Radioactive Substances Act 1993

7 Registration of users of radioactive material. E+W+S

(1) Any application for registration under this section shall be made to the [F1 appropriate Agency] and shall—

(a) specify the particulars mentioned in subsection (2),

(b) contain such other information as may be prescribed, and

(c) be accompanied by the [F2 charge prescribed for the porpose by a charging scheme under section 41 of the Envirionment Act 1995].

(2) The particulars referred to in subsection (1)(a) are—

(a) the premises to which the application relates,

(b) the undertaking for the purposes of which those premises are used,

(c) the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

(d) the manner (if any) in which radioactive material is proposed to be used on the premises.

(3) On any application being made under this section, the [F1 appropriate Agency] shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

(4) Subject to the following provisions of this section, where an application is made to the [F1 appropriate Agency] for registration under this section in respect of any premises, the [F1 appropriate Agency] may either—

(a) register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

(b) if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c) refuse the application.

(5) An application for registration under this section which is duly made to the [F1 appropriate Agency] may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(6) Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the [F1 appropriate Agency] thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

(a) conditions imposing requirements (including, if the [F1 appropriate Agency] thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

(b) conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the [F1 appropriate Agency] with information as to the removal of radioactive material from those premises to any other premises, and

(c) conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

(i) indicating that it is radioactive material, or

(ii) if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

(7) In the exercise of any power conferred on [F3 it] by subsection (4) or (6), the [F1 appropriate Agency], except in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6), shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

(8) On registering a person under this section in respect of any premises, the [F1 appropriate Agency] —

(a) shall furnish him with a certificate containing all material particulars of the registration, and

(b) subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.

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 Words in s. 7 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 7(1)(c) substituted (E.W.S.) (1.4.1996) by 1995 c.25, s. 120(1), Sch. 22 para. 202(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3 Words in s. 7(7) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 202(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

7 Registration of users of radioactive material. N.I.

(1) Any application for registration under this section shall be made to the chief inspector and shall—

(a) specify the particulars mentioned in subsection (2),

(b) contain such other information as may be prescribed, and

(c) be accompanied by the prescribed fee.

(2) The particulars referred to in subsection (1)(a) are—

(a) the premises to which the application relates,

(b) the undertaking for the purposes of which those premises are used,

(c) the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

(d) the manner (if any) in which radioactive material is proposed to be used on the premises.

(3) On any application being made under this section, the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

(4) Subject to the following provisions of this section, where an application is made to the chief inspector for registration under this section in respect of any premises, the chief inspector may either—

(a) register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

(b) if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c) refuse the application.

(5) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(6) Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the chief inspector thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

(a) conditions imposing requirements (including, if the chief inspector thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

(b) conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the chief inspector with information as to the removal of radioactive material from those premises to any other premises, and

(c) conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

(i) indicating that it is radioactive material, or

(ii) if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

(7) In the exercise of any power conferred on him by subsection (4) or (6), the chief inspector, except in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6), shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

(8) On registering a person under this section in respect of any premises, the chief inspector—

(a) shall furnish him with a certificate containing all material particulars of the registration, and

(b) subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.

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.