Radioactive Substances Act 1960 (repealed 27.8.1993)

9 Provisions as to functions of public and local authorities. U.K.

(1) For the purposes of the operation on or after the appointed day of any statutory provision to which this subsection applies, and for the purposes of the exercise or performance on or after that day 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) The preceding subsection applies—

(a) to any statutory provision contained in, or for the time being having effect by virtue of, any of the enactments specified in the First Schedule to this Act, or any enactment for the time being in force whereby an enactment so specified is amended, extended or superseded; and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 thereby prohibited or restricted, or

(ii) a power or duty is thereby conferred or imposed on [F1 any local authority, river board, local fisheries][F1 any local authorities, local fisheries] committee, [F2 statutory water undertakers] 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 the preceding subparagraph.

(3) If, in considering an application for an authorisation under section six of this Act, it appears to the [F3 chief inspector] (or, in a case where the power to grant the authorisation is exercisable by the [F3 chief inspector]and the Minister of Agriculture, Fisheries and Food, it appears to either [F4 the chief inspector or the Minister]) that the disposal of radioactive waste to which the application relates is likely to involve the need for special precautions to be taken by [F5 a local authority, river board, local fisheries][F5 a local authority, local fisheries] committee, [F2 statutory water undertakers]or other public or local authority, the [F3 chief inspector]or the Minister of Agriculture, Fisheries and Food, as the case may be, shall consult with that public or local authority before granting the authorisation.

(4) Where a public or local authority take any special precautions in respect of radioactive waste disposed of in accordance with an authorisation granted under section six of this Act, and those precautions are taken—

(a) in compliance with the conditions subject to which the authorisation was granted, or

(b) with the prior approval of the [F3 chief inspector](or, where the authorisation was granted by the [F3 chief inspector]and the Minister of Agriculture, Fisheries and Food, with the prior approval of either [F4 the chief inspector or the Minister]) as being precautions which in the circumstances ought to be taken by that public or local authority,

the public or local authority shall have power to make such charges, in respect of the taking of those precautions, as may be agreed between that authority and the person to whom the authorisation was granted, or as, in default of such agreement, may be determined by the [F3 chief inspector], and to recover the charges so agreed or determined from that person.

(5) Where an authorisation granted under section six of this Act requires or permits radioactive waste to be removed to a place provided by a local authority as a place for the deposit of refuse, it shall be the duty of that local authority to accept any radioactive waste removed to that place in accordance with the authorisation, and, if the authorisation contains any provision as to the manner in which the radioactive waste is to be dealt with after its removal to that place, to deal with it in the manner indicated in the authorisation.

(6) In this section “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature, “local enactment” means a local or private Act, or an order confirmed by Parliament 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.

Textual Amendments

F1 Words “any local authority, local fisheries” substituted (E.W.) for the words from “any local authority” to “local fisheries” 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(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F2 Words repealed for Northern Ireland by S.I. 1973/70 (N.I. 2), art. 60(2), Sch. 4

F3 Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 100(2)

F4 Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 2(1)

F5 Words “a local authority, local fisheries” substituted (E.W.) for the words from “a local authority” to “local fisheries” 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(2)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

C1 S. 9 certain functions of Minister of Agriculture transferred by S.I. 1978/272, art. 2

C2 S. 9 amended by S.I. 1990/2598, art. 2

C3 S. 9(1) extended by S.I. 1985/708, reg. 4(1)

C4 S. 9(1) extended by S.I. 1989/1158, reg. 3