26 Registrations, authorisations and notices: appeals from decisions of chief inspector.
(1) Where the chief inspector—
(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) under subsection (1) in relation to authorisations which are subject to section 16(3);
(b) under subsection (1) or (2) in respect of any decision taken by the chief inspector 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 England, Wales or 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.
(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.
(1) The Secretary of State may refer any matter involved in an appeal under section 26 to a person appointed by him for the purpose.
(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 chief inspector 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 chief inspector 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 chief inspector 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).
(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.
28 Representations in relation to authorisations and notices where appropriate Minister is concerned.
(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
(c) vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, 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.
29 Provision of facilities for disposal or accumulation of radioactive waste.
(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, may 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.
30 Power of Secretary of State to dispose of radioactive waste.
(1) If there is radioactive waste on any premises, and the Secretary of State 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 the Secretary of State exercises his powers under this section,
the Secretary of State shall have power to dispose of that radioactive waste as the Secretary of State 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 the Secretary of State 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 Secretary of State 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 and the provisions of section 336 of the Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to the Secretary of State for references to a local authority.
(1) The appropriate Agency shall be prepared or have made provision, including assignment of responsibilities, to control and recover any orphan source and shall have drawn up appropriate response plans and measures.
(2) The appropriate Agency shall have the power to recover any expenses reasonably incurred by it (or by a person on its behalf) in the recovery and disposal of an orphan source from the holder of that source or from the occupier or owner of the premises where the source is located.
(3) For the purposes of paragraph (2), “holder” means the person who is or is required to be registered or authorised under this Act in relation to that orphan source.
(4) If the relevant person thinks fit, the relevant person may make available to the appropriate Agency a sum or sums of money in respect of costs and expenses incurred or to be incurred by the appropriate Agency (or by a person on its behalf) in relation to the recovery and disposal of orphan sources where—
(a) the amount of such costs and expenses exceeds or is expected to exceed any reasonable provision for such costs and expenses made by the appropriate Agency, and
(b) the making available of such sum or sums is necessary to enable the recovery and disposal of any orphan source.
(5) In subsection (4), “relevant person” means—
(a) in relation to England, the Secretary of State,
(b) in relation to Wales, the National Assembly for Wales,
(c) in relation to Scotland, the Scottish Ministers, and
(d) in relation to Northern Ireland, the Department of the Environment.
(6) In the application of this section to Northern Ireland a reference to the appropriate Agency must be taken to be a reference to the chief inspector.
(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 are prohibited places within the meaning of Part 1 of the National Security Act 2023).
(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
(c) where entry is required in a case of emergency.
(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.
32 Offences relating to registration or authorisation.
(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.
(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.
(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
(c) in connection with the execution of this Act, 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.
34A Offences of making false or misleading statements or false entries.
(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.
(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.
(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.
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.
(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
(c) by or with the consent of the Director of Public Prosecutions.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The chief inspector shall keep copies of—
(a) all applications made to him under any provision of this Act,
(b) all documents issued by him under any provision of this Act,
(c) all other documents sent by him to any local authority in pursuance of directions of the Secretary of State, and
(d) such records of convictions under section 32, 33, 34 or 35 as may be prescribed in regulations;
and he 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 applications or certificates 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 chief inspector or, as the case may be, the appropriate Minister and the chief inspector, 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.
40 Radioactivity to be disregarded for purposes of certain statutory provisions.
(1) For the purposes of the operation of any statutory provision to which this section applies, and for the purposes of the exercise or performance of any power or duty conferred or imposed by, or for the enforcement of, any such statutory provision, no account shall be taken of any radioactivity possessed by any substance or article or by any part of any premises.
(2) This section applies—
(a) to any statutory provision contained in, or for the time being having effect by virtue of, any of the enactments specified in Schedule 3, or any enactment for the time being in force whereby an enactment so specified is amended, extended or superseded, and
(b) to any statutory provision contained in, or for the time being having effect by virtue of, a local enactment whether passed or made before or after the passing of this Act (in whatever terms the provision is expressed) in so far as—
(i) the disposal or accumulation of waste or any description of waste, or of any substance which is a nuisance, or so as to be a nuisance, or of any substance which is, or so as to be, prejudicial to health, noxious, polluting or of any similar description, is prohibited or restricted by the statutory provision, or
(ii) a power or duty is conferred or imposed by the statutory provision on the Environmental Agency or SEPA or on any local authority, relevant water body or other public or local authority, or on any officer of a public or local authority, to take any action (whether by way of legal proceedings or otherwise) for preventing, restricting or abating such disposals or accumulations as are mentioned in sub-paragraph (i).
(3) In this section—
“statutory provision”—
in relation to Great Britain, means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act or Act of the Scottish Parliament, whether of a general or a special nature, and
in relation to Northern Ireland, has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954,
“local enactment” means—
a local or private Act (including a local or private Act of the Parliament of Northern Ireland or a local or private Measure of the Northern Ireland Assembly), or
an Act of the Scottish Parliament the Bill for which was a private Bill for the purposes of the standing orders of the Scottish Parliament,
an order confirmed by the Scottish Parliament, Parliament (or by the Parliament of Northern Ireland or the Northern Ireland Assembly) or brought into operation in accordance with special parliamentary procedure,
and any reference to disposal, in relation to a statutory provision, is a reference to discharging or depositing a substance or allowing a substance to escape or to enter a stream or other place, as may be mentioned in that provision.
(4) The references to provisions of the Water Resources Act 1991 in Part I of Schedule 3 shall have effect subject to the power c onferred by section 98 of that Act.
(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.
(1) Subject to the following provisions of this section, the provisions of this Act shall bind the Crown.
(2) Subsection (1) does not apply in relation to premises—
(a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
(b) occupied by or for the purposes of a visiting force.
(3) No contravention by the Crown of any provision of this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(4) Notwithstanding anything in subsection (3), the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.
(5) If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by section 31 should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.
(6) Where, in the case of any such premises as are mentioned in subsection (2)—
(a) arrangements are made whereby radioactive waste is not to be disposed of from those premises except with the approval of the chief inspector, and
(b) in pursuance of those arrangements the chief inspector proposes to approve, or approves, the removal of radioactive waste from those premises to a place provided by a local authority as a place for the deposit of refuse,
the provisions of section 18 shall apply as if the proposal to approve the removal of the waste were an application for an authorisation under section 13 to remove it, or (as the case may be) the approval were such an authorisation.
(7) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
(8) In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.
(9) In the application of this section to Northern Ireland—
(a) references to the Crown shall include references to the Crown in right of Her Majesty’s Government in Northern Ireland, and
(b) the reference in subsection (5) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.
(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.
(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.
(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.
Subject to the provisions of section 40 of this Act, and of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Act shall be construed as—
(a) conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Act, or
(b) affecting any restriction imposed by or under
(i) any other enactment, whether contained in a public general Act or in a local or private Act, or
(ii) any Act of the Scottish Parliament, or
(c) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.
(1) In this Act, except in so far as the context otherwise requires—
“the appropriate Agency” means—
in relation to England and Wales, the Environment Agency; and
in relation to Scotland, SEPA;
“the appropriate Minister” means, in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
“high-activity sealed source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;
“article” includes a part of an article,
“the Basic Safety Standards Directive” means Council Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from the exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom;
“the chief inspector” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to Northern Ireland, the chief inspector for Northern Ireland appointed under section 4(7),
“disposal”, in relation to waste, includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “dispose of” shall be construed accordingly,
“the HASS Directive” means Council Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan sources;
“high-activity source” has the same meaning as it has in the HASS Directive but excluding any such source once its activity level has fallen below the exemption levels specified in column 2 of Table A to Annex I to Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation,
“local authority” (except where the reference is to a public or local authority) means—
in England ..., the council of a county, district or London borough or the Common Council of the City of London or an authority established by the Waste Regulation and Disposal (Authorities) Order 1985,
in Wales, the council of a county or county borough;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and
in Northern Ireland, a district council,
“m”, where it appears after a radionuclide, means a radionuclide in a metastable state of radioactive decay in which gamma photons are emitted;
“NORM industrial activity” means the industrial activities involving radionuclides of natural terrestrial or cosmic origin, which activities are listed in Table 1, but not including any such activity where radionuclides of natural terrestrial or cosmic origin are processed for their radioactive, fissile or fertile properties;
“nuclear site” means—
any site in respect of which a nuclear site licence is for the time being in force, or
any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,
“nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965,
“orphan source” has the same meaning as it has in the HASS Directive, “orphan source” has the same meaning as in the Basic Safety Standards Directive;
“premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water,
“prescribed”—
in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section;
in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; and
in other contexts, means prescribed by regulations under this Act.
“the prescribed period for determinations”, in relation to any application under this Act, means, subject to subsection (2), the period of four months beginning with the day on which the application was received,
“public or local authority”, in relation to England and Wales, includes a water undertaker or a sewerage undertaker,
“relevant liquid” means a liquid which—
is non-aqueous; or
is classified (or would be so classified in the absence of its radioactivity) under Council Regulation No. 1272/2008 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—
acute toxicity: categories 1, 2 or 3;
skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C; or
hazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;
“relevant water body” means—
in England and Wales, ..., a water undertaker, a sewerage undertaker or an inshore fisheries and conservation authority ...,
in Scotland, ..., a district salmon fishery board established under section 14 of the Salmon Act 1986 or Scottish Water, and
in 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, and
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body, and
“waste” includes any substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and also includes any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt.
(1A) Any reference to “the HASS Directive” in this Act shall be deemed to be a reference to the Basic Safety Standards Directive.
(1B) Any reference to “high-activity source” in this Act shall be deemed to be a reference to “high-activity sealed source”.
(2) The Secretary of State may by order substitute for the period for the time being specified in subsection (1) as the prescribed period for determinations such other period as he considers appropriate.
(3) In determining, for the purposes of this Act, whether any radioactive material is kept or used on any premises, no account shall be taken of any radioactive material kept or used in or on any railway vehicle, road vehicle, vessel or aircraft if either—
(a) the vehicle, vessel or aircraft is on those premises in the course of a journey, or
(b) in the case of a vessel which is on those premises otherwise than in the course of a journey, the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.
(4) Any substance or article which, in the course of the carrying on of any undertaking, is discharged, discarded or otherwise dealt with as if it were waste shall, for the purposes of this Act, be presumed to be waste unless the contrary is proved.
(5) Any reference in this Act to the contamination of a substance or article is a reference to its being so affected by either or both of the following, that is to say,—
(a) absorption, admixture or adhesion of radioactive material or radioactive waste, and
(b) the emission of neutrons or ionising radiations,
as to become radioactive or to possess increased radioactivity.
(5A) A reference in this Act to the keeping or use of radioactive material means, in relation to a high-activity source, any practice in relation to that source except the disposal or accumulation of the source: and “practice” must be construed in accordance with Council Directive 96/29/EURATOM Council Directive 2013/59/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.
(5B) Where any radionuclide carries the suffix “+” or “sec” in this Act—
(a) that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 4 in Schedule 1A adjacent to the description of that parent radionuclide; and
(b) a concentration value given in a table in Schedule 1A in relation to such a parent radionuclide refers to the value for the parent radionuclide alone, but already takes into account the daughter radionuclides present.
(5C) Where any reference is made to a substance or article possessing a concentration of radioactivity which exceeds the value shown in a particular column of a table in Schedule 1A, that value is exceeded if—
(a) where only one radionuclide which is included in that table is present in the substance or article, the concentration of that radionuclide exceeds the concentration specified in the appropriate entry in the appropriate column of that table; or
(b) where more than one such radionuclide is present, the sum of the quotient values of all such radionuclides in the substance or article, as determined by the summation rule following that table as it applies to that column, is greater than one.
(6) In the application of this section to Northern Ireland, the reference in subsection (2) to the Secretary of State shall have effect as a reference to the Department of Agriculture, Environment and Rural Affairs.
49 Consequential amendments and transitional and transitory provisions.
(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.
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.
(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 2 Exercise of rights of entry and inspection
Section 31.
1 A person entering upon any premises in the exercise of any power conferred by this Act shall, if so required, produce written evidence of his authority before entering.
2 Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person for the purpose of exercising a power conferred by this Act in respect of the premises, the justice, subject to paragraph 3, may by warrant under his hand authorise that person to enter upon the premises.
3 A justice of the peace shall not grant a warrant under paragraph 2 unless he is satisfied—
(a) that admission to the premises for the purpose of exercising the power in question was sought—
(i) in the case of premises to which section 31(1) applies, after not less than twenty-four hours’ notice of the intended entry had been given to the occupier, or
(ii) in the case of any other premises, after not less than seven days’ notice of the intended entry had been so given, or
(b) that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier, or
(c) that the premises are unoccupied, or
(d) that an application for admission would defeat the object of the entry.
4 Every warrant granted under this Schedule shall remain in force until the purpose for which the entry is required has been satisfied.
5 Any person who, in the exercise of a power conferred by this Act, enters any premises which are unoccupied, or of which the occupier is temporarily absent, shall leave the premises as effectually secured against unauthorised entry as he found them.
6 Before a person carries out any test on any premises, in the exercise of any power conferred by this Act, he shall consult with such persons having duties on the premises as may appear to him to be appropriate in order to secure that the carrying out of the test does not create any danger.
7 Any power of entry conferred by this Act shall, if exercised under the authority of a warrant granted under this Schedule or in a case of emergency, but not in any other case, include power to enter, if need be, by force.
8 Any power of entry, or of carrying out tests or inspections, or of obtaining or taking away samples, conferred on any person by this Act may be exercised by him either alone or together with any other persons.
9 In this Schedule any reference to a case of emergency shall be construed in accordance with section 31(11).
10 This Schedule shall have effect in relation to Scotland with the substitution for any reference to a justice of the peace of a reference to the sheriff.
Section 49(1).
The Continental Shelf Act 1964 (c. 29)
1 In section 7 of the Continental Shelf Act 1964, for “Radioactive Substances Act 1960” there is substituted “Radioactive Substances Act 1993”.
The Nuclear Installations Act 1965 (c. 57)
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Control of Pollution Act 1974 (c. 40)
3 In section 56(6) of the Control of Pollution Act 1974, for “Radioactive Substances Act 1960” (in both places) there is substituted “Radioactive Substances Act 1993”.
The Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19))
4 In article 36(4) of the Pollution Control and Local Government (Northern Ireland) Order 1978—
(a) for “Radioactive Substances Act 1960” there is substituted “Radioactive Substances Act 1993”, and
(b) in paragraph (b) for “1960” there is substituted “1993”.
The Atomic Energy (Miscellaneous Provisions) Act 1981 (c. 48)
5 In section 4(1) of the Atomic Energy (Miscellaneous Provisions) Act 1981, in the definition of “radioactive substance”, for “has the same meaning as in section 12 of the Radioactive Substances Act 1948” there is substituted “ means any substance which consists of or contains any radioactive chemical element, whether natural or artificial ”.
The Environmental Protection Act 1990 (c. 43)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 78 of that Act, for “Radioactive Substances Act 1960” (in both places) there is substituted “ Radioactive Substances Act 1993 ”.
8 In section 142(7) of that Act, for “the Radioactive Substances Act 1960” there is substituted “ the Radioactive Substances Act 1993 ”.
9 In section 156 of that Act, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.
The Atomic Weapons Establishment Act 1991 (c. 46)
10 After paragraph 10 of the Schedule to the Atomic Weapons Establishment Act 1991 there is inserted—
Radioactive Substances Act 1993
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 49(2).
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.
Section 50.
Part I Acts of the Parliament of the United Kingdom
Chapter | Short title | Extent of repeal
11 & 12 Geo. 6 c. 37. | The Radioactive Substances Act 1948. | The whole Act so far as unrepealed.
8 & 9 Eliz. 2 c. 34. | The Radioactive Substances Act 1960. | The whole Act.
1968 c. 47. | The Sewerage (Scotland) Act 1968. | In Schedule 1, paragraph 4.
1973 c. 65. | The Local Government (Scotland) Act 1973. | In Schedule 27, in Part II, paragraph 144.
1979 c. 2. | The Customs and Excise Management Act 1979. | In Schedule 4, in Part I of the Table following paragraph 12, the entry relating to the Radioactive Substances Act 1948.
1980 c. 45. | The Water (Scotland) Act 1980. | In Schedule 10, in Part II, the entry relating to the Radioactive Substances Act 1960.
1984 c. 55. | The Building Act 1984. | In Schedule 6, paragraph 7.
1986 c. 63. | The Housing and Planning Act 1986. | In Part II of Schedule 7, paragraph 1.
1989 c. 15. | The Water Act 1989. | In Schedule 25, paragraph 27.
1990 c. 11. | The Planning (Conse- quential Provisions) Act 1990. | In Schedule 2, paragraph 7. In Schedule 4, paragraph 17 and the entry relating to it in the Table in paragraph 1(1).
1990 c. 43. | The Environmental Protection Act 1990. | Sections 100 to 105.Schedule 5.In Schedule 15, paragraph 8.
1991 c. 46. | The Atomic Weapons Establishment Act 1991. | In the Schedule, paragraph 5.
1991 c. 60. | The Water Consolidation (Consequential Provisions) Act 1991. | In Schedule 1, paragraph 9.
Note: Except as provided in Part II of this Schedule, the repeal of the Radioactive Substances Act 1948 does not extend to Northern Ireland.
Part II Repeals in Radioactive Substances Act 1948 extending to Northern Ireland
Chapter | Short title | Extent of repeal
11 & 12 Geo. 6 c. 37. | The Radioactive Substances Act 1948. | Section 2.Section 5(1)(b).In section 7, in subsection (1), the words “except section two” and in subsection (2)(b), the words “(except section two)”.Section 8(7).In section 9(1), the words “or orders”.In section 10, the words “or order” in both places.In section 11, the words from the beginning to “under this Act and”.In section 12, the definitions of “registered dental practitioner”, “registered pharmacist” and “sale by way of wholesale dealing”.Section 14(2)(f).
Note: These repeals extend to Northern Ireland only.
Part III Northern Ireland legislation
Chapter or number | Short title | Extent of repeal
1966 c. 17 (N.I.). | The Fisheries Act (Northern Ireland) 1966. | In Schedule 7, the amendments of the Radioactive Substances Act 1960.
1972 c. 5 (N.I.). | The Water Act (Northern Ireland) 1972. | Section 31(1).
S.I. 1973/70 (N.I. 2). | The Water and Sewerage Services (Northern Ireland) Order 1973. | In Schedule 3, paragraph 1.
S.I. 1978/1049 (N.I. 19). | The Pollution Control and Local Government (Northern Ireland) Order 1978. | In Schedule 4, paragraph 5.
Part IV Subordinate legislation
Number | Title | Extent of revocation
S.I. 1974/1821 | The Radioactive Substances Act 1948 (Modification) Regulations 1974. | The whole instrument.
S.I. 1980/170 | The Control of Pollution (Special Waste) Regulations 1980 | Regulation 3(2).
S.R. (N.I.) 1981/252. | The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981. | Regulation 4(2).
S.I. 1985/1884. | The Waste Regulation and Disposal (Authorities) Order 1985. | In Schedule 2, paragraph 2.
S.I. 1991/2539. | The Control of Pollution (Radioactive Waste) (Scotland) Regulations 1991. | Regulation 4.