The Ionising Radiations Regulations 2017

PART 4 — Table of quantities of radioactive material defining high-activity sealed sources

¹ The activity given is that of the alpha-emitting radionuclide.	¹ The activity given is that of the alpha-emitting radionuclide.
Radionuclide	Quantity (Bq)
Co-60	3 × 10¹⁰
Se-75	2 × 10¹¹
Sr-90 (Y-90)	1 × 10¹²
Cs-137	1 × 10¹¹
Pm-147	4 × 10¹³
Gd-153	1 × 10¹²
Tm-170	2 × 10¹³
Yb-169	3 × 10¹¹
Ir-192	8 × 10¹⁰
Ra-226	4 × 10¹⁰
Pu-238	6 × 10¹⁰
Pu-239/Be-9¹	6 × 10¹⁰
Am-241	6 × 10¹⁰
Am-241/Be-9¹	6 × 10¹⁰
Cm-244	5 × 10¹⁰
Cf-252	2 × 10¹⁰

SCHEDULE 8 — Transitional provisions and savings

1

• (1) In this Schedule—

• “the 1999 Regulations” means the Ionising Radiations Regulations 1999 ;

• “restated provision” means any provision of these Regulations so far as it corresponds (with or without modification) to a provision of the 1999 Regulations;

• “superseded provision” means any provision of the 1999 Regulations as it has effect immediately before 1st January 2018 so far as it corresponds (with or without modification) to a provision of these Regulations.

• (2) In this Schedule references to things done include references to things omitted to be done.

2

• (1) Any thing done, or having effect as if done, under or for the purposes of any superseded provision, if effective immediately before 1st January 2018, has effect, so far as is required for continuing its effect on and after that date, as if done under or for the purposes of the corresponding restated provision.

• (2) Paragraph (1) does not apply in relation to an authorisation granted or notification made under the 1999 Regulations.

• (3) The specific provisions in paragraphs 3 to 10 are not to be taken to affect the generality of paragraph (1).

3

Where on or before 5th February 2018 an employer commences work in respect of which a notification is required under regulation 5(2), it will be sufficient compliance with that regulation if the employer notifies the appropriate authority and provides the particulars required under regulation 5(2) on or before 5th February 2018.

4

In paragraph 3 “appropriate authority” has the same meaning as set out in regulation 5(6).

5

Where on or before 5th February 2018 a person carries out a registrable practice (within the meaning of regulation 6(1)) it will be sufficient compliance with regulation 6(3) if the person completes the registration procedure under that regulation on or before 5th February 2018.

6

A person who carries out a practice requiring consent under regulation 7 on or before 5th February 2018 is deemed to have been granted consent to carry out that practice under regulation 7(2) until 5th February 2018.

7

Where an employer has, in respect of an employee, applied the dose limits set out in paragraphs 9 to 11 of Schedule 4 to the 1999 Regulations in accordance with the requirements of regulation 11(2) of those Regulations and those dose limits have effect immediately before 1st January 2018, the appropriate authority is deemed to have approved, for the purposes of regulation 12(2) of these Regulations, the application of the dose limits, in respect of that employee, set out in paragraphs 9 to 11 of Schedule 3 to these Regulations.

8

In paragraph 7—

• (a) “appropriate authority” has the same meaning as set out in regulation 12(4);

• (b) the deemed approval granted by that paragraph is valid until the end of 5th February 2018.

9

A radiation passbook approved for the purposes of the 1999 Regulations and issued on or before 30th April 2018 in respect of a classified outside worker employed by an employer in Great Britain and which was at that date valid remains valid for such time as the worker to whom the passbook relates continues to be employed by the same employer.

10

Where a superseded provision provides a period of time within which an aggrieved person may apply for a decision to be reviewed, that period of time continues to apply on and after 1st January 2018 in relation to any decision notified to the aggrieved person before 1 January 2018.

SCHEDULE 9 — Modifications

The Employment Act 1989

1

In Schedule 1 to the Employment Act 1989 , omit “Paragraphs 5 and 11 of Schedule 4 to the Ionising Radiations Regulations 1999 [SI 1999/3232]”.

The Employment Rights Act 1996

2

In section 64(3) of the Employment Rights Act 1996 , for “Regulation 24 of the Ionising Radiations Regulations 1999 [SI 1999/3232]” substitute “ Regulation 25 of the Ionising Radiations Regulation 2017 [SI 2017/1075] ”.

The Personal Protective Equipment at Work Regulations 1992

3

In regulation 3(3)(b) of the Personal Protective Equipment at Work Regulations 1992 , for “the Ionising Radiations Regulations 1999 [SI 1999/3232]” substitute “ the Ionising Radiations Regulations 2017 [SI 2017/1075] ”.

The Health and Safety (Enforcing Authority) Regulations 1998

4

• (1) The Health and Safety (Enforcing Authority) Regulations 1998 are amended as follows.

• (2) In regulation 2(1), in the definition of “ionising radiation”, for “the Ionising Radiations Regulations 1999 [SI 1999/3232]” substitute “ the Ionising Radiations Regulations 2017 [SI 2017/1075] ”.

• (3) In regulation 4A (the Office for Nuclear Regulation)—

• (a) in paragraph (2), for sub-paragraph (a) substitute—

(a) the provisions of the Ionising Radiations Regulations 2017 in so far as they apply— (i) in relation to the civil transport of radioactive material by road, railway or inland waterway; and (ii) to premises which are or are on a nuclear warship site; (aa) the provisions of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 in so far as they apply to premises which are or are on a nuclear warship site;

• (b) for paragraph (3) substitute—

(3) For the purposes of— (a) paragraph (2)(a)— (i) “civil transport” means transport otherwise than for the purposes of the department of the Secretary of State with responsibility for defence; (ii) “radioactive material” has the same meaning as given in regulation 2(1) of the Ionising Radiations Regulations 2017 [S.I. 2017/1075]; (iii) the transport of material begins with any preparatory process (such as packaging) and continues until the material has been unloaded at its destination; (b) paragraphs (2)(a) and (aa) “premises” includes a nuclear powered warship during any period it is berthed or anchored at a nuclear warship site.

• (4) In Schedule 2—

• (a) in paragraph 4(d), for “Schedule 1 of the Ionising Radiations Regulations 1999 [SI 1999/3232]” substitute “ Schedule 1 to the Ionising Radiations Regulations 2017 [SI 2017/1075] ”;

• (b) in paragraph 5, for “the Ionising Radiations Regulations 1999 [SI 1999/3232]” substitute “ the Ionising Radiations Regulations 2017 [SI 2017/1075] ”.

The Radiation (Emergency Preparedness and Public Information) Regulations 2001

5

• (1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001 are amended as follows.

• (2) In regulation 2(1)—

• (a) for the definition of “the 1999 Regulations” substitute—

“the 2017 Regulations” means the Ionising Radiations Regulations 2017;

• (b) in the definition of “approved dosimetry service”, for “the 1999 Regulations” substitute “ the 2017 Regulations ”;

• (c) in the definition of “dose assessment”, for “regulation 21 of the 1999 Regulations” substitute “ regulation 22 of the 2017 Regulations ”;

• (d) in the definition of “dose record”, for “regulation 21 of the 1999 Regulations” substitute “ regulation 22 of the 2017 Regulations ”;

• (e) in the definition of “emergency exposure”, for “Schedule 4 to the 1999 Regulations” substitute “ Schedule 3 to the 2017 Regulations ”;

• (f) in the definition of “medical surveillance”, for “regulation 24 of the 1999 Regulations” substitute “ regulation 25 of the 2017 Regulations ”.

• (3) In regulation 4(3), for “regulation 7 (Prior risk assessment etc) of the 1999 Regulations” substitute “ regulation 8 (Radiation risk assessments) of the 2017 Regulations ”.

• (4) In regulations 7(7)(b) and 8(8)(b), for “regulation 21 of the 1999 Regulations” substitute “ regulation 22 of the 2017 Regulations ” in each case.

• (5) In regulation 15, for “regulation 11 of the 1999 Regulations” substitute “ regulation 12 of the 2017 Regulations ”.

• (6) In Schedule 11 omit paragraphs 2 to 9.

The High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005

6

In the High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 , omit regulation 19.

The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006

7

• (1) The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 are amended as follows.

• (2) In regulation 3 (enforcing authority)—

• (a) after paragraph (4) insert—

(4A) The Office of Rail and Road has no responsibility for the enforcement of the Ionising Radiations Regulations 2017.

• (b) in paragraph (5)—

• (i) for “regulation 93(4)” substitute “ regulation 32(4) ”;

• (ii) for “2007 (defence and enforcement)” substitute “ 2009 (enforcement) ”.

The Legislative Reform (Health and Safety Executive) Order 2008

8

In Schedule 3 to the Legislative Reform (Health and Safety Executive) Order 2008 omit the entry relating to the Ionising Radiations Regulations 1999.

The REACH Enforcement Regulations 2008

9

In Part 3 of Schedule 3 to the REACH Enforcement Regulations 2008 —

• (a) in paragraph 1(g)(i), for “the Ionising Radiations Regulations 1999” substitute “ the Ionising Radiations Regulations 2017 ”;

• (b) in paragraph 3, for “the Ionising Radiations Regulations” substitute “ the Ionising Radiations Regulations 2017 ”.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

10

• (1) Schedule 2 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 is amended as follows.

• (2) In paragraph 3(1)—

• (a) for “regulation 20 of the Ionising Radiations Regulations 1999 (“the 1999 Regulations”)” substitute “ regulation 21 of the Ionising Radiations Regulations 2017 (“the 2017 Regulations”) ”;

• (b) for “regulations 21 to 26 of the 1999 Regulations” substitute “ regulations 22 to 27 of the 2017 Regulations ”.

• (3) In paragraph 3(2), for “paragraph 1, 2, 6, 7 or 8 of Schedule 4 (Dose Limits) to the 1999 Regulations” substitute “ paragraphs 1, 2, 5, 6 or 7 of Schedule 3 (Dose limits) to the 2017 Regulations ”.

• (4) In paragraph 3(3), for “Schedule 4 to the 1999 Regulations” substitute “ Schedule 3 to the 2017 Regulations ”.

• (5) In paragraph 4(2)(c), for “Schedule 4 to the Ionising Radiations Regulations 1999” substitute “ Schedule 3 to the Ionising Radiations Regulations 2017 ”.

The Environmental Permitting (England and Wales) Regulations 2010

11

In Part 2 of Schedule 26 to the Environmental Permitting (England and Wales) Regulations 2010 , omit paragraph 15 (Ionising Radiations Regulations 1999).

The Natural Resources Body for Wales (Functions) Order 2013

12

In Schedule 4 to the Natural Resources Body for Wales (Functions) Order 2013 , omit paragraph 113 (Ionising Radiations Regulations 1999).

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

13

• (1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 are amended as follows.

• (2) In regulation 14(6)(e), for “the Ionising Radiations Regulations 1999” substitute “ the Ionising Radiations Regulations 2017 ”.

• (3) In Schedule 4, Table 1, omit the entry relating to the Ionising Radiations Regulations 1999.

The Construction (Design and Management) Regulations 2015

14

In paragraph 3 of Schedule 3 to the Construction (Design and Management) Regulations 2015 , for “regulation 16 of the Ionising Radiations Regulations 1999” substitute “ regulation 17 of the Ionising Radiations Regulations 2017 ”.

The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

15

• (1) The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 are amended as follows.

• (2) In Part 2 of Schedule 2—

• (a) in column 1, for “Ionising Radiations Regulations 1999” substitute “ Ionising Radiations Regulations 2017 ”;

• (b) in column 2, for the corresponding entry, for “Authorisation under regulation 5 (authorisation of specified practices)” substitute “ Registration under regulation 6 (registration of certain practices) in relation to the use of electrical equipment intended to produce x-rays for the purpose of research or the exposure of persons for medical treatment, and consent under regulation 7 (consent to carry out specified practices) in relation to the practices specified in regulation 7(1)(d), (e) and (f) ”.

The Health and Safety and Nuclear (Fees) Regulations 2016

16

• (1) The Health and Safety and Nuclear (Fees) Regulations 2016 are amended as follows.

• (2) In regulation 2(1), for the definition of “the 1999 Regulations” substitute—

“the 2017 Regulations” means the Ionising Radiations Regulations 2017 [SI 2017/1075];

• (3) In the heading of regulation 8, for “the Ionising Radiation Regulations 1999” substitute “ the Ionising Radiations Regulations 2017 ”.

• (4) In regulation 8—

• (a) in paragraph (2)—

• (i) for “1(c)(i) or 1(d)(i)” substitute “ 1(d)(i) or 1(e)(i) ”;

• (ii) for “1999” substitute “ 2017 ”;

• (b) after paragraph (2) insert—

(2A) A fee is payable to the appropriate authority (within the relevant meaning given in the 2017 Regulations) on each application for registration or for a consent to carry out specified practices for the purposes of the 2017 Regulations.

• (c) in paragraph (3), for “paragraph (1) or (2)” substitute “ paragraph (1), (2) or (2A) ”;

• (d) in paragraph (7), for “this regulation” substitute “ paragraph (1), (2) or (4) ”;

• (e) in paragraph (9), for “regulation 21(3)(e) of the 1999 Regulations” substitute “ regulation 22(3)(e) of the 2017 Regulations ”.

• (5) In Schedule 4, in relation to entry (a)—

• (a) for “The 1999 Regulations” substitute “ The 2017 Regulations ”;

• (b) for “SI 1999/3232” substitute “ SI 2017/1075 ”.

• (6) In the heading of Schedule 6, for “1999” substitute “ 2017 ”.

• (7) In Schedule 6, in column 1 of Table 1—

• (a) for “regulation 35 of the 1999 Regulations”, in both places in which it occurs, substitute “ regulation 36 of the 2017 Regulations ”;

• (b) in the entry for “Original type approval of apparatus”—

• (i) for “paragraph 1(c)(i) or 1(d)(i) of Schedule 1 to the 1999 Regulations” substitute “ paragraph 1(d)(i) or 1(e)(i) of Schedule 1 to the 2017 Regulations ”;

• (ii) for “regulation 6” substitute “ regulation 5 ”;

• (c) in the entry for “Amendment of an original approval of dosimetry services”, in addition to the amendment made by sub-paragraph (a) above, for “paragraph 1(c)(i) or 1(d)(i)” substitute “ paragraph 1(d)(i) or 1(e)(i) ”;

• (d) after the entry referred in sub-paragraph (c) above, insert—

Application for registration or for consent to carry out a specified practice pursuant to regulations 6 and 7 of the 2017 Regulations

• (8) In Schedule 6, in column 2 of Table 1, in relation to the entry inserted by paragraph (7)(d), insert “ £25 ”.

• (9) In Schedule 6, in column 1 of Table 2, for “regulation 35 of the 1999 Regulations”, in both places in which it occurs, substitute “ regulation 36 of the 2017 Regulations ”.

• (10) In Schedule 6, in column 3 of Table 3, for “regulation 21(3)(e) of the 1999 Regulations” substitute “ regulation 22(3)(e) of the 2017 Regulations ”.

The Environmental Permitting (England and Wales) Regulations 2016

17

In Part 5 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016 , omit paragraph 7.

Signed

Sarah Newton — Minister of State — 2017-11-27

Explanatory note

(This note is not part of the Regulations)

Part 1 (Preliminary—Regulations 1–4)The Regulations define the terms used in and the scope of application of the Regulations. For the purposes of the Regulations, an employer includes a self-employed person and an employee includes a self-employed person and a trainee.

Part 2 (General principles and procedures—Regulations 5–13)Regulation 5 requires certain work with ionising radiation to be notified to the appropriate authority (either the Health and Safety Executive (“the Executive”) or, where the work relates to particular nuclear-related sites, the Office for Nuclear Regulation (“the ONR”)). The work which requires notification is a residual category of work; amongst other exclusions, work which arises from practices which require registration under regulation 6 or require a consent under regulation 7 do not require notification.

Part 3 (Arrangements for the management of radiation protection—Regulations 14–16)The Regulations require that employers consult radiation protection advisers in respect of matters specified in Schedule 4 and that employers ensure that adequate information, instruction and training is given to employees and other persons. Employers are required to co-operate by exchanging information to enable compliance by others with requirements to limit the exposure of employees to ionising radiation.

Part 4 (Designated areas—Regulations 17–20)The Regulations—aprovide that areas in which persons need to follow special procedures to restrict exposure or in which persons are likely to receive more than specified doses of ionising radiation be designated as controlled or supervised areas;brestrict entry into controlled areas to specified persons and circumstances;crequire radiation employers to set out appropriate local rules for controlled or supervised areas and to appoint radiation protection supervisors for the purpose of securing compliance with the Regulations;dimpose specified duties upon employers in relation to outside workers;erequire radiation levels to be monitored in controlled or supervised areas and provide for the maintenance and testing of monitoring equipment.

Part 5 (Classification and monitoring of persons—Regulations 21–27)The Regulations require that employees who are likely to receive more than specified doses of ionising radiation be designated as classified persons, that doses received by classified persons be assessed by one or more dosimetry services approved by the Executive and that records of such doses are made and kept for each such person.

Part 6 (Arrangements for the control of radioactive substances, articles and equipment—Regulations 28–34)The Regulations—arequire that where a radioactive substance is to be used as a source of ionising radiation, it should, whenever reasonably practicable, be in the form of a sealed source and that any articles embodying or containing radioactive substances are suitably designed, constructed, maintained and tested;bcover the accounting for, keeping and moving of radioactive substances and require that incidents in which more than specified quantities of radioactive substances escape or are lost or stolen be notified to the appropriate authority;cimpose duties on manufacturers etc. and installers of articles for use in work with ionising radiation to ensure that such articles are designed, constructed and installed so as to restrict, so far as is reasonably practicable, exposure to ionising radiation;dimpose similar duties upon employers in relation to equipment used for medical exposures together with additional duties in relation to the testing and safe operation of such equipment;erequire employers to investigate any defect in medical equipment which may have resulted in a person receiving a dose of ionising radiation much greater than was intended and to notify the appropriate authority of such incidents;fprohibit interference with sources of ionising radiation.

Part 7 (Duties of employees and miscellaneous—Regulations 35–43)The Regulations impose duties upon employees engaged in carrying out work with ionising radiation. The Regulations also—aprovide for the approval of dosimetry services by the Executive;bprovide for a defence on contravention of certain regulations;cprovide for exemptions to be granted by the appropriate authority;dextend the provision of the Regulations outside Great Britain;econtain transitional provisions; andfintroduce modifications relating to the Ministry of Defence and visiting forces.

Footnotes

The following particulars must be contained in a health record made for the purposes of regulation 25(2)(b)—

• (a) the employee's—

• (i) full name;

• (ii) sex;

• (iii) date of birth;

• (iv) permanent address; and

• (v) National Insurance number;

• (b) the date of the employee's commencement as a classified person in present employment;

• (c) the nature of the employee's employment;

• (d) the date and type of the last medical examination or health review carried out in respect of the employee;

• (e) a statement by the relevant doctor made as a result of the last medical examination or health review carried out in respect of the employee classifying the employee as fit, fit subject to conditions (which should be specified) or unfit;

• (f) in relation to each medical examination and health review, the name and signature of the relevant doctor;

• (g) the name and address of the approved dosimetry service with whom arrangements have been made for maintaining the dose record in accordance with regulation 22.

Editorial notes