Radioactive Substances Act 1993

17 Revocation and variation of authorisations. E+W+S

[F1 (1) The [F2 appropriate Agency] may at any time revoke an authorisation granted under section 13 or 14.

(2) The [F2 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.

[F3 (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 F4 ..., the appropriate Agency—

(a) shall consult the [F5 Food Standards Agency] and the [F6 Office for Nuclear Regulation] 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 [F7 Food Standards Agency] concerning the terms of any variation, for which purpose that Agency shall, before varying the authorisation, send [F7 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 [F2 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.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 S. 17 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(p), Sch. 28 (with reg. 1(2), Sch. 4)

F2 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

F3 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.

F4 Words in s. 17(2A) omitted (S.) (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 68(a); S.I. 2014/251, art. 4

F5 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

F6 Words in s. 17(2A)(a) substituted (S.) (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 68(b); S.I. 2014/251, art. 4

F7 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

F8 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

F9 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

Modifications etc. (not altering text)

C1 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

17 Revocation and variation of authorisations. N.I.

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

(2) The chief inspector 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.

[F3 (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.]

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

(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) In relation to an authorisation granted by the chief inspector and the appropriate Minister, references in subsections (1) and (2) to the chief inspector shall have effect as references to the chief inspector and that Minister.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F3 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.