretary of State may, if he thinks fit in relation to—

(a) an application for registration under section 7 or 10,

(b) an application for an authorisation under section 13 or 14 or for the transfer (in whole or in part) or variation of an authorisation , or

give directions to the appropriate Agency requiring it to take any of the steps mentioned in the following subsections in accordance with the directions.

(2) A direction under subsection (1) may require the appropriate Agency so to exercise its powers under this Act as—

(a) to refuse an application for registration or authorisation or for the transfer (in whole or in part) or variation of an authorisation ,

(b) to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or

(ca) to grant an application for the transfer (in whole or in part) of an authorisation, or

(cb) to carry out a review under section 17A, or

(d) to cancel or revoke (or not to cancel or revoke) a registration or authorisation.

(3) The Secretary of State may give directions to the appropriate Agency, as respects any registration or authorisation, requiring it to serve a notice under section 21 or 22 in such terms as may be specified in the directions.

(4) The Secretary of State may give directions requiring the appropriate Agency to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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.

(6) In Northern Ireland, where the Department of the Environment gives directions to the chief inspector under this section for the purpose of implementing provisions of the HASS Directive the following requirements apply—

(a) any direction shall be published in such manner as the Department considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by it;

(b) copies of a direction shall be made available to the public;

(d) a direction shall be given only after consultation with the chief inspector; and

(e) no direction shall be varied or revoked unless, notwithstanding the variation or revocation, the provisions of the HASS Directive as they have effect for the time being which were implemented by that direction, continue to be implemented, whether by directions or any other instrument or by any enactment.

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

24

(1) The Secretary of State may—

(a) give general directions to the appropriate Agency requiring it to refer applications under this Act for registrations , authorisations, transfers or variations of any description specified in the directions to the Secretary of State for his determination, and

(b) give directions to the appropriate Agency in respect of any particular application requiring it to refer the application to the Secretary of State for his determination.

(2) Where an application is referred to the Secretary of State in pursuance of directions given under this section, the Secretary of State may cause a local inquiry to be held in relation to the application.

(3) The following provisions shall apply to inquiries in pursuance of subsection (2)—

(a) in England and Wales, subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) but with the omission, in subsection (4) of that section, of the words “such local authority or”,

(b) in Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c) in Northern Ireland, Schedule 8 to the Health and Personal Services (Northern Ireland) Order 1972 (provisions as to inquiries).

(4) After determining any application so referred, the Secretary of State may give the appropriate Agency directions under section 23 as to the steps to be taken by it in respect of the application.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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.

Power of Secretary of State to restrict knowledge of applications etc

25

(1) The Secretary of State may direct the appropriate Agency that in his opinion, on grounds of national security, it is necessary that knowledge of such information as may be specified or described in the directions, being information contained in or relating to—

(a) any particular application for registration under section 7 or 10 or applications of any description specified in the directions, or

(b) any particular registration or registrations of any description so specified,

should be restricted.

(2) The Secretary of State . . . may direct the appropriate Agency that in his . . . opinion, on grounds of national security, it is necessary that knowledge of such information as may be specified or described in the directions, being information contained in or relating to—

(a) any particular application for authorisation under section 13 or 14 or for the transfer (in whole or in part) or variation of an authorisation or applications of any description specified in the directions, or

(b) any particular authorisation under either of those sections or authorisations of any description so specified,

should be restricted.

(3) Where it appears to the appropriate Agency that an application, registration or authorisation is the subject of any directions under this section, the appropriate Agency shall not send a copy of so much of the application or the certificate of registration or authorisation or notice of variation as contains the information specified or described in the directions—

(a) to any local authority under any provision of section 7 or 10, or

(b) to any public or local authority under any provision of section 16 16A or 17 .

(3A) No direction under this section shall affect—

(a) any power or duty of the Agency to which it is given to consult the Food Standards Agency; or

(b) the information which is to be sent by that Agency to the Food Standards Agency.

(4) 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, and

(b) in subsection (2), the reference to England shall have effect as a reference to Northern Ireland and the reference to the Minister of Agriculture, Fisheries and Food shall have effect as a reference to the Department of Agriculture for Northern Ireland.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

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

26

(1) Where the appropriate Agency—

(a) refuses an application for registration under section 7 or 10, or refuses an application for an authorisation under section 13 or 14,

(aa) refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,

(b) attaches any limitations or conditions to such a registration or to such an authorisation, or

(c) varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

(d) cancels such a registration or revokes such an authorisation,

the person directly concerned may, subject to subsection (3), appeal to the Secretary of State.

(2) A person on whom a notice under section 21 or 22 is served may, subject to subsections (3) and (4), appeal against the notice to the Secretary of State.

(3) No appeal shall lie—

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

(b) under subsection (1) or (2) in respect of any decision taken by the appropriate Agency in pursuance of a direction of the Secretary of State under section 23 or 24.

(4) No appeal shall lie under subsection (2) in respect of any notice served in . . . Northern Ireland by the appropriate Minister in exercise of the power under section 21 or 22.

(5) In this section “the person directly concerned” means—

(a) in relation to a registration under section 7 or 10, the person applying for the registration or to whom the registration relates;

(b) in relation to an authorisation under section 13 or 14, the person applying for the authorisation or to whom it was granted;

(c) in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;

(d) in relation to an application for a variation under section 17, the person applying for the variation.

and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions to it either in effecting or granting it or in exercising any power to vary it.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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.

Procedure on appeals under s. 26

27

(1) The Secretary of State may refer any matter involved in an appeal under section 26 other than appeals against any decision of, or notice served by, SEPA, to a person appointed by him for the purpose.

(1A) As respects an appeal against any decision of, or notice served by, SEPA, this section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).

(2) An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.

(3) If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

(4) On determining an appeal from a decision of the appropriate Agency under section 26 the Secretary of State—

(a) may affirm the decision,

(b) where that decision was the refusal of an application, may direct the appropriate Agency to grant the application,

(c) where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or

(d) where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,

and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) he may give directions to the appropriate Agency as to the limitations and conditions to be attached to the registration or authorisation in question.

(5) On the determination of an appeal in respect of a notice under section 26(2), the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.

(6) The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.

(7) The Secretary of State may by regulations make provision with respect to appeals under section 26 (including in particular provision as to the period within which appeals are to be brought).

(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) 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.

Representations in relation to authorisations and notices where appropriate Minister is concerned

28

(1) Before the chief inspector and the appropriate Minister—

(a) refuse an application for an authorisation under section 13, or

(b) attach any limitations or conditions to such an authorisation, or

(d) revoke such an authorisation,

the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and that Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and that Minister.

(2) In subsection (1)—

(a) “ the person directly concerned ”, in relation to an authorisation under section 13, means the person applying for the authorisation or the person to whom the authorisation was granted, as the case may be, and

(b) any reference to attaching limitations or conditions to such an authorisation is a reference to attaching limitations or conditions to it either in granting the authorisation or in the exercise of any power to vary it.

(3) The appropriate Minister shall afford to any person—

(a) on whom he has served a notice under section 21 or 22, and

(b) who requests a hearing within the prescribed period,

an opportunity to appear before and be heard by a person appointed by him for the purpose.

(4) 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.

Further powers of Secretary of State in relation to radioactive waste

Provision of facilities for disposal or accumulation of radioactive waste

29

(1) If it appears to the Secretary of State that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the Secretary of State may provide such facilities, or may arrange for their provision by such persons as the Secretary of State may think fit.

(2) Where, in the exercise of the power conferred by this section, the Secretary of State proposes to provide, or to arrange for the provision of, a place for the disposal or accumulation of radioactive waste, the Secretary of State, before carrying out that proposal, shall consult with any local authority in whose area that place would be situated, and with such other public or local authorities (if any) as appear to him to be proper to be consulted by him.

(3) The Secretary of State may make reasonable charges for the use of any facilities provided by him, or in accordance with arrangements made by him, under this section, or, in the case of facilities provided otherwise than by the Secretary of State, m ay direct that reasonable charges for the use of the facilities may be made by the person providing them in accordance with any such arrangements.

(4) 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.

Power of Secretary of State to dispose of radioactive waste

30

(1) If there is radioactive waste on any premises, and the appropriate Agency is satisfied that—

(a) the waste ought to be disposed of, but

(b) by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless that Agency exercises its powers under this section,

that Agency shall have power to dispose of that radioactive waste as that Agency may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by that Agency in disposing of it.

(2) In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

(3) For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—

(a) with the substitution in section 294 for references to a council of references to the Environment Agency or, in Northern Ireland, the Department of the Environment for Northern Ireland, and

(b) in relation to Northern Ireland, as if that Act extended to Northern Ireland.

(4) For the purposes of this section in its application to Scotland, the definition of “owner” in section 3 of the Public Health (Scotland) Act 1897 section 78A(9) (preliminary) of the Environmental Protection Act 1990 and the provisions of section 336 of the Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to SEPA for references to a local authority.

Rights of entry

Rights of entry and inspection

31

(1) Any person who is either an inspector appointed under section 4 or a person authorised in that behalf by the Secretary of State (in this section referred to as an “inspector”) may, for the purposes of the execution of this Act,—

(a) enter, at any reasonable time or, in an emergency, at any time, upon any premises to which this subsection applies, with such equipment as the inspector may require,

(b) carry out such tests (including dismantling and subjecting to any process) and inspections and take such photographs on any such premises, and obtain and take away such samples from the premises, as the inspector may consider necessary or expedient,

(c) give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purpose of any tests or inspections, and

(d) require the occupier of any such premises, or any person with duties on or in connection with the premises, to provide the inspector with such facilities and assistance and such information relating to the use of the premises, or to permit him to inspect such documents relating thereto, as the inspector may require, and in the case of answers to his questions, to sign a declaration of the truth of the answers.

(2) Subsection (1) applies—

(a) to any premises in respect of which a person is for the time being registered under section 7,

(b) to any premises in respect of which a person is exempted from such registration by section 8(1), and

(c) to any premises in respect of which an authorisation granted under section 13(1) or 14 is for the time being in force.

(3) In relation to premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsection (1) shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the Official Secrets Act 1911).

(4) Where an inspector has reasonable grounds for believing—

(a) that radioactive material has been or is being kept or used on any premises to which subsection (1) does not apply, or

(b) that radioactive waste has been or is being disposed of or accumulated on or from any such premises,

the inspector may exercise, in relation to those premises, any of the powers which are conferred by subsection (1) in relation to premises to which that subsection applies, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(5) Any person authorised in that behalf by the Secretary of State may at any reasonable time enter upon any premises for the purpose of disposing of radioactive waste in the exercise of the powers conferred by section 30, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(6) Subject to subsection (7), no power shall be exercisable by virtue of subsection (4) or (5) in respect of any premises except—

(a) with consent given by or on behalf of the occupier of the premises, or

(b) under the authority of a warrant granted under the provisions of Schedule 2, or

(7) Subsection (6) does not apply in respect of—

(a) premises in respect of which—

(i) a person has been (but is no longer) registered under section 7, or

(ii) an authorisation has been (but is no longer) in force under section 13(1) or 14, or

(b) premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or is being kept or used.

(8) In England, subject to section 6(3) of the Atomic Energy Authority Act 1954, any person who is either an inspector appointed under section 5 of this Act or a person authorised in that behalf by the Minister of Agriculture, Fisheries and Food may, for the purposes of the execution of this Act in relation to any premises situated on a nuclear site, exercise in relation to any such premises (but not in relation to any other premises) any of the powers conferred by paragraphs (a) to (d) of subsection (1) of this section, as if references in those paragraphs to an inspector included a reference to a person appointed or authorised as mentioned in this subsection.

(9) An inspector appointed under section 4 or 5 shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(10) The provisions of Schedule 2 shall have effect for the purposes of this section.

(11) In this section any reference to a case of emergency is a reference to a case where a person requiring entry to any premises in pursuance of this section has reasonable cause to believe—

(a) that circumstances exist which are likely to endanger life or health, and

(b) that immediate entry to the premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

(12) 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, and

(b) subsection (8) shall apply as it applies in England, but as if the reference to the Minister of Agriculture, Fisheries and Food were a reference to the Department of Agriculture for Northern Ireland.

Offences

Offences relating to registration or authorisation

32

(1) Any person who—

(a) contravenes section 6, 9, 13(1), (2) or (3) or 14(1), or

(b) being a person registered under section 7 or 10, or being (wholly or partly) exempted from registration under either of those sections, does not comply with a limitation or condition subject to which he is so registered or exempted, or

(c) being a person who holds an authorisation under section 13 or 14 , does not comply with a limitation or condition subject to which that authorisation has effect, or

(d) being a person who is registered under section 7 or 10 or who holds an authorisation under section 13 or 14 , fails to comply with any requirement of a notice served on him under section 21 or 22,

shall be guilty of an offence.

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

(a) on summary conviction, to a fine not exceeding #20,000 or to imprisonment for a term not exceeding six months, or both;

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

(3) If the appropriate Agency is of the opinion that proceedings for an offence under subsection (1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a notice served on him under section 21 or 22, that Agency may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the notice.

Offences relating to ss. 19 and 20

33

(1) Any person who contravenes section 19 shall be guilty of an offence and liable—

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

(b) on conviction on indictment, to a fine.

(2) Any person who without reasonable cause pulls down, injures or defaces any document posted in pursuance of section 19 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Any person who fails to comply with a requirement imposed on him under section 20 shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;

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

Disclosure of trade secrets

34

(1) If any person discloses any information relating to any relevant process or trade secret used in carrying on any particular undertaking which has been given to or obtained by him under this Act or in connection with the execution of this Act, he shall be guilty of an offence, unless the disclosure is made—

(a) with the consent of the person carrying on that undertaking, or

(b) in accordance with any general or special directions given by the Secretary of State, or

(bb) under or by virtue of section 113 of the Environment Act 1995, or

(d) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings.

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

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;

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

(3) In this section “relevant process” means any process applied for the purposes of, or in connection with, the production or use of radioactive material.

(4) In the application of this section to Northern Ireland, the reference in subsection (1)(b) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Obstruction

35

(1) Any person who—

(a) intentionally obstructs an inspector or other person in the exercise of any powers conferred by section 31, or

(b) refuses or without reasonable excuse fails to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector or other person under that section,

shall be guilty of an offence.

(2) 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.

Offences by bodies corporate

36

(1) Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

(2) In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Offence due to another’s fault

37

Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person may by virtue of this section be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.

Restriction on prosecutions

38

(1) Proceedings in respect of any offence under this Act shall not be instituted in England or Wales except—

(a) by the Secretary of State,

(b) by the Environment Agency, or

(2) Proceedings in respect of any offence under this Act shall not be instituted in Northern Ireland except—

(a) by the head of the Department of the Environment for Northern Ireland, or

(b) by or with the consent of the Attorney General for Northern Ireland.

(3) This section shall be deemed to have been enacted before the coming into operation of the Prosecution of Offences (Northern Ireland) Order 1972.

Public access to documents and records

39

(1) The appropriate Agency shall keep copies of—

(a) all applications made to it under any provision of this Act,

(b) all documents issued by it under any provision of this Act,

(d) such records of convictions under section 32, 33, 34 or 35 as may be prescribed in regulations;

and the appropriate Agency shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret or would involve the disclosure of information as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security.

(2) Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the appropriate Agency. . . that all or any part of any such document is not to be available for inspection.

(3) Directions under subsection (2) shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets and may be given generally in respect of all, or any description of, documents or in respect of specific documents.

(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, 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), oran order confirmed by 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 appropriate Agency, and

(b) in pursuance of those arrangements the appropriate Agency 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 any other enactment, whether contained in a public general Act or in a local or private Act, 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 Minister” means—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to Northern Ireland, the Department of Agriculture for Northern Ireland,

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

“article” includes a part of an article,

“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,

(aa) in Wales, the council of a county or county borough;

(b) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and

“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 ,

“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 water body” means—in England and Wales, . . ., a water undertaker, a sewerage undertaker or a local fisheries committee,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.

(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 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.

(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 the Environment for Northern Ireland.

Index of defined expressions

48

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

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

(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

Sections 48, 81, 82, 141, 259 and 261 of the Public Health Act 1936.

2

Section 16 of the Clean Air Act 1993.

3

Section 5 of the Sea Fisheries Regulation Act 1966.

4

Section 4 of the Salmon and Freshwater Fisheries Act 1975.

5

Section 59 of the Building Act 1984.

6

The Planning (Hazardous Substances) Act 1990.

7

Part III of the Environmental Protection Act 1990.

8

Sections 72, 111 and 113(6) and Chapter III of Part IV of the Water Industry Act 1991 and paragraphs 2 to 4 of Schedule 8 to that Act so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974.

9

Sections 82, 84, 85, 86, 87(1), 88(2), 92, 93, 99, 161, 190, 202, and 203 of and paragraph 6 of Schedule 25 to the Water Resources Act 1991.

10

Section 18 of the Water Act 1945 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the Control of Pollution Act 1974 not having been brought into force.

Part II — Scotland

11

Sections . . . 32, 41, 42 and 116 of the Public Health (Scotland) Act 1897.

12

Section 16 of the Clean Air Act 1993.

13

The Sewerage (Scotland) Act 1968.

14

The Planning (Hazardous Substances) (Scotland) Act 1997.

15

Section 201 of the Local Government (Scotland) Act 1973.

16

Sections 30A, 30B, 30D, 41 to 42B and 56(1) to (3) of the Control of Pollution Act 1974.

17

Sections 70, 71 and 75 of the Water (Scotland) Act 1980.

Part III — Northern Ireland

18

Sections 50, 51, 58, 107 and 129 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

In section 4(1)(d) of the Nuclear Installations Act 1965, for “sections 6 and 8 of the Radioactive Substances Act 1960” there is substituted “ sections 13 and 16 of the Radioactive Substances Act 1993 ”.

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

In section 28(2) of the Environmental Protection Act 1990, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.

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

In section 98 of the Water Resources Act 1991—

(a) in subsection (1), for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”, and

(b) in subsection (2)(b) for “1960” there is substituted “ 1993 ”.

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 waste”.

Prohibition of use of mobile radioactive apparatus without registration.

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

Part III of the Environmental Protection Act 1990.

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

[^c426678]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426679]: Words in s. 7 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

[^c426680]: Words in s. 7(1)(c) substituted (E.W.S.) (1.4.1996) by 1995 c.25, s. 120(1), Sch. 22 para. 202(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426688]: Words in s. 7(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 202(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426691]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426692]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426693]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426694]: Words in s. 8 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

[^c426698]: Word in s. 8(2) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 203 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426700]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426701]: Words in s. 10 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

[^c426702]: Words in s. 10(1)(c) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 204(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426707]: Words in s. 10(3)(5)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 204(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426711]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426712]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426713]: Words in s. 12 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

[^c426715]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^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

[^c426722]: S. 15(1)(a)(b) inserted (13.5.2000) by S.S.I. 2000/100 , art. 2

[^c426723]: ISO 3157: 1991(E), “Radioluminescence for time measurement instruments – Specifications”.

[^c426724]: ISO 3157: 1991(E), “Radioluminescence for time measurement instruments – Specifications”.

[^c426725]: NEA, “Radiation Protection Standards for Gaseous Tritium Light Devices” (1973).

[^c426726]: IAEA, “Radiation Protection Standards for Radioluminous Timepieces”:(1967).

[^c426727]: S. 15(1A)-(1C) inserted (E.W.) (14.1.2002) by S.I. 2001/4005 , reg. 2(3)

[^c426751]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426752]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426753]: Words in s. 16(2) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 205(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426754]: Words in s. 16 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

[^c426755]: S. 16(3) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 205(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426756]: Words in s. 16(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426757]: S. 16(4A) amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 21 (with s. 38); S.I. 2000/1066, art. 2

[^c426758]: Words in s. 16(4A)(a) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(2)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426759]: Words in s. 16(4A)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(2)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426762]: Words in s. 16(5) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426766]: Words in s. 16(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426769]: Words in s. 16(8)(b) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(8) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426773]: Words in s. 16(10) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 205(9)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426775]: S. 16(11) repealed (1.4.2000) by 1999 c. 28, s. 40(2)(4), Sch. 5 para. 43(2)(c), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426784]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426785]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426786]: Words in s. 17 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

[^c426788]: S. 17(2A) amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 21 (with s. 38); S.I. 2000/1066, art. 2

[^c426789]: Words in s. 17(2A)(a) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(3)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426790]: Words in s. 17(2A)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(2), Sch. 5 para. 43(3)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426793]: S. 17(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 206(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426794]: S. 17(5) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(3)(c), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426795]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426796]: Words in s. 18 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

[^c426803]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426804]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426805]: Words in s. 20 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

[^c426808]: S. 20(3) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 208, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426809]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426810]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426811]: Words in s. 21 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

[^c426812]: Word in s. 21(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 209(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426814]: S. 21(3) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, S. 120(1)(3), Sch. 22 para. 209(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426817]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426818]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426819]: Words in s. 22 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

[^c426820]: Word in s. 22(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 210(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426822]: S. 22(5) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 210(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426827]: Words in s. 22(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 210(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426829]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426840]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426841]: Words in s. 23 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

[^c426842]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426844]: Words in s. 23(1)(2)(3) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s.120(1) Sch. 22 para. 211(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426850]: S. 23(4A) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(1)(4), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426865]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426866]: 1972 c. 70.

[^c426867]: 1973 c. 65.

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

[^c426869]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426870]: Words in s. 24 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

[^c426871]: Words in s. 24(1)(4) substituted (E.W.S.) (1.4.1996) by 1996 c. 25, s. 120(1), Sch. 22 para. 212(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426874]: 1972 c. 70.

[^c426875]: 1973 c. 65.

[^c426876]: S.I. 1972/1265 (N.I. 14).

[^c426879]: S. 24(4A) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(4), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^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

[^c426927]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426928]: Words in s. 26 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

[^c426929]: S. 26: power to delegate functions conferred (E.W.S.) (1.4.1996) by 1995 c.25, s. 114(2)(a)(vi) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426930]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426932]: S. 26(3)(a) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 214(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426934]: Words in s. 26(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 214(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426935]: S. 26(5A) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(6), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c426944]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426945]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426946]: Words in s. 27(1) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 215(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426947]: S. 27(1A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 215(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426948]: Words in s. 27 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

[^c426951]: S. 27(7A) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(1)(6), 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

[^c426957]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426958]: S. 30(1): functions of the Secretary of State transferred (E.W.) (1.4.1996) to the Environment Agency by 1995 c. 25, s. 2(1)(h)(2)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426959]: S. 30(1): functions of the Secretary of State transferred (S.) (12.10.1995) to the Scottish Environment Protection Agency by 1995 c. 25, s. 21(1)(i)(2)(d) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[^c426960]: Words in s. 30(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(2)(a)(b)(c) (with ss. 7(6), 117); S. I. 1996/186, art. 3

[^c426966]: 1936 c. 49.

[^c426967]: Words in s. 30(3) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(3) (with ss. 7(6), 117); S. I. 1996/186, art. 3

[^c426969]: 1987 c. 26.

[^c426970]: Words in s. 30(4) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 217(4) (with ss. 7(6), 117); S. I. 1996/186, art. 3

[^c426971]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^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.

[^c426980]: 1911 c. 28.

[^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

[^c426989]: S.I. 1972/538 (N.I. 1).

[^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

[^c426991]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^c426992]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c426993]: S. 39(1): 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)

[^c426994]: Words in s. 39 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

[^c426995]: Words in s. 39(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 223(1)(a)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c426999]: Words in s. 39(1) substituted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 223(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

[^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.

[^c427011]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c427012]: S. 42(5) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 225, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427013]: Words in s. 42 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

[^c427015]: 1947 c. 44.

[^c427016]: 1952 c. 67.

[^c427017]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

[^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.

[^c427029]: In s. 47(1) in the definition of “the appropriate Minster” paras. (a)(b) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 227(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^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

[^c427054]: 1936 c. 49.

[^c1539847]: Sch. 3 Pt. I para. 2 substituted (27.8.1993) by 1993 c. 11, ss. 67(1), 68(2), Sch. 4 para. 6(a).

[^c427057]: 1966 c. 38.

[^c427058]: 1975 c. 51.

[^c427059]: 1984 c. 55.

[^c427060]: 1990 c. 10.

[^c427061]: 1990 c. 43.

[^c427062]: 1991 c. 56.

[^c427063]: 1974 c. 40.

[^c427065]: Words in Sch. 3 para. 9 substituted (1.4.1996) by 1995 c. 25, s. 120(1), SCh. 22 para. 230(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427066]: 1991 c. 57.

[^c427067]: 1945 c. 42.

[^c427068]: 1991 c. 60.

[^c427069]: 1974 c. 40.

[^c427078]: Words in Sch. 3 Pt. II para. 11 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427079]: 1897 c. 38.

[^c1539849]: Sch. 3 Pt. II para. 12 substituted (27.8.1993) by 1993 c. 11, ss. 67(1), 68(2), Sch. 4 para. 6(b).

[^c427082]: Words in Sch. 3 Pt. II para. 12 substituted (1.4.1996) by 1995 c. 25, s. 107, Sch. 17 para. 8(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427084]: 1968 c. 47.

[^c427086]: Sch. 3 para. 14 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 54

[^c427087]: 1973 c. 65.

[^c427091]: 1980 c. 45.

[^c427092]: 1990 c. 43.

[^c427073]: Sch. 3 Pt. II para. 17A added (1.4.1996) by 1995 c. 25, s. 107, Sch. 17 para. 8(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[^c427095]: 1878 c. 52.

[^c427096]: 1890 c. 59.

[^c427097]: 1907 c. 53.

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

[^c1539850]: Sch. 3 para. 22 substituted (24.8.2001) by S.I. 1999/662 (N.I. 6), art. 63(1), Sch. 7; S.R. 2001/283, art. 2

[^c427102]: S.I. 1981/158 (N.I. 4).

[^c427103]: S.R. (N.I.) 1981/252.

[^c427106]: 1978 c. 30.

[^c427107]: 1974 c. 37.

[^c427108]: 1960 c. 34

[^c427109]: S.I. 1978/1039 (N.I.9).

[^c427111]: 1974 c. 40.

[^c427112]: 1960 c. 34.

[^c427113]: 1990 c. 11.

[^c427114]: 1990 c. 43.

[^c427115]: 1990 c. 43.

[^c427116]: 1982 c. 45.

[^key-fa9d3874129e53c76f6a156ec6a6fed5]: Words in s. 15(1) inserted (E.W.) (14.1.2002) by S.I. 2001/4005 , reg. 2(2); and words in s. 15(1) inserted (N.I.) (1.5.2003) by virtue of The Radioactive Substances (Basic Safety Standards) Regulations (Northern Ireland) 2003 (S.R. 2003/208) , regs. 1 , 4(1)(a)

[^key-8114071953846a999ca86d35f00894f3]: S. 15(1A)-(1C) inserted (N.I.) (1.5.2003) by The Radioactive Substances (Basic Safety Standards) Regulations (Northern Ireland) 2003 (S.R. 2003/208), regs. 1, 4(1)(b)

[^key-0a42f1b29666ebb5445e22f32a3aa605]: Words in s. 47(1) substituted (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 17

[^key-6f0aec6c86ff3c75fc5445c4845f7716]: Sch. 5 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1

[^key-6a03764460089203ca82ee0d1285fdc8]: Words in s. 16(6) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 2; S.I. 2004/1973, art. 2, Sch.

[^key-79eb1680090a3d13d6edb4c4bde5c912]: S. 17(2ZA)(2ZB) inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 73, 198(2); S.I. 2004/1973, art. 2, Sch.

[^key-d6a1d274c9b4f144163ec1b0f5d01baa]: S. 16A inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 72, 198(2); S.I. 2004/1973, art. 2, Sch.

[^key-e9d0a9b304f40a37f2f17cfba4bdac53]: S. 17A inserted (27.7.2004) by Energy Act 2004 (c. 20), ss. 74, 198(2); S.I. 2004/1973, art. 2, Sch.

[^key-7f23f93e47ac67ce829b4bac3b8ccfe1]: Words in s. 20(1) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 4; S.I. 2004/1973, art. 2, Sch.

[^key-ac5a1602bdc61769a9daf33e67b74843]: Words in s. 21(1) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 5(1); S.I. 2004/1973, art. 2, Sch.

[^key-aa28a0785ba814f99c90cfd751eb629a]: Words in s. 21(4)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 5(2); S.I. 2004/1973, art. 2, Sch.

[^key-3cc3c0c8b9c29736b3c3500abf4dfb58]: Words in s. 22(6) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 6; S.I. 2004/1973, art. 2, Sch.

[^key-0fe03a695cd805945577bebe8b97f4ff]: Words in s. 23(1)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 7(1); S.I. 2004/1973, art. 2, Sch.

[^key-df3556d81aacc0aa6089395581bb31b5]: Words in s. 23(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 7(2); S.I. 2004/1973, art. 2, Sch.

[^key-9f2612acecd28e5aa12865d994db8c8f]: S. 23(2)(ca)(cb) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 7(3); S.I. 2004/1973, art. 2, Sch.

[^key-66c5ec2bcb6be8d893ebee657358fa85]: Word in s. 24(1)(a) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 8; S.I. 2004/1973, art. 2, Sch.

[^key-17dd7000d2f46e49efadd49650ed7152]: Words in s. 25(2)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(1); S.I. 2004/1973, art. 2, Sch.

[^key-66956f61617223e3468742826a036721]: Words in s. 25(3) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(a); S.I. 2004/1973, art. 2, Sch.

[^key-92fc087f9ee0d8f419b87c2351eb5c26]: Words in s. 25(3)(b) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 9(2)(b); S.I. 2004/1973, art. 2, Sch.

[^key-a71c16ebb2810288e0d0e554b882efc3]: S. 26(1)(aa) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(1); S.I. 2004/1973, art. 2, Sch.

[^key-0145ece197b9efb4d1de223e1d6ffca8]: S. 26(5)(c)(d) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(2); S.I. 2004/1973, art. 2, Sch.

[^key-45a83b7ae6ed94a8c183b5567810b8c9]: Words in s. 19 substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 3; S.I. 2004/1973, art. 2, Sch.

[^key-7fdd5f839f83fc9dd2026ec7b94b2099]: Words in s. 32(1)(c) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 11; S.I. 2004/1973, art. 2, Sch.

[^key-494f15a8d9169f73b01789c533abc62d]: Words in s. 32(1)(d) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 11; S.I. 2004/1973, art. 2, Sch.

[^key-dda24cfd8125dc7485b8fed7c25527d1]: Words in s. 34A(1)(a) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 12(a); S.I. 2004/1973, art. 2, Sch.

[^key-6a6a300f9822dbd58ece83833be14ae1]: Words in s. 34A(2)(a) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 12(b); S.I. 2004/1973, art. 2, Sch.

[^key-6e8bca2483f4847852f9de1d68dbdbcc]: Words in s. 47(1) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 13; S.I. 2004/1973, art. 2, Sch.

[^key-4b4d6efade24adb2569f653c1c9665e4]: S. 16A(8)(b) substituted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 13

[^key-9c909f9da2f5139ff22fc09eed4ff60d]: S. 47(5A) inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 17(2)

[^key-4a63fcb118793f27e97c80b6d37054bf]: Words in s. 47(1) inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 17(1)(a)

[^key-88aad548590e28779433525bd44f330b]: Words in s. 47(1) inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 17(1)(b)

[^key-a8677e70d6f217565609095e4275f591]: Words in s. 48 inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 18(a)

[^key-c144683577c7063dbbd3c6009cba0078]: Words in s. 48 inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 18(b)

[^key-37b434cc20d0d261a3571e6f82efa3d7]: S. 7(7A) inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 9(b)

[^key-f0f326cbcb3a0417fc75afa54ee47f15]: Words in s. 7(7) omitted (20.10.2005) by virtue of High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 9(a)

[^key-dac59a1b8a3123e9709589c79c9a4ca5]: S. 7(8)(a) substituted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 9(c)

[^key-1a540c5997c03cbc6e211faffa666850]: S. 10(5)(a) substituted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 10

[^key-9c59c839c1881b08e05f2453ef59b66c]: S. 12(1A) inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 11

[^key-24d0d12ad495249b8fdc8d1885b0906e]: S. 16(9)(a) substituted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 12

[^key-7187479b63e4f438b7201075ce0c473f]: Words in s. 20(1) added (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 14(a)

[^key-ae07be1ec599552a8d60cfe3220dc6db]: Words in s. 20(4) inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 14(b)

[^key-24c0a125d5f34faef634a78029ab79c3]: S. 23(6) inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 15

[^key-c1f79fe83ae3f7532c602e9546db372e]: S. 30A inserted (20.10.2005) by High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 (S.I. 2005/2686), regs. 1(2), 16

[^key-c88369dd94ad9dd8d6736641b7d3fde2]: Sch. 3 para. 16 substituted (1.4.2006) by Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181) , art. 1, Sch. Pt IV para. 7(2)

[^key-78b8984f9a93f0b607fdce6d0ea41b2c]: Act applied in part (temp.) (E.W.) (30.11.2006) (with effect in accordance with art. 1(1) of the commencing S.I.) by Radioactive Substances (Emergency Exemption) (England and Wales) Order 2006 (S.I. 2006/3169), art. 2

[^key-cd91ee1447576ac620df0bdfe8f3287d]: Words in s. 47(1) added (1.4.2007 for specified purposes, 25.5.2007 in so far as not already in force) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336), art. 1(2), Sch. 12 para. 32(1) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. Pt. 2 (with Sch. 2); S.R. 2007/282, art. 2(2), Sch.

[^key-35a38fb476eebe77e182116975a37de5]: Word in Sch. 3 para. 22 substituted (1.4.2007 for specified purposes, 25.5.2007 in so far as not already in force) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336), art. 1(2), Sch. 12 para. 32(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. Pt. 2 (with Sch. 2); S.R. 2007/282, art. 2(2), Sch.

[^key-9d9aa6531a4082c031837fbbdbbb54c8]: Sch. 3 para. 23 substituted (1.4.2007 for specified purposes, 25.5.2007 in so far as not already in force) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336), art. 1(2), Sch. 12 para. 32(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. Pt. 2 (with Sch. 2); S.R. 2007/282, art. 2(2), Sch.

[^key-ca2727b2e99c71df86a4e266cda8345d]: Words in s. 30(4) substituted (S.) (1.10.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009 (S.S.I. 2009/319), sch. 2 para. 5

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.

The following abbreviations are used in this Table:—

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

(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

(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; and

(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.

(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 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,

(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.

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.

Note: These repeals extend to Northern Ireland only.

Notes:

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.

Note: These repeals extend to Northern Ireland only.

Notes: