Radioactive Substances Act 1960 (repealed 27.8.1993)

19 General interpretation provisions. U.K.

(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “the appointed day” means such day as Her Majesty may by Order in Council appoint:

• “article” includes a part of an article;

• “the Authority” means the United Kingdom Atomic Energy Authority; [F1 “the chief inspector” means the chief inspector appointed under subsection (2) of section 11A of this Act;]

• “disposal”, in relation to waste, includes the removal, deposit or destruction thereof, the discharge thereof, whether into water or into the air or into a sewer or drain or otherwise, or the burial thereof, whether underground or otherwise, and “dispose of” shall be construed accordingly;

• “local authority” (except where the reference is to a public or local authority) means the council of a county, . . . F2 borough or county district, or the Common Council of the City of London . . . F3

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

• “nuclear site licence”, “licensee” and “period of responsibility” have the same meanings as in the M1 Nuclear Installations (Licensing and Insurance) Act 1959;

• “premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water;

• “prescribed” means prescribed by regulations under this Act [F5 or, in relation to fees or charges payable in accordance with a scheme under section 15A of this Act, prescribed under that scheme]; [F6 “the prescribed period for determinations”, in relation to any applications under this Act, means, subject to subsection (1A) below, the period of four months beginning with the day on which the application was received;]

• [F7 “statutory water undertakers” means the National Rivers Authority, a water undertaker or a sewerage undertaker;]

• “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;

• “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.

[F8 (1A) The Secretary of State may by order substitute for the period for the time being specified in the last preceding subsection as the prescribed period for determinations such other period as he considers appropriate.]

(2) 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.

(3) 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.

(4) 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.

(5) Subject to the provisions of sections nine and seventeen of this Act, and of section thirty-three of the M2 Interpretation Act, 1889 (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 any other enactment, whether contained in a public general Act or in a local or private Act, or

(c) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

(6) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment.

Textual Amendments

F1 Definition inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 3

F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 Words added by S.I. 1966/1305 were repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F4 Definition of “Minister” repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. V

F5 Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 5

F6 Definition inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 11(4)(a)

F7 Definition substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 25 para. 27(3), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F8 S. 19(1A) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 11(4)(b)

Modifications etc. (not altering text)

C1 S.I. 1962/2604 fixes 1.12.1963 as the appointed day for the purposes of this Act

C2 S. 19(1): by S.I. 1985/1884, art. 5, Sch. 2 para. 2 it is provided that s. 19(1) shall have effect as if at the end of the definition of “local authority” the following words were added “or an Authority established by the Waste Regulation and Disposal (Authorities) Order 1985”

Marginal Citations

M1 1959 c. 46.

M2 1889 c. 63.