The Justification of Practices Involving Ionising Radiation Regulations 2004

Regulation 23

SCHEDULE 1 Enforcement Powers

1.  The powers exercisable under regulation 23 are the powers in paragraphs (a) to (l) of subsection (4) of section 108 of the Environment Act 1995(1) subject to subsections (5) to (8), (10) to (13) and (15) of that section, as modified by paragraph 2 of this Schedule.

2.  For the purposes of paragraph 1, section 108 shall apply as if –

(1) in paragraph (b)(i) of subsection (4), reference to “enforcing authority” were to “Justifying Authority”;

(2) in paragraphs (b)(i), (j) and (l) of subsection (4), paragraph (a) of subsection (6) and subsections (7), (10), (11) and in the definition of “emergency” in subsection (15), reference to “an authorised person” or “the authorised person” were to “the Justifying Authority”;

(3) in paragraph (g) of subsection (4), reference to “caused or to be likely to cause pollution of the environment or harm to human health” were to “been used or likely to be used in a practice resulting in exposure to ionising radiation”;

(4) in paragraph (h)(iii) of subsection (4), reference to “the pollution control enactments in the case of the enforcing authority under whose authorisation he acts or in any other proceedings relating to a variation notice, enforcement notice or prohibition notice under those enactments” were to “regulation 24 of the Justification of Practices Involving Ionising Radiation Regulations 2004”;

(5) in paragraph (k) of subsection (4), sub-paragraph (i) were omitted;

(6) in subsection (5), the words “for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control enactments in the case of that authority is being, or has been, complied with” were deleted;

(7) in subsection (5), the reference to “subsections (1) and (4)” were a reference to “subsection (4)”;

(8) in subsection (8), the reference to “subsections (1) to (4)” were a reference to “subsection 4”;

(9) in subsection (15), all definitions were omitted except for the definitions of “emergency”, “mobile plant” and “premises”; and

(10) the section extended to Northern Ireland.

3.  Schedule 18 to the Environment Act 1995 shall have effect with respect to the powers of entry and related powers which are conferred by regulation 23 and this Schedule but as if –

(1) in paragraph 1(1), the words “an authorised person, within the meaning of section 108 of this Act and includes” were omitted;

(2) in paragraphs 2(1) and 6(1) and (3), references to an or the “enforcing authority” were to “the Justifying Authority”; and

(3) the Schedule extended to Northern Ireland.

Regulation 25(1)

SCHEDULE 2 Offences by bodies corporate etc. in England and Wales

1.  In this Schedule, “offence” means an offence under these Regulations.

2.  If an offence committed by a body corporate is shown—

(1) to have been committed with the consent or connivance of an officer, or

(2) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

3.  If the affairs of a body corporate are managed by its members, paragraph 2 applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

4.  In paragraph 2, “officer”, in relation to a body corporate, means—

(1) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, or

(2) an individual who is a controller of the body.

5.  If an offence committed by a partnership is shown—

(1) to have been committed with the consent or connivance of a partner, or

(2) to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

6.  In paragraph 5 “partner” includes a person purporting to act as a partner.

7.  If an offence committed by an unincorporated association (other than a partnership) is shown—

(1) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(2) to be attributable to any neglect on the part of such an officer or member,

that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

8.  A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

9.  Proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

10.  Rules of court relating to the service of documents are to have effect as if the association were a body corporate.

11.  In proceedings for an offence brought against an unincorporated association, section 33 of the Criminal Justice Act 1925(2) and Schedule 3 to the Magistrates' Courts Act 1980(3) (procedure) apply as they do in relation to a body corporate.

Regulation 25(2)

SCHEDULE 3 Offences by bodies corporate etc. in Scotland

1.  Where an offence under these Regulations which has been committed by a body corporate other than a local authority is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(1) a director, manager, secretary, member or other similar officer of the body corporate, or

(2) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

2.  Where an offence under this Act which has been committed by a local authority is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(1) an officer or member of the authority, or

(2) any person who was purporting to act in any such capacity,

that person, as well as the authority, is guilty of the offence and liable to be proceeded against and punished accordingly.

3.  Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(1) a partner, or

(2) any person who was purporting to act in that capacity,

that person, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

4.  Where an offence under this Act which has been committed by an unincorporated association other than a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(1) a person who is concerned in the management or control of the association, or

(2) any person who was purporting to act in that capacity,

that person, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

Regulation 25(3)

SCHEDULE 4 Offences by bodies corporate etc. in Northern Ireland

1.  For the purposes of this Schedule, section 20(2) of the Interpretation Act (Northern Ireland) 1954(4) applies with the omission of the words “the liability of whose members is limited”.

2.  Where the affairs of a body corporate are managed by its members, paragraph 1 shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

3.  Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

(1)

1995 c. 25, to which there are amendments not relevant to these Regulations.

(2)

1925 c. 86; subsections (1) and (2) of section 33 were repealed by the Magistrates' Courts Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, part II, paragraph 19; subsection (4) was amended by the Courts Act 2003 (c. 39) section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10, and by the Magistrates Courts Act 1980 (c. 43) section 154 and Schedule 7, paragraph 5; subsection (5) was repealed by the Magistrates' Court Act 1952, section 132, Schedule 6.

(3)

1980 c. 43; sub-paragraph 2(a) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13, and was repealed by the Criminal Justice Act 2003 (c. 44), sections 41 and 332, Schedule 3, part 2, paragraph 51, sub-paragraphs (1), (13)(a), and Schedule 37, part 4 (with effect from a date to be appointed); paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13; paragraph 6 was amended by the Criminal Justice Act 2003, section 41, Schedule 3, part 2, paragraph 51, sub-paragraphs (1) and (13)(b) (with effect from a date to be appointed).

(4)

1954 c. 33 (N.I.), to which there are amendments not relevant to these Regulations.