The Radioactive Substances (Smoke Detectors) Exemption (Amendment) Order 1991

Made: 6th March 1991

Laid before Parliament: 11th March 1991

Coming into force: 1st April 1991

The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 2(6) and (7) and 15(3) of the Radioactive Substances Act 1960[^f00001]and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1

This Order may be cited as the Radioactive Substances (Smoke Detectors) Exemption (Amendment) Order 1991 and shall come into force on 1st April 1991.

2

• (1) The Radioactive Substances (Smoke Detectors) Exemption Order 1980[^f00002] shall be amended as follows.

• (2) In Article 2(1) there shall be omitted the definition of “the Secretary of State”.

• (3) In Article 6—

• (a) in paragraph (1) for the words “does not exceed 100” there shall be substituted the words “does not exceed 500 and, in a case where the total number of such smoke detectors present on the premises at any given time exceeds 10O, subject also to the conditions specified in paragraph (1A) of this Article”;

• (b) after paragraph (1) there shall be inserted the following paragraph—

(1A) The conditions to which the preceding paragraph refers are— (a) that all reasonably practicable measures are taken to ensure that each such smoke detector, except when on display for the purpose of sale, is kept in a store which— (i) is constructed, maintained and used so as to prevent the loss or unauthorised removal of the smoke detector; (ii) is constructed of non-combustible materials; (iii) does not contain and is not located close to any explosive or flammable material; and (iv) is clearly and legibly marked with the word “Radioactive” and the radiation symbol conforming to the specification for a basic symbol to denote the actual or potential presence of ionizing radiation published by the British Standards Institution and numbered BS 3510:1968[^f00003] or the basic ionizing radiation symbol published by the International Organisation for Standardization and numbered ISO 361:1975; and (b) that all reasonably practicable measures are taken to maintain on the premises clear, legible and up-to-date records of each such smoke detector kept on the premises and its location.

• (c) in paragraph (2)(b)(i) and (c), for the words “the Secretary of State”, in both places where they occur, there shall be substituted the words “the chief inspector”.

Signed

Michael Heseltine — Secretary of State for the Environment — 6th March 1991

David Hunt — Secretary of State for Wales — 6th March 1991

Explanatory note

(This note is not part of the Order)

This Order amends provisions of the Radioactive Substances (Smoke Detectors) Exemption Order 1980 ("the 1980 Order") relating to the exemption from registration under section I of the Radioactive Substances Act 1960 in respect of the keeping and use of smoke detectors.

The limitation in Article 6(1) of the 1980 Order on the total number of smoke detectors on premises in respect of which exemption is granted is increased from 100 to 500. In addition two conditions are imposed where the total number of smoke detectors on the premises exceeds 100. One condition deals with storage of smoke detectors when not displayed for the purpose of sale. The other requires the maintenance of records of smoke detectors kept on the premises. (See Article 2(3)(a) and (b) of this Order).

The chief inspector appointed under the Radioactive Substances Act 1960 must in future be notified under Article 6(2) of the 1980 Order (instead of the Secretary of State) where, for example, there are reasonable grounds for believing that a radioactive source incorporated in a smoke detector fixed to premises has been lost or stolen (see Article 2(2) and (3)(c) of this Order).

A copy of the British Standard mentioned in Article 2(3)(b) of this Order is available from any of the sales outlets of the British Standards Institution or by post from the British Standards Institution, Linford Wood, Milton Keynes MK14 6LE (Telephone number: Milton Keynes (STD 0908 220022)). A copy of the International Standard mentioned in that provision is also available from the British Standards Institution but only by post from the same address in Milton Keynes.

Footnotes

[^f00001]: 1960 c. 34; relevant amendments were made by section 100(3) of the Environmental Protection Act 1990 (c. 43).

[^f00002]: S.I. 1980/953.

[^f00003]: The Standard Book Number (ISBN) in respect of BS 3510:1968 is 580 00086 9.