The Radiation (Emergency Preparedness and Public Information) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and supersede the Radiation (Emergency Preparedness and Public Information) Regulations 2001.

The Regulations impose duties on operators of premises in which work with ionising radiation takes place to identify the hazards arising from the work with such radiation which have the potential to cause a radiation emergency. Where such hazards exist, the operator is under a duty to assess the consequences of the radiation emergency, and liaise with the local authority. Both the local authority and the operator must engage in planning against the radiation emergency occurring, test such plans at regular intervals and provide information to the public.

The Regulations implement in part as respects Great Britain provisions of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ No L13, 17.1.2014, p 1).

Regulation 3 makes provision for the application of the Regulations. The Regulations apply to work with ionising radiation on premises on which there is a radioactive substance containing more than the quantity of any radionuclide set out in Schedule 1, or, in the case of fissile material, more than the mass of the fissile material, as set out in Schedule 2. Where a radionuclide is not specified in Schedule 1, the operator must assess whether the quantity present on the premises would allow an annual dose of greater than 1 mSv, and, if so, these Regulations also apply.

Regulation 4 provides that the operator must, before work is carried out for the first time at the premises, carry out an evaluation of the hazards arising from the work undertaken on the premises to determine whether they have the potential to cause a radiation emergency. Where they have that potential, regulation 4 require operators to undertake protective action.

Regulation 5 provides that, where an operator has identified the potential for a radiation emergency pursuant to its evaluation, the operator must make a further assessment in accordance with Schedule 3 to evaluate a full range of consequences of such a radiation emergency.

Regulation 6 provides that, where the operator proposes a change in its work with ionising radiation, or where a change occurs, the operator must undertake review of its evaluation in accordance with regulation 4 and either make a further assessment in accordance with regulation 5 or make a declaration that the change of circumstances which triggered the review would not affect the last evaluation.

Regulation 7 requires the operator to send a consequences report to the local authority, which includes a proposed detailed emergency planning zone, and must discuss those consequences with the local authority.

Regulation 8 provides that it is the responsibility of the local authority to determine the detailed emergency planning zone, either on the basis of the operator's proposal or, on the basis that the local authority's off-site emergency plan requires it, to extend the detailed emergency planning zone.

Regulation 9 provides for who will determine an outline planning zone in relation to certain sites.

Regulation 10 provides that the operator is responsible for preparing an emergency plan where the evaluation under regulation 4 shows that a radiation emergency may arise.

Regulation 11 provides that, where there is a detailed emergency planning zone, an outline planning zone, or both, the local authority must prepare an off-site emergency plan to mitigate the consequences of a radiation emergency outside the operator's premises.

Regulation 12 makes provision for the reviewing and testing of both the operator's on-site emergency plan and the local authority's off-site emergency plan.

Regulation 13 provides for cooperation between the operator and the local authority in fulfilling their duties to prepare emergency plans, and regulation 14 provides for cooperation between local authorities in the making and testing of off-site emergency plans. Regulation 15 provides for cooperation between operators and other employers on the same premises.

Regulation 16 provides that a local authority may charge the operator for performing its functions in relation to the preparation and testing of an off-site emergency plan.

Regulation 17 sets out when operators and local authorities should implement their emergency plans and who should be informed about that implementation. Regulation 17 also provides for a full assessment of the consequences of any radiation emergency which occurs and the effectiveness of the emergency plans after any implementation.

Regulation 18 provides that training and equipment should be provided to employees by their employer where there is the possibility of that employee receiving an emergency exposure of ionising radiation and makes further provision for employees where an emergency plan is put into place.

Regulation 19 disapplies regulation 12 of the Ionising Radiations Regulations 2017 to an emergency worker who is engaged in preventing or mitigating the consequences of a radiation emergency.

Regulation 20 provides that the operator's emergency plans and the local authority's off-site emergency plans must prioritise reducing doses below 100 mSv. When the response to a radiation emergency is underway, specific reference levels for the public may be determined by the local authority, who may seek advice from the person coordinating the off-site response to that emergency. In exceptional circumstances, the reference level for emergency workers may be set in excess of 100 mSv, but not exceeding 500 mSv.

Regulations 21 and 22 provide for information to be provided to the public in an area covered by a detailed emergency planning zone and in the event of an emergency respectively.

Regulation 23 provides for the retention of information by the operator and the local authority.

Regulation 24 contains provisions requiring employers to consult radiation protection advisors where the employer is engaged in work with ionising radiation for the purposes of the radiation protection advisor to advice on compliance with these Regulations.

Regulation 25 provides for specific modifications of the Regulations for the purposes of the Ministry of Defence, relating to national security.

Regulation 26 provides that, where a person is entitled to seek information under the Regulations, the Secretary of State may certify that the provision of that information would be contrary to the interests of national security.

Regulation 27 provides for the revocation of the Radiation (Emergency Preparedness and Public Information) Regulations 2001, subject to the transitional and savings provisions set out in regulation 28.

Regulation 29 and Schedule 10 provide for consequential amendments.

Regulation 30 provides that the Secretary of State must review the Regulations on a regular basis.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London.