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Radioactive Substances Act 1993
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- 1993 c. 12
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- Section 26
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26 Registrations, authorisations and notices: appeals from decisions of [F1appropriate Agency].E+W+S
[F2(1)Where the [F1appropriate Agency]—
(a)refuses an application for registration under section 7 or 10, or refuses an application for an authorisation under section 13 or 14,
[F3(aa)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—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)under subsection (1) or (2) in respect of any decision taken by the [F1 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 F5. . . 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;
[F6(c)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.
F7(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.]
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.
Textual Amendments
F1Words in s. 26 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2S. 26 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)(z), Sch. 28 (with reg. 1(2), Sch. 4)
F3S. 26(1)(aa) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(1); S.I. 2004/1973, art. 2, Sch.
F4S. 26(3)(a) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 214(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F5Words in s. 26(4) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 214(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F6S. 26(5)(c)(d) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(2); S.I. 2004/1973, art. 2, Sch.
F7S. 26(5A) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(6), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
Modifications etc. (not altering text)
C1S. 26: power to delegate functions conferred (E.W.S.) (1.4.1996) by 1995 c.25, s. 114(2)(a)(vi) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
26 Registrations, authorisations and notices: appeals from decisions of chief inspector.N.I.
(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,
[F3(aa)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;
[F6(c)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.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.
Textual Amendments
F3S. 26(1)(aa) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(1); S.I. 2004/1973, art. 2, Sch.
F6S. 26(5)(c)(d) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(2); S.I. 2004/1973, art. 2, Sch.
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