Radioactive Substances Act 1993

39 Public access to documents and records. E+W+S

[F1 (1) The [F2 appropriate Agency] shall keep copies of—

(a) all applications made to [F3 it] under any provision of this Act,

(b) all documents issued by [F3 it] under any provision of this Act,

(c) all other documents sent by [F3 it] 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 [F3 the 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 [F4 information] 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 [F2 appropriate 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.]

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 S. 39 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(ll), Sch. 28 (with reg. 1(2), Sch. 4)

F2 Words in s. 39 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

F3 Words in s. 39(1) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 223(1)(a)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4 Words in s. 39(1) substituted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 223(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

Modifications etc. (not altering text)

C1 S. 39(1): functions of a Minister of the Crown, so far as they are exercisable by him in or as regards Scotland, now exercisable(1.7.1999) by the Scottish Ministers concurrently with the Minister concerned and only after consultation with the Secretary of State by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7)

39 Public access to documents and records. N.I.

(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.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.