Radioactive Substances Act 1993

c

the reference in subsection (3) to section 16 of the M2Environmental Protection Act 1990 shall have effect as a reference to section 10 of the M3Alkali, &c. Works Regulation Act 1906,

d

subsections (2) and (6) shall not apply;

and the Department of the Environment for Northern Ireland shall appoint one of the inspectors appointed by it under subsection (1) to be the chief inspector for Northern Ireland.

F25 Appointment of inspectors by Minister of Agriculture, Fisheries and Food.

1

For the purposes of the execution of this Act in relation to any premises in England which are situated on a nuclear site, the Minister of Agriculture, Fisheries and Food may appoint as inspectors such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient.

2

The Minister of Agriculture, Fisheries and Food may make to or in respect of any person appointed by him under this section such payments, by way of remuneration, allowances or otherwise, as he may, with the approval of the Treasury, determine.

3

This section shall have effect in relation to Northern Ireland as it has effect in relation to England, but with the substitution—

a

for references to the Minister of Agriculture, Fisheries and Food of references to the Department of Agriculture for Northern Ireland, and

b

for the reference to the Treasury of a reference to the Department of Finance and Personnel in Northern Ireland.

Registration relating to use of radioactive material and mobile radioactive apparatus

6 Prohibition of use of radioactive material without registration.

F194No person shall, on any premises which are used for the purposes of an undertaking carried on by him, keep or use, or cause or permit to be kept or used, radioactive material of any description, knowing or having reasonable grounds for believing it to be radioactive material, unless either—

a

~~he is registered under section 7 in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or~~

b

~~he is exempted from registration under that section in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or~~

c

~~the radioactive material in question consists of mobile radioactive apparatus in respect of which a person is registered under section 10 or is exempted from registration under that section.~~

~~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~~ ~~F5it~~ ~~by subsection (4) or (6), the~~ ~~F3appropriate Agency~~F136~~..., 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.~~

F1357A

~~Subsection (7) does not apply—~~

a

in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

b

~~in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).~~

8

~~On registering a person under this section in respect of any premises, the~~ ~~F3 appropriate Agency~~ —

F137a

~~shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, 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.~~

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 inspectorF136..., 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.

F1357A

Subsection (7) does not apply—

a

in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

b

in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).

8

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

F137a

shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, 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.

E48F157 Exemptions from registration under s. 7.F157Exemptions from requirement for environmental permit

1

F178At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.

2

~~F179Where, in the case of any such premises as are mentioned in subsection (1), it appears to the~~ ~~F6appropriate Agency~~ ~~that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the~~ ~~F6appropriate Agency~~ ~~would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the~~ ~~F6appropriate Agency~~ ~~may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the~~ ~~F6appropriate Agency~~ ~~correspond to those which~~ ~~F7it~~ ~~would so have imposed) as may be specified in the direction.~~

3

~~F180On giving a direction under subsection (2) in respect of any premises, the~~ ~~F6 appropriate Agency~~ ~~shall furnish the licensee with a copy of the direction.~~

4

Except as provided by subsection (5), in respect of all premises all persons are exempted from ~~F174registration under section 7~~F174the requirement for an environmental permit in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

5

Subsection (4) does not exempt from ~~F175registration under section 7~~F175the requirement for an environmental permit any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

6

The Secretary of State may by order grant further exemptions from ~~F176registration under section 7~~F176the requirement for an environmental permit, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

7

Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

8

F177In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

E38 Exemptions from registration under s. 7.

1

At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.

2

Where, in the case of any such premises as are mentioned in subsection (1), it appears to the chief inspector that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the chief inspector would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the chief inspector may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the chief inspector correspond to those which he would so have imposed) as may be specified in the direction.

3

On giving a direction under subsection (2) in respect of any premises, the chief inspector shall furnish the licensee with a copy of the direction.

4

Except as provided by subsection (5), in respect of all premises all persons are exempted from registration under section 7 in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

5

Subsection (4) does not exempt from registration under section 7 any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

6

The Secretary of State may by order grant further exemptions from registration under section 7, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

7

Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

8

In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

9 Prohibition of use of mobile radioactive apparatus without registration.

F1951

~~No person shall, for the purpose of any activities to which this section applies—~~

a

~~keep, use, lend or let on hire mobile radioactive apparatus of any description, or~~

b

~~cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire,~~

~~unless he is registered under section 10 in respect of that apparatus or is exempted from registration under that section in respect of mobile radioactive apparatus of that description.~~

2

~~This section applies to activities involving the use of the apparatus concerned for—~~

a

~~testing, measuring or otherwise investigating any of the characteristics of substances or articles,or~~

b

~~releasing quantities of radioactive material into the environment or introducing such material into organisms.~~

E610 Registration of mobile radioactive apparatus.

1

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

a

shall specify—

i

the apparatus to which the application relates, and

ii

the manner in which it is proposed to use the apparatus,

b

shall contain such other information as may be prescribed, and

c

shall be accompanied by the prescribed fee.

2

Where an application is made to the chief inspector for registration under this section in respect of any apparatus, the chief inspector may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the chief inspector thinks fit, or may refuse the application.

3

On any application being made the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

4

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.

5

On registering a person under this section in respect of any mobile radioactive apparatus, the chief inspector—

F138a

shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and

b

shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

E510 Registration of mobile radioactive apparatus.

F1581

~~Any application for registration under this section shall be made to the~~ ~~F8appropriate Agency~~ ~~and—~~

a

~~shall specify—~~

i

~~the apparatus to which the application relates, and~~

ii

~~the manner in which it is proposed to use the apparatus,~~

b

~~shall contain such other information as may be prescribed, and~~

c

~~shall be accompanied by the~~ ~~F9charge prescribed for the purpose by a charging scheme under section 41 of the Enviroment Act 1995~~.

2

~~Where an application is made to the~~ ~~F8appropriate Agency~~ ~~for registration under this section in respect of any apparatus, the~~ ~~F8appropriate Agency~~ ~~may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the~~ ~~F8appropriate Agency~~ ~~thinks fit, or may refuse the application.~~

3

~~On any application being made the~~ ~~F8appropriate Agency~~ ~~shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to~~ ~~F10the appropriate Agency~~ ~~the apparatus will be kept or will be used for releasing radioactive material into the environment.~~

4

~~An application for registration under this section which is duly made to the~~ ~~F8appropriate 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.~~

5

~~On registering a person under this section in respect of any mobile radioactive apparatus, the~~ ~~F8appropriate Agency~~—

F138a

~~shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and~~

b

~~shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to~~ ~~F10the appropriate Agency~~ ~~the apparatus will be kept or will be used for releasing radioactive material into the environment.~~

11F181Exemptions from registration under s. 10.F181Exemptions from requirement for environmental permit for mobile radioactive apparatus

1

The Secretary of State may by order grant exemptions from ~~F182registration under section 10~~F182the requirement for an environmental permit , by reference to such classes of persons, and such descriptions of mobile radioactive apparatus, as may be specified in the order.

2

Any exemption granted by an order under subsection (1) may be granted subject to such limitations or conditions as may be specified in the order.

3

~~F183In the application of this section to Northern Ireland, the reference to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.~~

E712 Cancellation and variation of registration.

F1591

~~Where any person is for the time being registered under section 7 or 10, the~~ ~~F11appropriate Agency~~ ~~may at any time cancel the registration, or may vary it—~~

a

~~where the registration has effect without limitations or conditions, by attaching limitations or conditions to it, or~~

b

where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the registration.

F1391A

~~The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.~~

2

~~On cancelling or varying a registration by virtue of this section, the~~ ~~F11appropriate Agency~~ ~~shall—~~

a

~~give notice of the cancellation or variation to the person to whom the registration relates, and~~

b

~~if a copy of the certificate was sent to a local authority in accordance with section 7(8) or 10(5), send a copy of the notice to that local authority.~~

E812 Cancellation and variation of registration.

~~subsection (1) shall apply (subject to section 15) as if the premises were used for the purposes of an undertaking carried on by the licensee.~~

C614 Accumulation of radioactive waste.

F1971

Subject to the provisions of this section and section 15, no person shall, except in accordance with an authorisation granted in that behalf under this section, accumulate any radioactive waste (with a view to its subsequent disposal) on any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so accumulated, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste.

2

Where the disposal of any radioactive waste has been authorised under section 13, and in accordance with that authorisation the waste is required or permitted to be accumulated with a view to its subsequent disposal, no further authorisation under this section shall be required to enable the waste to be accumulated in accordance with the authorisation granted under section 13.

3

~~Subsection (1) shall not apply to the accumulation of radioactive waste on any premises situated on a nuclear site.~~

4

For the purposes of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, keeping or use of that material is accumulated in a part of the premises appropriated for the purpose, and is retained there for a period of not less than three months, that substance shall, unless the contrary is proved, be presumed—

a

~~to be radioactive waste, and~~

b

~~to be accumulated on the premises with a view to the subsequent disposal of the substance.~~

15F184Further exemptions from ss. 13 and 14.F184Further exemptions from requirement for environmental permit

1

~~F185Sections 13(1) and (3) and 14(1)~~F185The requirement for an environmental permit shall not apply to the disposal or accumulation of any radioactive waste arising from clocks or watchesF102on or from any premises in the circumstances described in subsection (1A)

F12a

where the total quantity taken together of each of the radionuclides listed in column 1 of Table A below present in the clocks and watches on any premises does not exceed the amount set out in column 2–

TABLE A

Radioactive material	Relevant value
Tritium	10 ⁹ becquerels
Promethium 147	10 ⁷ becquerels
Radium 226	10 ⁴ becquerels

or

b

where

i

the total quantity of the radionuclides listed in column 2 of Table B below present in each such clock or watch of the type listed in column 1 of that table does not exceed the amount set out in column 3–

TABLE B

Type of clock or watch	Radioactive material	Relevant value (becquerels)
(i)Luminised time measurement instruments F13 ‐ (a)worn or carried on the person	Tritium Promethium 147	2.8y 10 ⁸ 5.5y 10 ⁶
(b)not worn or carried on the person	Tritium Promethium 147	3.7y 10 ⁸ 7.4y 10 ⁶
(ii)Special luminised time measurement instruments F14	Tritium Promethium 147	9.3y 10 ⁸ 1.9y 10 ⁷
(iii)Watches containing gaseous tritium light sources F15	Tritium	7.4y 109
(iv)Radium luminised timepieces F16 ‐ (a)wristwatches	Radium 226	3.7y 10 ³
(b)alarm clocks	Radium 226	5.5y 10 ³
(c)special time measurement instruments	Radium 226	5.6y 10 ⁴

and

ii

no more than five items falling within Table B which constitute radioactive waste are present on any premises

but this subsection does not affect the ~~F186operation of section 13(1) or section 14(1)~~F186requirement for an environmental permit in relation to the disposal or accumulation of radioactive waste arising from clocks or watches on or from premises which, by virtue of subsection (5) of section 8, are excluded from the operation of subsection (4) of that section.

F17 1A

The circumstances referred to in subsection (1) are that—

a

radioactive waste arises from no more than five of them,

c

none of those five gives rise to a quantity of radioactive waste exceeding the figure in the third column of the Table corresponding to the relevant radionuclide listed in the second column.

TABLE

Type of clock or watch	Radionuclide	Relevant value (becquerels)
i Watches bearing radioluminescent deposits and intended to be worn or carried on the person	Tritium Promethium 147 Radium 226	2.8 x 10⁸ 5.5 x 10⁶ 5.6 x 10³
ii Clocks bearing radioluminescent deposits	Tritium Promethium 147 Radium 226	3.7 x 10⁸ 7.4 x 10⁶ 7.4 x 10³
iii Clocks or watches requiring greater luminosity than categories (i) or (ii) above, and having their dials marked at the time of manufacture with “T 25” (tritium), “Pm 0.5” (Promethium 147) or “Ra 1.5” (Radium 226)	Tritium Promethium 147 Radium 226	9.3 x 10⁸ 1.9 x 10⁷ 5.6 x 10⁴
iv Watches containing small sealed glass tubes internally coated with a phosphor and filled with tritium gas	Tritium	7.4 x 10⁹

2

Without prejudice to subsection (1), the Secretary of State may by order exclude particular descriptions of radioactive waste from ~~F187any of the provisions of section 13 or 14~~F187the requirement for an environmental permit , either absolutely or subject to limitations or conditions; and accordingly ~~F188such of those provisions as may be specified in an order under this subsection~~F188that requirement shall not apply to a disposal or accumulation of radioactive waste if it is radioactive waste of a description ~~F189so specified~~F189specified in an order under this subsection , and (where the exclusion is subject to limitations or conditions) the limitations or conditions specified in the order are complied with.

3

~~F190In the application of this section to Northern Ireland, the reference to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.~~

~~in the case of an authorisation to which subsection (5) applies, to any other public or local authority consulted in relation to the authorisation in accordance with that subsection.~~

10

An authorisation shall have effect as from such date as may be specified in it; and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in subsection (9)(b), the ~~F19appropriate Agency. . .—~~

a

~~shall have regard to the time at which those copies may be expected to be sent, and~~

b

~~shall fix a date appearing to~~ ~~F27it~~ ~~to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,~~

~~unless in~~ ~~F27its~~ ~~opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.~~

F2811

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

E916 Grant of authorisations.

1

b

~~in relation to an authorisation having effect in Northern Ireland, means the chief inspector.~~

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F335

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

In relation to an authorisation granted by the chief inspector and the appropriate Minister, references in subsections (1) and (2) to the chief inspector shall have effect as references to the chief inspector and that Minister.

17AF109Review of authorisations

F1991

~~The authorising authority—~~

a

~~must carry out periodic reviews of the limitations and conditions attached to each authorisation under section 13 or 14; and~~

b

~~may, at any other time, carry out any such additional review of the limitations and conditions attached to an authorisation under either of those sections as it thinks fit.~~

2

~~In this section—~~

“ ~~the authorising authority~~ ”—
1. a
  ~~in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and~~
2. b
  ~~in relation to an authorisation having effect in Northern Ireland, means the chief inspector;~~
“ ~~periodic reviews~~ ~~”, in relation to an authorisation, means reviews at such regular intervals as the authorising authority thinks fit in the case of that authorisation.~~

E1318 Functions of public and local authorities in relation to authorisations under s. 13.

F1621

~~If, in considering an application for an authorisation under section 13, it appears to the~~ ~~F34 appropriate Agency~~. . . that the disposal of radioactive waste to which the application relates is likely to involve the need for special precautions to be taken by a local authority, relevant water body or other public or local authority, the ~~F34 appropriate Agency. . . shall consult with that public or local authority before granting the authorisation.~~

2

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 13, 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~~ ~~F34appropriate Agency. . .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 ~~F34 appropriate Agency, and to recover the charges so agreed or determined from that person.~~

3

Where an authorisation granted under section 13 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.

E1418 Functions of public and local authorities in relation to authorisations under s. 13.

1

If, in considering an application for an authorisation under section 13, it appears to the chief inspector (or, in a case where the power to grant the authorisation is exercisable by the chief inspector and the appropriate Minister, it appears to either the chief inspector or that 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 a local authority, relevant water body or other public or local authority, the chief inspector or the appropriate Minister, as the case may be, shall consult with that public or local authority before granting the authorisation.

2

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 13, 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 chief inspector (or, where the authorisation was granted by the chief inspector and the appropriate Minister, with the prior approval of either the chief inspector or that 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 chief inspector, and to recover the charges so agreed or determined from that person.

3

Where an authorisation granted under section 13 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.

Further obligations relating to registration or authorisation

19 Duty to display documents.

~~F200At all times while—~~

a

~~a person is registered in respect of any premises under section 7, or~~

b

~~an authorisation granted in respect of any premises under section 13(1) or 14 is for the time being in force,~~

~~the person to whom the registration relates, or~~ ~~F123 who holds the authorisation~~ , as the case may be, shall cause copies of the certificate of registration or authorisation issued to him under this Act to be kept posted on the premises, in such characters and in such positions as to be conveniently read by persons having duties on those premises which are or may be affected by the matters set out in the certificate.

E1520 Retention and production of site or disposal records.

F1631

~~The~~ ~~F35appropriate Agency~~ ~~may, by notice served on any person to whom a registration under section 7 or 10 relates or~~ ~~F110 who holds an authorisation under section 13 or 14~~ ~~, impose on him such requirements authorised by this section in relation to siteF141, source transfer~~ ~~or disposal records kept by that person as the~~ ~~F35 appropriate Agency~~ ~~may specify in the notice.~~

2

~~The requirements that may be imposed on a person under this section in relation to site or disposal records are—~~

a

~~to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation, or~~

b

~~to furnish the~~ ~~F35 appropriate Agency~~ with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation.

3

F36~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

4

~~In this section, in relation to a registration and the person registered or an authorisation and the person authorised—~~

“~~the activities regulated” by his registration or authorisation means—~~
1. a
  ~~in the case of registration under section 7, the keeping or use of radioactive material,~~
2. b
  ~~in the case of registration under section 10, the keeping, using, lending or hiring of the mobile radioactive apparatus,~~
3. c
  ~~in the case of an authorisation under section 13, the disposal of radioactive waste, and~~
4. d
  ~~in the case of an authorisation under section 14, the accumulation of radioactive waste,~~
“~~records” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation, and “site records~~” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept~~F142,source transfer records” means records relating to the transfer of control of high-activity sources~~ ~~and “disposal records” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on, and~~
“~~specified” means specified in a notice under this section.~~

E1620 Retention and production of site or disposal records.

1

The chief inspector may, by notice served on any person to whom a registration under section 7 or 10 relates or F110 who holds an authorisation under section 13 or 14 , impose on him such requirements authorised by this section in relation to siteF141, source transfer or disposal records kept by that person as the chief inspector may specify in the notice.

2

The requirements that may be imposed on a person under this section in relation to site or disposal records are—

a

to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation, or

b

to furnish the chief inspector with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation.

3

In relation to authorisations under section 13 so far as the power to grant or revoke such authorisations is exercisable by the chief inspector and the appropriate Minister, references in subsections (1) and (2) of this section to the chief inspector shall be construed as references to the chief inspector and that Minister.

4

In this section, in relation to a registration and the person registered or an authorisation and the person authorised—

“the activities regulated” by his registration or authorisation means—
1. a
  in the case of registration under section 7, the keeping or use of radioactive material,
2. b
  in the case of registration under section 10, the keeping, using, lending or hiring of the mobile radioactive apparatus,
3. c
  in the case of an authorisation under section 13, the disposal of radioactive waste, and
4. d
  in the case of an authorisation under section 14, the accumulation of radioactive waste,
“records” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation, and “site records” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is keptF142,source transfer records” means records relating to the transfer of control of high-activity sources and “disposal records” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on, and
“specified” means specified in a notice under this section.

Enforcement notices and prohibition notices

E1721 Enforcement notices.

F1641

~~Subject to the provisions of this section, if the~~ ~~F37appropriate Agency~~ ~~is of the opinion that a person to whom a registration under section 7 or 10 relates or~~ ~~F111 who holds an authorisation under section 13 or 14~~ —

a

~~is failing to comply with any limitation or condition subject to which the registration or authorisation has effect, or~~

b

~~is likely to fail to comply with any such limitation or condition,~~

~~F38it~~ ~~may serve a notice under this section on that person.~~

2

~~A notice under this section shall—~~

a

~~state that the~~ ~~F37appropriate Agency~~ ~~is of that opinion,~~

b

~~specify the matters constituting the failure to comply with the limitations or conditions in question or the matters making it likely that such a failure will occur, as the case may be, and~~

c

~~specify the steps that must be taken to remedy those matters and the period within which those steps must be taken.~~

F393

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

4

~~Where a notice is served under this section the~~ ~~F37appropriate Agency. . . shall—~~

a

~~in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or~~

b

~~in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b)F112 or 16A(8)(d)~~ ,

~~send a copy of the notice to that authority.~~

E1821 Enforcement notices.

1

Subject to the provisions of this section, if the chief inspector is of the opinion that a person to whom a registration under section 7 or 10 relates or F111 who holds an authorisation under section 13 or 14 —

a

is failing to comply with any limitation or condition subject to which the registration or authorisation has effect, or

b

is likely to fail to comply with any such limitation or condition,

he may serve a notice under this section on that person.

2

7

~~The~~ ~~F40 appropriate Agency. . . shall, by notice to the recipient, withdraw a notice under this section when~~ ~~F43that Agency~~ ~~is satisfied that the risk specified in it has been removed; and on so doing~~ ~~F43that Agency~~ ~~shall send a copy of the withdrawal notice to any public or local authority to whom a copy of the notice under this section was sent.~~

E2022 Prohibition notices.

1

Subject to the provisions of this section, if the chief inspector is of the opinion, as respects the keeping or use of radioactive material or of mobile radioactive apparatus, or the disposal or accumulation of radioactive waste, by a person in pursuance of a registration or authorisation under this Act, that the continuing to carry on that activity (or the continuing to do so in a particular manner) involves an imminent risk of pollution of the environment or of harm to human health, he may serve a notice under this section on that person.

2

A notice under this section may be served whether or not the manner of carrying on the activity in question complies with any limitations or conditions to which the registration or authorisation in question is subject.

3

A notice under this section shall—

a

state the chief inspector’s opinion,

b

d

~~to cancel or revoke (or not to cancel or revoke) a registration or authorisation.~~

3

~~The Secretary of State may give directions to the~~ ~~F44appropriate Agency, as respects any registration or authorisation, requiring~~ ~~F45it~~ ~~to serve a notice under section 21 or 22 in such terms as may be specified in the directions.~~

4

~~The Secretary of State may give directions requiring the~~ ~~F44appropriate Agency~~ to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.

F464A

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

5

~~In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.~~

F1436

~~In Northern Ireland, where the Department of the Environment gives directions to the chief inspector under this section for the purpose of implementing provisions of the~~ ~~HASS Directive~~ ~~the following requirements apply—~~

a

F116ca

to grant an application for the transfer (in whole or in part) of an authorisation, or

cb

to carry out a review under section 17A, or

d

to cancel or revoke (or not to cancel or revoke) a registration or authorisation.

3

The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 21 or 22 in such terms as may be specified in the directions.

4

The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.

5

In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

F1436

In Northern Ireland, where the Department of the Environment gives directions to the chief inspector under this section for the purpose of implementing provisions of the HASS Directive the following requirements apply—

a

any direction shall be published in such manner as the Department considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by it;

b

copies of a direction shall be made available to the public;

c

notice of a direction and of where a copy may be obtained shall be given in the Belfast Gazette;

d

a direction shall be given only after consultation with the chief inspector; and

e

no direction shall be varied or revoked unless, notwithstanding the variation or revocation, the provisions of the HASS Directive as they have effect for the time being which were implemented by that direction, continue to be implemented, whether by directions or any other instrument or by any enactment.

E2424 Power of Secretary of State to require certain applications to be determined by him.

F1671

~~The Secretary of State may—~~

a

~~give general directions to the~~ ~~F47appropriate Agency~~ ~~requiring~~ ~~F48it~~ ~~to refer applications under this Act for registrations~~ ~~F117 , authorisations, transfers or variations~~ ~~of any description specified in the directions to the Secretary of State for his determination, and~~

b

~~give directions to the~~ ~~F47appropriate Agency~~ ~~in respect of any particular application requiring~~ ~~F48it~~ ~~to refer the application to the Secretary of State for his determination.~~

2

Where an application is referred to the Secretary of State in pursuance of directions given under this section, the Secretary of State may cause a local inquiry to be held in relation to the application.

3

~~The following provisions shall apply to inquiries in pursuance of subsection (2)—~~

a

~~in England and Wales, subsections (2) to (5) of section 250 of the~~ M7~~Local Government Act 1972 (supplementary provisions about local inquiries under that section) but with the omission, in subsection (4) of that section, of the words “such local authority or”,~~

b

~~in Scotland, subsections (2) to (8) of section 210 of the~~ M8~~Local Government (Scotland) Act 1973 (power to direct inquiries), and~~

c

~~in Northern Ireland, Schedule 8 to the~~ M9~~Health and Personal Services (Northern Ireland) Order 1972 (provisions as to inquiries).~~

4

~~After determining any application so referred, the Secretary of State may give the~~ ~~F47appropriate Agency~~ ~~directions under section 23 as to the steps to be taken by~~ ~~F48it~~ ~~in respect of the application.~~

F494A

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

5

~~In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.~~

E2324 Power of Secretary of State to require certain applications to be determined by him.

1

The Secretary of State may—

a

give general directions to the chief inspector requiring him to refer applications under this Act for registrations F117 , authorisations, transfers or variations of any description specified in the directions to the Secretary of State for his determination, and

b

give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination.

2

Where an application is referred to the Secretary of State in pursuance of directions given under this section, the Secretary of State may cause a local inquiry to be held in relation to the application.

3

The following provisions shall apply to inquiries in pursuance of subsection (2)—

a

in England and Wales, subsections (2) to (5) of section 250 of the M4Local Government Act 1972 (supplementary provisions about local inquiries under that section) but with the omission, in subsection (4) of that section, of the words “such local authority or”,

b

in Scotland, subsections (2) to (8) of section 210 of the M5Local Government (Scotland) Act 1973 (power to direct inquiries), and

c

in Northern Ireland, Schedule 8 to the M6Health and Personal Services (Northern Ireland) Order 1972 (provisions as to inquiries).

4

After determining any application so referred, the Secretary of State may give the chief inspector directions under section 23 as to the steps to be taken by him in respect of the application.

5

In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

E26 C10 C1125 Power of Secretary of State to restrict knowledge of applications etc.

F1681

~~The Secretary of State may direct the~~ ~~F50appropriate Agency~~ ~~that in his opinion, on grounds of national security, it is necessary that knowledge of~~ ~~F51such information as may be specified or described in the directions, being information contained in or relating to~~—

a

~~any particular application for registration under section 7 or 10 or applications of any description specified in the directions, or~~

b

~~any particular registration or registrations of any description so specified,~~

~~should be restricted.~~

2

~~The Secretary of State~~ F52~~. . . may direct the~~ ~~F50appropriate Agency~~ ~~that in his~~ F52~~. . . opinion, on grounds of national security, it is necessary that knowledge of~~ ~~F53such information as may be specified or described in the directions, being information contained in or relating to~~—

a

~~any particular application for authorisation under section 13 or 14F118 or for the transfer (in whole or in part) or variation of an authorisation~~ ~~or applications of any description specified in the directions, or~~

b

~~the person directly concerned may, subject to subsection (3), appeal to the Secretary of State.~~

2

~~A person on whom a notice under section 21 or 22 is served may, subject to subsections (3) and (4), appeal against the notice to the Secretary of State.~~

3

~~No appeal shall lie—~~

F59a

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

b

~~under subsection (1) or (2) in respect of any decision taken by the~~ ~~F58 appropriate Agency~~ ~~in pursuance of a direction of the Secretary of State under section 23 or 24.~~

4

~~No appeal shall lie under subsection (2) in respect of any notice served in~~ F60~~. . . Northern Ireland by the appropriate Minister in exercise of the power under section 21 or 22.~~

5

~~In this section “the person directly concerned” means—~~

a

~~in relation to a registration under section 7 or 10, the person applying for the registration or to whom the registration relates;~~

b

~~in relation to an authorisation under section 13 or 14, the person applying for the authorisation or to whom it was granted;~~

F122c

~~in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;~~

d

~~in relation to an application for a variation under section 17, the person applying for the variation.~~

and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions to it either in effecting or granting it or in exercising any power to vary it.

F615A

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

6

~~In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.~~

E2726 Registrations, authorisations and notices: appeals from decisions of chief inspector.

1

Where the chief inspector—

a

refuses an application for registration under section 7 or 10, or refuses an application for an authorisation under section 13 or 14,

F121aa

refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,

b

attaches any limitations or conditions to such a registration or to such an authorisation, or

c

varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

d

cancels such a registration or revokes such an authorisation,

the person directly concerned may, subject to subsection (3), appeal to the Secretary of State.

2

A person on whom a notice under section 21 or 22 is served may, subject to subsections (3) and (4), appeal against the notice to the Secretary of State.

3

No appeal shall lie—

a

under subsection (1) in relation to authorisations which are subject to section 16(3);

b

under subsection (1) or (2) in respect of any decision taken by the chief inspector in pursuance of a direction of the Secretary of State under section 23 or 24.

4

No appeal shall lie under subsection (2) in respect of any notice served in England, Wales or Northern Ireland by the appropriate Minister in exercise of the power under section 21 or 22.

5

In this section “the person directly concerned” means—

a

in relation to a registration under section 7 or 10, the person applying for the registration or to whom the registration relates;

b

in relation to an authorisation under section 13 or 14, the person applying for the authorisation or to whom it was granted;

F122c

in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;

d

in relation to an application for a variation under section 17, the person applying for the variation.

and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions to it either in effecting or granting it or in exercising any power to vary it.

6

In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

E3027 Procedure on appeals unders. 26.

F1701

~~The Secretary of State may refer any matter involved in an appeal under section 26~~ ~~F62other than appeals against any decision of, or notice served by,~~ ~~SEPA~~, ~~to a person appointed by him for the purpose.~~

F631A

~~As respects an appeal against any decision of, or notice served by,~~ ~~SEPA, this section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).~~

2

~~An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.~~

3

~~If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).~~

4

~~On determining an appeal from a decision of the~~ ~~F64appropriate Agency~~ ~~under section 26 the Secretary of State—~~

a

~~may affirm the decision,~~

b

~~where that decision was the refusal of an application, may direct the~~ ~~F64appropriate Agency~~ ~~to grant the application,~~

c

~~where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or~~

d

~~where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,~~

~~and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) he may give directions to the~~ ~~F64 appropriate Agency~~ ~~as to the limitations and conditions to be attached to the registration or authorisation in question.~~

5

On the determination of an appeal in respect of a notice under section 26(2), the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.

6

The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.

7

~~The Secretary of State may by regulations make provision with respect to appeals under section 26 (including in particular provision as to the period within which appeals are to be brought).~~

F657A

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

8

~~In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.~~

E2927 Procedure on appeals unders. 26.

1

The Secretary of State may refer any matter involved in an appeal under section 26 to a person appointed by him for the purpose.

2

An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.

3

If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

4

On determining an appeal from a decision of the chief inspector under section 26 the Secretary of State—

a

may affirm the decision,

b

where that decision was the refusal of an application, may direct the chief inspector to grant the application,

c

where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or

d

where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,

an opportunity to appear before and be heard by a person appointed by him for the purpose.

4

In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Further powers of Secretary of State in relation to radioactive waste

29 Provision of facilities for disposal or accumulation of radioactive waste.

F2011

If it appears to the Secretary of State that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the Secretary of State may provide such facilities, or may arrange for their provision by such persons as the Secretary of State may think fit.

2

Where, in the exercise of the power conferred by this section, the Secretary of State proposes to provide, or to arrange for the provision of, a place for the disposal or accumulation of radioactive waste, the Secretary of State, before carrying out that proposal, shall consult with any local authority in whose area that place would be situated, and with such other public or local authorities (if any) as appear to him to be proper to be consulted by him.

3

The Secretary of State may make reasonable charges for the use of any facilities provided by him, or in accordance with arrangements made by him, under this section, or, in the case of facilities provided otherwise than by the Secretary of State, m ay direct that reasonable charges for the use of the facilities may be made by the person providing them in accordance with any such arrangements.

4

~~In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.~~

E3130 Power of Secretary of State to dispose of radioactive waste.

C13 C14F1711

~~If there is radioactive waste on any premises, and~~ ~~F67 the appropriate Agency~~ ~~is satisfied that—~~

a

~~the waste ought to be disposed of, but~~

b

~~by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless~~ ~~F67that Agency~~ ~~exercises~~ ~~F67its~~ ~~powers under this section,~~

~~F67that Agency~~ ~~shall have power to dispose of that radioactive waste as~~ ~~F67that Agency~~ ~~may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by~~ ~~F67that Agency~~ ~~in disposing of it.~~

2

~~In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.~~

3

~~For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the~~ M10~~Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—~~

a

~~with the substitution in section 294 for references to a council of references to the~~ ~~F68Environment Agency~~ ~~or, in Northern Ireland, the Department of the Environment for Northern Ireland, and~~

b

~~in relation to Northern Ireland, as if that Act extended to Northern Ireland.~~

4

~~For the purposes of this section in its application to Scotland, the definition of “owner” in~~ ~~F149section 3 of the Public Health (Scotland) Act 1897F149section 78A(9) (preliminary) of the Environmental Protection Act 1990~~ ~~and the provisions of section 336 of the~~ M11~~Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to~~ ~~F69SEPA~~ ~~for references to a local authority.~~

E3230 Power of Secretary of State to dispose of radioactive waste.

1

If there is radioactive waste on any premises, and the Secretary of State is satisfied that—

a

the waste ought to be disposed of, but

b

by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the Secretary of State exercises his powers under this section,

the Secretary of State shall have power to dispose of that radioactive waste as the Secretary of State may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by the Secretary of State in disposing of it.

2

In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

3

For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the M12Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—

a

with the substitution in section 294 for references to a council of references to the Secretary of State or, in Northern Ireland, the Department of the Environment for Northern Ireland, and

b

in relation to Northern Ireland, as if that Act extended to Northern Ireland.

4

For the purposes of this section in its application to Scotland, the definition of “owner” in section 3 of the M13Public Health (Scotland) Act 1897 and the provisions of section 336 of the M14Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to the Secretary of State for references to a local authority.

30AF144Recovery and disposal of orphan sources

b

~~being a person who is registered under section 7 or 10 or~~ ~~F125 who holds an authorisation under section 13 or 14~~ ~~, fails to comply with any requirement of a notice served on him under section 21 or 22,~~

~~shall be guilty of an offence.~~

2

~~A person guilty of an offence under this section shall be liable—~~

a

~~on summary conviction, to a fine not exceeding #20,000 or to imprisonment for a term not exceeding six months, or both;~~

b

~~on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or both.~~

F713

If the appropriate Agency is of the opinion that proceedings for an offence under subsection (1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a notice served on him under section 21 or 22, that Agency may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the notice.

33 Offences relating to ss. 19 and 20.

F2041

~~Any person who contravenes section 19 shall be guilty of an offence and liable—~~

a

~~on summary conviction, to a fine not exceeding the statutory maximum;~~

b

~~on conviction on indictment, to a fine.~~

2

Any person who without reasonable cause pulls down, injures or defaces any document posted in pursuance of section 19 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

3

~~Any person who fails to comply with a requirement imposed on him under section 20 shall be guilty of an offence and liable—~~

a

~~on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;~~

b

~~on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.~~

34 Disclosure of trade secrets.

F2051

If any person discloses any information relating to any relevant process or trade secret used in carrying on any particular undertaking which has been given to or obtained by him under this Act or in connection with the execution of this Act, he shall be guilty of an offence, unless the disclosure is made—

a

~~with the consent of the person carrying on that undertaking, or~~

b

~~in accordance with any general or special directions given by the Secretary of State, or~~

F72bb

~~under or by virtue of section 113 of the Environment Act 1995, or~~

c

~~in connection with the execution of this Act, or~~

d

~~for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings.~~

2

~~A person guilty of an offence under this section shall be liable—~~

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

36 Offences by bodies corporate.

F2071

Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

2

~~In this section “director~~”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

37 Offence due to another’s fault.

F208Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person may by virtue of this section be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.

38 Restriction on prosecutions.

c

~~all other documents sent by~~ ~~F77it~~ ~~to any local authority in pursuance of directions of the Secretary of State, and~~

d

~~such records of convictions under section 32, 33, 34 or 35 as may be prescribed in regulations;~~

~~and~~ ~~F77the appropriate Agency~~ shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret or would involve the disclosure of ~~F78information~~ ~~as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security.~~

2

~~Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the~~ ~~F76appropriate Agency. . . that all or any part of any such document is not to be available for inspection.~~

3

Directions under subsection (2) shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets and may be given generally in respect of all, or any description of, documents or in respect of specific documents.

4

~~The copies of documents required to be made available to the public by this section need not be kept in documentary form.~~

5

The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document.

6

~~In this section “relevant process” has the same meaning as in section 34.~~

7

~~In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.~~

E3339 Public access to documents and records.

1

The chief inspector shall keep copies of—

a

all applications made to him under any provision of this Act,

b

all documents issued by him under any provision of this Act,

c

all other documents sent by him to any local authority in pursuance of directions of the Secretary of State, and

d

such records of convictions under section 32, 33, 34 or 35 as may be prescribed in regulations;

and he shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret or would involve the disclosure of applications or certificates as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security.

2

Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the chief inspector or, as the case may be, the appropriate Minister and the chief inspector, that all or any part of any such document is not to be available for inspection.

3

Directions under subsection (2) shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets and may be given generally in respect of all, or any description of, documents or in respect of specific documents.

4

The copies of documents required to be made available to the public by this section need not be kept in documentary form.

5

The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document.

6

In this section “relevant process” has the same meaning as in section 34.

7

In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Operation of other statutory provisions

40 Radioactivity to be disregarded for purposes of certain statutory provisions.

1

For the purposes of the operation of any statutory provision to which this section applies, and for the purposes of the exercise or performance 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

This section applies—

a

to any statutory provision contained in, or for the time being having effect by virtue of, any of the enactments specified in Schedule 3, 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 prohibited or restricted by the statutory provision, or

ii

a power or duty is conferred or imposed by the statutory provision on F79the Environmental Agency or SEPA or on any local authority, relevant water body 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 sub-paragraph (i).

3

In this section—

“statutory provision”—
1. a
  in relation to Great Britain, 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, and
2. b
  in relation to Northern Ireland, has the meaning given by section 1(f) of the M19Interpretation Act (Northern Ireland) 1954,
“local enactment” means—
1. a
  a local or private Act (including a local or private Act of the Parliament of Northern Ireland or a local or private Measure of the Northern Ireland Assembly), or
2. b
  an order confirmed by Parliament (or by the Parliament of Northern Ireland or the Northern Ireland Assembly) 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.

4

The references to provisions of the M20Water Resources Act 1991 in Part I of Schedule 3 shall have effect subject to the power c onferred by section 98 of that Act.

General

41 Service of documents.

F2101

Any notice required or authorised by or under this Act to be served on or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

2

~~Any such notice may—~~

a

~~in the case of a body corporate, be served on or given to the secretary or clerk of that body;~~

~~occupied by or for the purposes of a visiting force.~~

3

4

Notwithstanding anything in subsection (3), the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

5

If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by section 31 should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

6

Where, in the case of any such premises as are mentioned in subsection (2)—

a

arrangements are made whereby radioactive waste is not to be disposed of from those premises except with the approval of the chief inspector, and

b

in pursuance of those arrangements the chief inspector proposes to approve, or approves, the removal of radioactive waste from those premises to a place provided by a local authority as a place for the deposit of refuse,

the provisions of section 18 shall apply as if the proposal to approve the removal of the waste were an application for an authorisation under section 13 to remove it, or (as the case may be) the approval were such an authorisation.

7

Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M25Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

8

In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M26Visiting Forces Act 1952.

provide for different fees or charges to be payable in different cases or circumstances, and

b

provide for the times at which and the manner in which payments are to be made;

and a scheme may make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate and different schemes may be made and revised for different areas.

4

The Secretary of State shall so frame a scheme under this section as to secure, so far as practicable, that the amounts payable under it are sufficient, taking one financial year with another, to cover—

a

the expenditure of the chief inspector and the Minister of Agriculture, Fisheries and Food in exercising their functions under this Act in relation to registrations and authorisations,

b

the expenditure of the Secretary of State in exercising in relation to Wales such of his functions under this Act in relation to registrations and authorisations as are exercised by the Minister of Agriculture, Fisheries and Food in relation to England.

5

The Secretary of State shall, on making or revising a scheme under this section, lay a copy of the scheme or of the revisions before each House of Parliament.

6

In the application of this section to Northern Ireland—

a

references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland,

b

references to the Minister of Agriculture, Fisheries and Food shall have effect as references to the Department of Agriculture for Northern Ireland,

c

the reference to the Treasury shall have effect as a reference to the Department of Finance and Personnel in Northern Ireland,

d

the reference to each House of Parliament shall have effect as a reference to the Northern Ireland Assembly, and

e

subsection (4)(b) shall be omitted.

44 Regulations and orders: Great Britain.

1

The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.

2

F211For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Secretary of State may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.

3

Any power conferred by this Act to make regulations or orders shall be exercisable by statutory instrument.

4

Any statutory instrument containing regulations or an order made under this Act, other than an order under Schedule 5, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

This section does not extend to Northern Ireland.

45 Regulations and orders: Northern Ireland.

F2121

~~The Department of the Environment for Northern Ireland may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.~~

2

For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Department of the Environment for Northern Ireland may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.

3

~~Any power conferred by this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the~~ M27~~Statutory Rules (Northern Ireland) Order 1979.~~

4

~~Any regulations or orders made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the~~ M28~~Interpretation Act (Northern Ireland) 1954.~~

5

~~This section extends to Northern Ireland only.~~

46 Effect of Act on other rights and duties.

~~F213Subject to the provisions of section 40 of this Act, and of section 18 of the~~ M29~~Interpretation Act 1978 (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.~~

47 General interpretation provisions.

F2161

~~In this Act, except in so far as the context otherwise requires—~~

“~~the appropriate Minister” means—~~
1. a
  F83~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
2. b
  F83~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
3. c
  ~~in relation to Northern Ireland, the Department of Agriculture for Northern Ireland,~~
~~F84 “~~ ~~the appropriate Agency~~ ~~” means—~~
1. a
  ~~in relation to England and Wales, the Environment Agency; and~~
2. b
  ~~in relation to Scotland,~~ ~~SEPA~~ ;
“~~article” includes a part of an article,~~
“~~the chief inspector” means—~~
1. a
  F85~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
2. b
  F85~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
3. c
  ~~in relation to Northern Ireland, the chief inspector for Northern Ireland appointed under section 4(7),~~
“~~disposal~~”, in relation to waste, includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “~~dispose of” shall be construed accordingly,~~
~~F131 “the~~ ~~HASS Directive~~ ~~” means Council Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan sources;~~
~~“high-activity source” has the same meaning as it has in the~~ ~~HASS Directive~~ but excluding any such source once its activity level has fallen below the exemption levels specified in column 2 of Table A to Annex I to Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation,
“~~local authority” (except where the reference is to a public or local authority) means—~~
1. a
  ~~in England~~ F86~~. . ., the council of a county, district or London borough or the Common Council of the City of London or an authority established by the~~ M30~~Waste Regulation and Disposal (Authorities) Order 1985,~~

F87aa

~~in Wales, the council of a county or county borough;~~

b

~~in Scotland, a~~ ~~F88council constituted under section 2 of the Local Government~~ ~~etc.~~ ~~(Scotland) Act 1994, and~~

c

~~in Northern Ireland, a district council,~~

“~~nuclear site” means—~~
1. a
  ~~any site in respect of which a nuclear site licence is for the time being in force, or~~
2. b
  ~~any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,~~
“~~nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the~~ M31~~Nuclear Installations Act 1965,~~
~~F132 “orphan source” has the same meaning as it has in the~~ ~~HASS Directive~~ ,
“~~premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water,~~
~~F128 “~~ ~~prescribed~~ ”—
1. a
  ~~in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section;~~
2. b
  ~~in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; and~~
3. c
  ~~in other contexts, means prescribed by regulations under this Act.~~
“~~the prescribed period for determinations”, in relation to any application under this Act, means, subject to subsection (2), the period of four months beginning with the day on which the application was received,~~
“~~public or local authority”, in relation to England and Wales, includes a water undertaker or a sewerage undertaker,~~
“~~relevant water body” means—~~
1. a
  ~~in England and Wales,~~ F89~~. . ., a water undertaker, a sewerage undertaker~~ ~~F217or a local fisheries committee~~,
2. b
  ~~in Scotland,~~ F89~~. . ., a district salmon fishery board established under section 14 of the~~ M32~~Salmon Act 1986 or~~ ~~F104Scottish Water, and~~
3. c
  ~~in Northern Ireland, the Fisheries Conservation Board for Northern Ireland,~~ ~~F146 or a water undertaker or a sewerage undertaker within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006~~
~~F90 “~~ ~~SEPA~~ ~~” means the Scottish Environment Protection Agency;~~
“~~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—~~
1. a
  ~~in relation to a public or local authority, includes any of the powers or duties of that authority, and~~
2. b
  ~~in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body, and~~
“~~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.

2

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

3

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.~~

4

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.

5

~~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.~~

F1305A

A reference in this Act to the keeping or use of radioactive material means, in relation to a high-activity source, any practice in relation to that source except the disposal or accumulation of the source: and “practice” must be construed in accordance with Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.

6

In the application of this section to Northern Ireland, the reference in subsection (2) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

F2161

In this Act—

“environmental permit” means a permit granted under regulation 13 of the Environmental Permitting Regulations;
“the Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2010;
“local authority” has the same meaning as in the Environmental Permitting Regulations;
“relevant water body” means a water undertaker, a sewerage undertaker or a local fisheries committee.

2

The following have the same meaning as in Schedule 23 to the Environmental Permitting Regulations (radioactive substances activities)—

“article”;
“disposal”;
“mobile radioactive apparatus”;
“premises”;
“radioactive material”;
“radioactive waste”;
“substance”;
“undertaking”.

48 Index of defined expressions.

~~F214The following Table shows provisions defining or otherwise explaining expressions for the purposes of this Act—~~

~~F91the appropriate Agency~~	~~F91section 47(1)~~
~~the appropriate Minister~~	~~section 47(1)~~
~~article~~	~~section 47(1)~~
~~F92 the chief inspector~~	~~F92section 47(1)~~
~~contamination~~	~~section 47(5)~~
~~disposal~~	~~section 47(1)~~
~~F133the~~ ~~HASS Directive~~	~~F133section 47(1)~~
~~F133high-activity source~~	~~F133section 47(1)~~
~~licensee (in relation to a nuclear site licence)~~	~~section 47(1)~~
~~local authority~~	~~section 47(1)~~
~~mobile radioactive apparatus~~	~~section 3~~
~~nuclear site~~	~~section 47(1)~~
~~nuclear site licence~~	~~section 47(1)~~
~~F134orphan source~~	~~F134section 47(1)~~
~~period of responsibility (in relation to a nuclear site licence)~~	~~section 47(1)~~
~~premises~~	~~section 47(1)~~
~~prescribed~~	~~section 47(1)~~
~~the prescribed period for determinations~~	~~section 47(1) and (2)~~
~~public or local authority~~	~~section 47(1)~~
~~radioactive material~~	~~section 1~~
~~radioactive waste~~	~~section 2~~
~~relevant water body~~	~~section 47(1)~~
~~F91SEPA~~	~~F91section 47(1)~~
~~substance~~	~~section 47(1)~~
~~undertaking~~	~~section 47(1)~~
~~waste~~	~~section 47(1) and (4).~~

49 Consequential amendments and transitional and transitory provisions.

1

The enactments specified in Schedule 4 shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act.

2

The transitional and transitory provisions contained in Schedule 5 shall have effect.

50 Repeals.

The enactments and instruments specified in Schedule 6 (which include spent enactments) are repealed or, as the case may be, revoked to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.

51 Short title, commencement and extent.

1

This Act may be cited as the Radioactive Substances Act 1993.

2

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

3

This Act extends to Northern Ireland.

SCHEDULES

SCHEDULE 1 Specified elements

Section 1.

Annotations:

Amendments (Textual)

F151

Sch. 1 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(ss), Sch. 28 (with reg. 1(2), Sch. 4)

~~F151Element~~	~~Becquerels per gram (BQ G~~^-1)
	~~Solid~~	~~Liquid~~	~~Gas or Vapour~~
~~1. Actinium~~	~~0.37~~	~~7.40 × 10~~^-2	~~2.59 × 10~~^-6
~~2. Lead~~	~~0.74~~	~~3.70 × 10~~^-3	~~1.11× 10~~^-4
~~3. Polonium~~	~~0.37~~	~~2.59 × 10~~^-2	~~2.22 × 10~~^-4
~~4. Protoactinium~~	~~0.37~~	~~3.33 ×10~~^-2	~~1.11 × 10~~^-6
~~5. Radium~~	~~0.37~~	~~3.70 × 10~~^-4	~~3.70 × 10~~^-5
~~6. Radon~~			~~3.70 × 10~~^-2
~~7. Thorium~~	~~2.59~~	~~3.70 × 10~~^-2	~~2.22 × 10~~^-5
~~8. Uranium~~	~~11.1~~	~~0.74~~	~~7.40 × 10~~^-5

F93SCHEDULE 2 Exercise of rights of entry and inspection

Section 31.

Annotations:

Amendments (Textual)

F93

Sch. 2 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 229, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

1

A person entering upon any premises in the exercise of any power conferred by this Act shall, if so required, produce written evidence of his authority before entering.

2

Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person for the purpose of exercising a power conferred by this Act in respect of the premises, the justice, subject to paragraph 3, may by warrant under his hand authorise that person to enter upon the premises.

3

A justice of the peace shall not grant a warrant under paragraph 2 unless he is satisfied—

a

that admission to the premises for the purpose of exercising the power in question was sought—

i

in the case of premises to which section 31(1) applies, after not less than twenty-four hours’ notice of the intended entry had been given to the occupier, or

ii

in the case of any other premises, after not less than seven days’ notice of the intended entry had been so given, or

b

that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier, or

c

that the premises are unoccupied, or

d

that an application for admission would defeat the object of the entry.

4

Every warrant granted under this Schedule shall remain in force until the purpose for which the entry is required has been satisfied.

5

Any person who, in the exercise of a power conferred by this Act, enters any premises which are unoccupied, or of which the occupier is temporarily absent, shall leave the premises as effectually secured against unauthorised entry as he found them.

6

Before a person carries out any test on any premises, in the exercise of any power conferred by this Act, he shall consult with such persons having duties on the premises as may appear to him to be appropriate in order to secure that the carrying out of the test does not create any danger.

7

Any power of entry conferred by this Act shall, if exercised under the authority of a warrant granted under this Schedule or in a case of emergency, but not in any other case, include power to enter, if need be, by force.

8

Any power of entry, or of carrying out tests or inspections, or of obtaining or taking away samples, conferred on any person by this Act may be exercised by him either alone or together with any other persons.

9

In this Schedule any reference to a case of emergency shall be construed in accordance with section 31(11).

10

This Schedule shall have effect in relation to Scotland with the substitution for any reference to a justice of the peace of a reference to the sheriff.

SCHEDULE 3 Enactments, other than local enactments, to which s. 40 applies

Section 40.

Part I England and Wales

1

Sections 48, 81, 82, 141, 259 and 261 of the M33Public Health Act 1936.

F942

Section 16 of the Clean Air Act 1993.

F1503

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Section 4 of the M34Salmon and Freshwater Fisheries Act 1975.

5

Section 59 of the M35Building Act 1984.

6

The M36Planning (Hazardous Substances) Act 1990.

7

Part III of the M37Environmental Protection Act 1990.

8

Sections 72, 111 and 113(6) and Chapter III of Part IV of the M38Water Industry Act 1991 and paragraphs 2 to 4 of Schedule 8 to that Act so far as they re-enact provisions of sections 43 and 44 of the M39Control of Pollution Act 1974.

9

Sections 82, 84, ~~F21585, 86, 87(1), 88(2)~~, 92, 93, 99, 161, 190, 202, F95and 203 of and paragraph 6 of Schedule 25 to the M40Water Resources Act 1991.

10

Section 18 of the M41Water Act 1945 so far as it continues to have effect by virtue of Schedule 2 to the M42Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the M43Control of Pollution Act 1974 not having been brought into force.

F15210B

The Environmental Permitting Regulations, insofar as they relate to water discharge activities within the meaning of those Regulations.

F153Part II Scotland

Annotations:

Amendments (Textual)

F153

Sch. 3 Pt. II repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(tt), Sch. 28 (with reg. 1(2), Sch. 4)

11

~~Sections~~ F96~~. . . 32, 41, 42 and 116 of the~~ M44~~Public Health (Scotland) Act 1897.~~

F9712

~~F98Section 16~~ ~~of the Clean Air Act 1993.~~

13

~~The~~ M45~~Sewerage (Scotland) Act 1968.~~

F9914

~~The Planning (Hazardous Substances) (Scotland) Act 1997~~.

15

~~Section 201 of the~~ M46~~Local Government (Scotland) Act 1973.~~

F14516

~~Sections 30A, 30B, 30D, 41 to 42B and 56(1) to (3) of the Control of Pollution Act 1974.~~

17

~~Sections 70, 71 and 75 of the~~ M47~~Water (Scotland) Act 1980.~~

F10017A

~~Part III of the~~ M48~~Environmental Protection Act 1990.~~

F154Part III Northern Ireland

Annotations:

Amendments (Textual)

F154

Sch. 3 Pt. III repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(tt), Sch. 28 (with reg. 1(2), Sch. 4)

18

~~Sections 50, 51, 58, 107 and 129 of the~~ M49~~Public Health (Ireland) Act 1878.~~

19

~~Section 26 of the~~ M50~~Public Health Acts Amendment Act 1890.~~

20

~~Sections 35, 46, 49 and 51 of the~~ M51~~Public Health Acts Amendment Act 1907.~~

21

~~Sections 26, 47 and 124 of the~~ M52~~Fisheries Act (Northern Ireland) 1966.~~

F10122

~~Articles 5, 7,~~ ~~F1479F147 7A~~ ~~, 14, 16 and 30 of the Water (Northern Ireland) Order 1999.~~

F14823

Articles 112, 168 and 170(5) and Chapter III of Part VI of the Water and Sewerage Services (Northern Ireland) Order 2006.

24

~~The~~ M53~~Clean Air (Northern Ireland) Order 1981.~~

25

~~The~~ M54~~Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.~~

SCHEDULE 4 Consequential amendments

Section 49(1).

The Continental Shelf Act 1964 (c. 29)

1

In section 7 of the Continental Shelf Act 1964, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.

The Nuclear Installations Act 1965 (c. 57)

2

In section 4(1)(d) of the Nuclear Installations Act 1965, for “sections 6 and 8 of the Radioactive Substances Act 1960” there is substituted “ sections 13 and 16 of the Radioactive Substances Act 1993 ”.

The Control of Pollution Act 1974 (c. 40)

3

In section 56(6) of the Control of Pollution Act 1974, for “Radioactive Substances Act 1960” (in both places) there is substituted “ Radioactive Substances Act 1993 ”.

The Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19))

4

In article 36(4) of the Pollution Control and Local Government (Northern Ireland) Order 1978—

a

for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”, and

b

in paragraph (b) for “1960” there is substituted “ 1993 ”.

The Atomic Energy (Miscellaneous Provisions) Act 1981 (c. 48)

5

In section 4(1) of the Atomic Energy (Miscellaneous Provisions) Act 1981, in the definition of “radioactive substance”, for “has the same meaning as in section 12 of the Radioactive Substances Act 1948” there is substituted “ means any substance which consists of or contains any radioactive chemical element, whether natural or artificial ”.

The Environmental Protection Act 1990 (c. 43)

6

In section 28(2) of the Environmental Protection Act 1990, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.

7

In section 78 of that Act, for “Radioactive Substances Act 1960” (in both places) there is substituted “ Radioactive Substances Act 1993 ”.

8

In section 142(7) of that Act, for “the Radioactive Substances Act 1960” there is substituted “ the Radioactive Substances Act 1993 ”.

9

In section 156 of that Act, for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”.

The Atomic Weapons Establishment Act 1991 (c. 46)

10

After paragraph 10 of the Schedule to the Atomic Weapons Establishment Act 1991 there is inserted—

Radioactive Substances Act 1993
10A
1
For the purposes of the Radioactive Substances Act 1993, so far as relating to authorisations required under section 13(1) of that Act for the disposal of radioactive waste, a relevant site in designated premises shall be treated as a site in respect of which a nuclear site licence is for the time being in force.
2
For the purposes of sub-paragraph (1) above, “relevant site” means a site used by a contractor for the purposes of any activity which would, if section 1 of the Nuclear Installations Act 1965 applied to the site, require a nuclear site licence.

The Water Resources Act 1991 (c. 57)

11

In section 98 of the Water Resources Act 1991—

a

in subsection (1), for “Radioactive Substances Act 1960” there is substituted “ Radioactive Substances Act 1993 ”, and

b

in subsection (2)(b) for “1960” there is substituted “ 1993 ”.

SCHEDULE 5 Transitional and transitory provisions

Section 49(2).

Part I General transitional provisions and savings

1

The substitution of this Act for the enactments repealed by this Act does not affect the continuity of the law.

2

Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the enactments repealed by this Act has effect, a reference to that corresponding provision.

3

Any document made, served or issued after the commencement of this Act which contains a reference to any of the enactments repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the case may require, including a reference to the corresponding provision of this Act.

4

Paragraphs 2 and 3 have effect without prejudice to the operation of sections 16 and 17 of the M55Interpretation Act 1978 (which relate to the effect of repeals).

5

The power to amend or revoke the subordinate legislation reproduced in the definition of “local authority” in section 47(1) shall be exercisable in relation to the provision reproduced to the same extent as it was exercisable in relation to the subordinate legislation.

6

Subsection (1) of section 80 of the M56Health and Safety at Work etc. Act 1974 (general power to repeal or modify Acts or instruments) shall apply to provisions of this Act which re-enact provisions previously contained in the M57Radioactive Substances Act 1960 as it applies to provisions contained in Acts passed before the Health and Safety at Work etc. Act 1974.

7

In the application of paragraph 6 to Northern Ireland^

a

the reference to subsection (1) of section 80 of the Health and Safety at Work etc. Act 1974 shall have effect as a reference to paragraph (1) of Article 54 of the M58Health and Safety at Work (Northern Ireland) Order 1978, and

b

the reference to Acts passed before that Act shall have effect as a reference to statutory provisions passed or made before the making of that Order.

Part II Transitory modifications of Schedule 3

F1058

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

1

If—

a

no date has been appointed before the commencement of this Act as the date on which the repeal by Schedule 4 to the M59Control of Pollution Act 1974 of the provisions of the M60Radioactive Substances Act 1960 specified in sub-paragraph (2) below (in this paragraph referred to as “the 1974 repeal”) is to come into force, or

b

a date has been appointed which is later than that commencement,

Schedule 3 to this Act shall have effect until the appointed day with the modifications specified in sub-paragraph (3) below.

2

The provisions of the Radioactive Substances Act 1960 referred to in sub-paragraph (1)(a) above are—

a

in paragraph 3 of Schedule 1, the words “seventy-nine”, and

b

paragraph 8A of Schedule 1.

3

The modifications of Schedule 3 to this Act referred to in sub-paragraph (1) above are as follows—

a

in paragraph 1 after “48” there shall be inserted “ 79 ”, and

b

after paragraph 2 there shall be inserted—

2A
Sections 2, 5 and 7 of the Rivers (Prevention of Pollution) Act 1961.

4

In this paragraph “the appointed day” means—

in the case mentioned in paragraph (a) of sub-paragraph (1) above, such day as may be appointed by the Secretary of State by order, and

b

in the case mentioned in paragraph (b) of that sub-paragraph, the date appointed for the purposes of paragraph 17 of Schedule 4 to the Planning (Consequential Provisions) Act 1990.

11

Until the commencement of the repeal by Part II of Schedule 16 to the M62Environmental Protection Act 1990 of subsection (5) of section 30 of the Control of Pollution Act 1974 (or, if the repeal of that subsection comes into force on different days, until the last of those days) Schedule 3 to this Act shall have effect—

a

with the insertion after paragraph 4 of the following paragraph—

4B
The Control of Pollution (Special Waste) Regulations 1980.

b

with the insertion after paragraph 17 of the following paragraph—

17A
The Control of Pollution (Special Waste) Regulations 1980.

12

Until the commencement of the repeal by Part II of Schedule 16 to the M63Environmental Protection Act 1990 of section 124 of the M64Civic Government (Scotland) Act 1982 (or, if the repeal of that section comes into force on different days, until the last of those days) Schedule 3 to this Act shall have effect with the insertion at the end of Part II of the following paragraph—

17B
Section 124 of the Civic Government (Scotland) Act 1982.

F155SCHEDULE 6 Repeals and revocations

~~Section 50.~~

Annotations:

Amendments (Textual)

F155

Sch. 6 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(uu), Sch. 28 (with reg. 1(2), Sch. 4)

Part I Acts of the Parliament of the United Kingdom

~~Chapter~~	~~Short title~~	~~Extent of repeal~~
~~11 & 12~~ ~~Geo.~~ ~~6 c. 37.~~	~~The Radioactive Substances Act 1948.~~	~~The whole Act so far as unrepealed.~~
~~8 & 9~~ ~~Eliz.~~ ~~2 c. 34.~~	~~The Radioactive Substances Act 1960.~~	~~The whole Act.~~
~~1968 c. 47.~~	~~The Sewerage (Scotland) Act 1968.~~	~~In Schedule 1, paragraph 4.~~
~~1973 c. 65.~~	~~The Local Government (Scotland) Act 1973.~~	~~In Schedule 27, in Part II, paragraph 144.~~
~~1979 c. 2.~~	~~The Customs and Excise Management Act 1979.~~	~~In Schedule 4, in Part I of the Table following paragraph 12, the entry relating to the Radioactive Substances Act 1948.~~
~~1980 c. 45.~~	~~The Water (Scotland) Act 1980.~~	~~In Schedule 10, in Part II, the entry relating to the Radioactive Substances Act 1960.~~
~~1984 c. 55.~~	~~The Building Act 1984.~~	~~In Schedule 6, paragraph 7.~~
~~1986 c. 63.~~	~~The Housing and Planning Act 1986.~~	~~In Part II of Schedule 7, paragraph 1.~~
~~1989 c. 15.~~	~~The Water Act 1989.~~	~~In Schedule 25, paragraph 27.~~
~~1990 c. 11.~~	~~The Planning (Conse- quential Provisions) Act 1990.~~	~~In Schedule 2, paragraph 7. In Schedule 4, paragraph 17 and the entry relating to it in the Table in paragraph 1(1).~~
~~1990 c. 43.~~	~~The Environmental Protection Act 1990.~~	~~Sections 100 to 105.Schedule 5.In Schedule 15, paragraph 8.~~
~~1991 c. 46.~~	~~The Atomic Weapons Establishment Act 1991.~~	~~In the Schedule, paragraph 5.~~
~~1991 c. 60.~~	~~The Water Consolidation (Consequential Provisions) Act 1991.~~	~~In Schedule 1, paragraph 9.~~

~~Note: Except as provided in Part II of this Schedule, the repeal of the Radioactive Substances Act 1948 does not extend to Northern Ireland.~~

Part II Repeals in Radioactive Substances Act 1948 extending to Northern Ireland

~~Chapter~~	~~Short title~~	~~Extent of repeal~~
~~11 & 12~~ ~~Geo.~~ ~~6 c. 37.~~	~~The Radioactive Substances Act 1948.~~	Section 2.Section 5(1)(b).In section 7, in subsection (1), the words “except section two” and in subsection (2)(b), the words “(except section two)”.Section 8(7).In section 9(1), the words “or orders”.In section 10, the words “or order” in both places.In section 11, the words from the beginning to “under this Act and”.In section 12, the definitions of “registered dental practitioner”, “registered pharmacist” and “sale by way of wholesale dealing”.Section 14(2)(f).

~~Note: These repeals extend to Northern Ireland only.~~

Part III Northern Ireland legislation

~~Chapter or number~~	~~Short title~~	~~Extent of repeal~~
~~1966 c. 17 (N.I.).~~	~~The Fisheries Act (Northern Ireland) 1966.~~	~~In Schedule 7, the amendments of the Radioactive Substances Act 1960.~~
~~1972 c. 5 (N.I.).~~	~~The Water Act (Northern Ireland) 1972.~~	~~Section 31(1).~~
~~S.I.~~ ~~1973/70 (N.I. 2).~~	~~The Water and Sewerage Services (Northern Ireland) Order 1973.~~	~~In Schedule 3, paragraph 1.~~
~~S.I.~~ ~~1978/1049 (N.I. 19).~~	~~The Pollution Control and Local Government (Northern Ireland) Order 1978.~~	~~In Schedule 4, paragraph 5.~~

Part IV Subordinate legislation

~~Number~~	~~Title~~	~~Extent of revocation~~
~~S.I.~~ ~~1974/1821~~	~~The Radioactive Substances Act 1948 (Modification) Regulations 1974.~~	~~The whole instrument.~~
~~S.I.~~ ~~1980/170~~	~~The Control of Pollution (Special Waste) Regulations 1980~~	~~Regulation 3(2).~~
~~S.R. (N.I.) 1981/252.~~	~~The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.~~	~~Regulation 4(2).~~
~~S.I.~~ ~~1985/1884.~~	~~The Waste Regulation and Disposal (Authorities) Order 1985.~~	~~In Schedule 2, paragraph 2.~~
~~S.I.~~ ~~1991/2539.~~	~~The Control of Pollution (Radioactive Waste) (Scotland) Regulations 1991.~~	~~Regulation 4.~~

TABLE OF DERIVATIONS

Notes:

1. The following abbreviations are used in this Table:—

1960	= The Radioactive Substances Act 1960 (c. 34)
1968 c. 47	= The Sewerage (Scotland) Act 1968 (c. 47)
1973 c. 36	= The Northern Ireland Constitution Act 1973 (c. 36)
1973 c. 65	= The Local Government (Scotland) Act 1973 (c. 65)
1974 c. 40	= The Control of Pollution Act 1974 (c. 40)
1978 c. 30	= The Interpretation Act 1978 (c. 30)
1984 c. 55	= The Building Act 1984 (c. 55)
1986 c. 63	= The Housing and Planning Act 1986 (c. 63)
1989 c. 15	= The Water Act 1989 (c. 15)
1990	= The Environmental Protection Act 1990 (c. 43)
1990 c. 11	= The Planning (Consequential Provisions) Act 1990 (c. 11)
1991 c. 60	= The Water Consolidation (Consequential Provisions) Act 1991 (c. 60)
S.I. 1976/959	= The Control of Pollution (Radioactive Waste) Regulations 1976 (S.I. 1976/959)
S.I. 1980/1709	= The Control of Pollution (Special Waste) Regulations 1980 (S.I. 1980/1709)
S.I. 1985/1884	= The Waste Regulation and Disposal (Authorities) Order 1985 (S.I. 1985/1884)
S.I. 1989/1158	= The Control of Pollution (Radioactive Waste) Regulations 1989 (S.I. 1989/1158)
M (followed by a number)	= The proposal of that number in the Memorandum under the Consolidation of Enactments (Procedure) Act 1949 (16 Dec 1991, HC 148).

2. The Table does not show the effect of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272) or the Transfer of Functions (Radioactive Substances) (Wales) Order 1990 (S.I. 1990/2598).

Provision	Derivation
1	1960 ss. 18(1)—(3A), 21(2)(a); 1990 s. 100(3), Sch. 5 paras. 17, 20(a)(i).
2	1960 s. 18(4).
3	1960 s. 18(5): 1990 Sch. 5 para. 7(2).
4	1960 ss. 11A, 12(7B), 20(a), 21(2)(a), (k), (l); 1990 s. 100, Sch. 5 paras. 13(4), 18(a), 20(a).
5	1960 ss. 8(1)(b), (c), 12(7)(a), 20(b), 21(2)(a); 1990 Sch. 5 paras. 18(a), 20(a)(i).
6	1960 s. 1(1).
7	1960 s. 1(2)—(6); 1990 s. 100(2), Sch. 5 paras. 4(1), 6(1)(a), (b), 11(1).
8	1960 ss. 2, 21(2)(a); 1990 s. 100(2), (3), Sch. 5 para. 20(a)(i).
9	1960 s. 3(1), (2); 1990 Sch. 5 para. 7(1).
10	1960 s. 3(3)—(5); 1990 s. 100(2), Sch. 5 paras 6(2)(a), (b), 7(1), 11(2).
11	1960 ss. 4, 21(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
12	1960 s. 5; 1990 s. 100(2), Sch. 5 para. 6(3).
13	1960 s. 6(1)—(3), (6); 1990 Sch. 5 para. 7(3).
14	1960 s. 7(1)—(3), (5).
15	1960 ss. 6(4), (5), 7(4), 21(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
16	1960 ss. 8(1)—(5), (6), 20(b), 21(2)(a); 1990 s. 100(2), Sch. 5 paras. 1, 4(2), 6(4), 11(3), 18(a), 20(a)(i); M2.
17	1960 s. 8(7), (8); 1990 Sch. 5 para. 1(5); M2.
18	1960 s. 9(3)—(5); 1990 s. 100(2), Sch. 5 para. 2(1).
19	1960 s. 11(3)
20	1960 s. 8A; 1990 Sch. 5 para. 8.
21	1960 s. 11B; 1990 s. 102.
22	1960 s. 11C; 1990 s. 102.
23	1960 ss. 12A, 21(2)(a); 1990 Sch. 5 paras. 12, 20(a)(i).
24	1960 ss. 12B, 21(2)(a), (m); 1990 Sch. 5 paras. 12, 20(a).
25	1960 ss. 1(7), 3(6), 8(5A), 21(2)(a); 1990 Sch. 5 paras. 6(1)(c), (2)(c), (4)(c), 20(a)(i).
26	1960 ss. 11D(1)—(4), (12), 21(2)(a); 1990 Sch. 5 paras. 10, 20(a)(i); M3
27	1960 ss. 11D(5)—(11), 21(2)(a); 1990 Sch. 5 paras. 10, 20(a)(i).
28	1960 ss. 11(1), (4), 11E, 20(f), 21(2)(a); 1990 Sch. 5 paras. 9(2), 10, 18(b), 20(a)(i).
29	1960 ss. 10(1)—(3), 21(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
30	1960 ss. 10(4), (5), 20(e), 21(2)(a), (j); 1978 c. 30 s. 17(2)(a); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
31	1960 s. 12(1)—(6A), (7)(b), (7A), (8), (9), 20(b), 21(2)(a); 1990 s. 100(3), Sch. 5 paras. 2(2), 13, 18(a), 20(a)(i).
32	1960 s. 13(1), (2); 1990 Sch. 5 para. 14(2), (3).
33	1960 s. 13(4A), (5), (6); 1990 Sch. 5 para. 14(5), (7), (8).
34	1960 ss. 13(3), (4), 21(2)(a); 1990 s. 100(3), Sch. 5 paras. 14(4), 20(a)(i).
35	1960 s. 13(5); 1990 Sch. 5 para. 14(6), (7)
36	1960 s. 13(8)
37	1960 s. 13(9); 1990 Sch. 5 para. 14(10).
38	1960 ss. 13(7), 21(3); 1973 c. 36 Sch. 5 para. 7(1); 1990 Sch. 5 para. 14(9).
39	1960 ss. 13A, 21(2)(a); 1990 Sch. 5 paras. 15, 20(a)(i).
40	1960 ss. 9(1), (2), (6), 21(2)(i); 1973 c. 36 Sch. 5 para. 1; 1991 c. 60 Sch. 1 para. 9(2).
41	1990 s. 160; M4.
42	1960 ss. 14, 21(2)(a), (o); 1990 s. 104, Sch. 5 para. 20(a).
43	1960 ss. 15A, 21(2)(a), (n); 1990 s. 101, Sch. 5 para. 20(a).
44	1960 s. 15; 1990 s. 100(3).
45	1960 ss. 15, 21(2)(a), (b), (c); 1990 s. 100(3), Sch. 5 para. 20(a)(i).
46	1960 s. 19(5).
47	1960 ss. 19(1)—(4), 20(a), (c), 21(2)(a), (f), (g); Fisheries Act (Northern Ireland) 1966 (c. 17) Sch. 7; 1973 c. 65 Sch. 27 Part II para. 144; 1978 c. 30 s. 17(2)(a); S.I. 1985/1884 Sch. 2 para. 2; Salmon Act 1986 (c. 62) s. 14(2); 1989 c. 15 Sch. 25 para. 27(3); 1990 Sch. 5 paras. 3, 5, 11(4), 18(a), 20(a).
48- 50
51(1)—(2)
(3)	1960 s. 21(2).
Sch. 1	1960 Sch. 3.
Sch. 2	1960 s. 20(d), Sch. 2.
Sch. 3 Part I	1960 Sch. I Part I; S.I. 1976/959 reg. 4; 1978 c. 30 s. 17(2)(a); 1984 c. 55 Sch. 6 para. 7; 1990 Sch. 15 para. 8; 1990 c. 11 Sch. 2 para. 6; 1991 c. 60 Sch. 1 para. 9(1).
Part II	1960 Sch. 1 Part II; 1968 c. 47 Sch. 1 para. 4; 1980 c. 45 Sch. 10 Part II; 1986 c. 63 Sch. 7 Part II para. 1; 1990 Sch. 5 para. 19(b); Control of Pollution (Radioactive Waste)(Scotland) Regulations 1991 (S.I. 1991/2539) reg. 4.
Part III	1960 Sch. 1 Part III; Fisheries Act (Northern Ireland) 1966 (c. 17) Sch. 7; Water Act (Northern Ireland) 1972 (c. 5) s. 31(1); Water and Sewerage Services (Northern Ireland) Order 1973 (S.I. 1973/70 (N.I. 2)) Sch. 3 para. 1; Pollution Control (Special Waste) Regulations (Northern Ireland) 1981 (S.R. (N.I.) 1981/252)
Sch. 4
Sch. 5 paras. 1—7
para. 8	1990 s. 164(3), Sch. 15 para. 8.
para. 9	1974 c. 40 s. 109(2), Sch. 4.
para. 10	1990 c. 11 Sch. 4 paras. 1, 17.
para. 11	S.I. 1980/1709 reg. 3(2); 1990 s. 164(3).
para. 12	1990 s. 164(3).
Sch. 6