Radioactive Substances Act 1993

1 Meaning of “radioactive material”.

1AMeaning of “radioactive material” and “radioactive waste”

1BNORM industrial activities

1CProcessed radionuclides of natural terrestrial or cosmic origin

1DRadionuclides not of natural terrestrial or cosmic origin

1DADilution to reduce concentration of radioactivity: Northern Ireland

1ERadionuclides with a short half-life

1FRadionuclides not of natural terrestrial or cosmic origin in background radioactivity

1GContaminated substances or articles

1GAHistoric radium contamination: Northern Ireland

1HSubstances or articles after disposal

1JVariation of tables in Schedule 1A

2 Meaning of “radioactive waste”.

3 Meaning of “mobile radioactive apparatus”.

Inspectors and chief inspector

4 Inspectors and chief inspector appointed by Secretary of State.

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

Registration relating to use of radioactive material and mobile radioactive apparatus

6 Prohibition of use of radioactive material without registration.

7 Registration of users of radioactive material.

8 Exemptions from registration under s. 7.

9 Prohibition of use of mobile radioactive apparatus without registration.

10 Registration of mobile radioactive apparatus.

11 Exemptions from registration under s. 10.

12 Cancellation and variation of registration.

Authorisation of disposal and accumulation of radioactive waste

13 Disposal of radioactive waste.

14 Accumulation of radioactive waste.

14ARadioactive waste: requirements to be imposed on persons authorised to dispose of and accumulate radioactive waste: Northern Ireland

15 Further exemptions from ss. 13 and 14.

16Grant of authorisations.

16ATransfer of authorisations

17 Revocation and variation of authorisations.

17AReview of authorisations and inspection of premises authorised in this Act

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

Further obligations relating to registration or authorisation

19 Duty to display documents.

20 Retention and production of site or disposal records.

Enforcement notices and prohibition notices

21 Enforcement notices.

22 Prohibition notices.

Powers of Secretary of State in relation to applications etc.

23 Power of Secretary of State to give directions to chief inspector.

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

25 Power of Secretary of State to restrict knowledge of applications etc.

26Registrations, authorisations and notices: appeals from decisions of chief inspector.

27 Procedure on appeals unders. 26.

28 Representations in relation to authorisations and notices where appropriate Minister is concerned.

Further powers of Secretary of State in relation to radioactive waste

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

30Power of Secretary of State to dispose of radioactive waste.

30ARecovery and disposal of orphan sources

Rights of entry

31Rights of entry and inspection.

32 Offences relating to registration or authorisation.

33 Offences relating to ss. 19 and 20.

34 Disclosure of trade secrets.

34AOffences of making false or misleading statements or false entries.

35 Obstruction.

36 Offences by bodies corporate.

37 Offence due to another’s fault.

38 Restriction on prosecutions.

Public access to documents and records

39 Public access to documents and records.

Operation of other statutory provisions

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

41 Service of documents.

42Application of Act to Crown.

43 Fees and charges.

44 Regulations and orders: Great Britain.

45 Regulations and orders: Northern Ireland.

46 Effect of Act on other rights and duties.

47 General interpretation provisions.

48 Index of defined expressions.

49 Consequential amendments and transitional and transitory provisions.

51 Short title, commencement and extent.

SCHEDULE 1Specified elements

SCHEDULE 1ATables of NORM industrial activities, radionuclides and summation rules

SCHEDULE 2 Exercise of rights of entry and inspection

1A person entering upon any premises in the exercise of...

2Where it is shown to the satisfaction of a justice...

3A justice of the peace shall not grant a warrant...

4Every warrant granted under this Schedule shall remain in force...

5Any person who, in the exercise of a power conferred...

6Before a person carries out any test on any premises,...

7Any power of entry conferred by this Act shall, if...

8Any power of entry, or of carrying out tests or...

9In this Schedule any reference to a case of emergency...

10This Schedule shall have effect in relation to Scotland with...

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

Part I England and Wales

1Sections 48, 81, 82, 141, 259 and 261 of the...

2Section 16 of the Clean Air Act 1993.

3. . . . . . . . . . . .

4Section 4 of the Salmon and Freshwater Fisheries Act 1975....

5Section 59 of the Building Act 1984.

6The Planning (Hazardous Substances) Act 1990.

7Part III of the Environmental Protection Act 1990.

8Sections 72, 111 and 113(6) and Chapter III of Part...

9Sections 82, 84, 85, 86, 87(1), 88(2) , 92, 93,...

10Section 18 of the Water Act 1945 so far as...

10ASection 155 of the Marine and Coastal Access Act 2009....

10BThe Environmental Permitting Regulations , insofar as they relate to...

Part II Scotland

11Sections . . . 32, 41, 42 and 116 of...

12Section 16 of the Clean Air Act 1993.

13The Sewerage (Scotland) Act 1968.

14The Planning (Hazardous Substances) (Scotland) Act 1997 .

15Section 201 of the Local Government (Scotland) Act 1973.

16Sections 30A , 30B, 30D, 41 to 42B and 56(1)...

17Sections 70, 71 and 75 of the Water (Scotland) Act...

17APart III of the Environmental Protection Act 1990.

Part III Northern Ireland

18Sections 50, 51 and 58 of the Public Health (Ireland)...

19Section 26 of the Public Health Acts Amendment Act 1890....

20Sections 35, 46, 49 and 51 of the Public Health...

21Sections 26, 47 and 124 of the Fisheries Act (Northern...

22Articles 5, 7, 9 7A , 14, 16 and 30...

23Articles 112, 168 and 170(5) and Chapter III of Part...

24The Clean Air (Northern Ireland) Order 1981.

25The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.

26Part 7 of the Clean Neighbourhoods and Environment Act (Northern...

SCHEDULE 4 Consequential amendments

The Continental Shelf Act 1964 (c. 29)

1In section 7 of the Continental Shelf Act 1964, for...

The Nuclear Installations Act 1965 (c. 57)

2In section 4(1)(d) of the Nuclear Installations Act 1965, for...

The Control of Pollution Act 1974 (c. 40)

3In section 56(6) of the Control of Pollution Act 1974,...

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

4In article 36(4) of the Pollution Control and Local Government...

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

5In section 4(1) of the Atomic Energy (Miscellaneous Provisions) Act...

The Environmental Protection Act 1990 (c. 43)

6In section 28(2) of the Environmental Protection Act 1990, for...

7In section 78 of that Act, for “Radioactive Substances Act...

8In section 142(7) of that Act, for “the Radioactive Substances...

9In section 156 of that Act, for “Radioactive Substances Act...

The Atomic Weapons Establishment Act 1991 (c. 46)

10After paragraph 10 of the Schedule to the Atomic Weapons...

The Water Resources Act 1991 (c. 57)

11In section 98 of the Water Resources Act 1991—

SCHEDULE 5 Transitional and transitory provisions

Part I General transitional provisions and savings

1The substitution of this Act for the enactments repealed by...

2Any reference, whether express or implied, in this Act or...

3Any document made, served or issued after the commencement of...

4Paragraphs 2 and 3 have effect without prejudice to the...

5The power to amend or revoke the subordinate legislation reproduced...

6Subsection (1) of section 80 of the Health and Safety...

7In the application of paragraph 6 to Northern Ireland^

Part II Transitory modifications of Schedule 3

8(1) If— (a) no date has been appointed before the...

9(1) If— (a) no date has been appointed before the...

10(1) If— (a) no date has been appointed before the...

11Until the commencement of the repeal by Part II of...

12Until the commencement of the repeal by Part II of...

SCHEDULE 6 Repeals and revocations

Part I Acts of the Parliament of the United Kingdom

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

Part III Northern Ireland legislation

Part IV Subordinate legislation

TABLE OF DERIVATIONS

Royal arms

Radioactive Substances Act 1993

1993 CHAPTER 12

F1 F2X1An Act to consolidate certain enactments relating to radioactive substances with corrections and minor improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[27th May 1993]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—