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Radioactive Substances Act 1960 (repealed 27.8.1993)
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Changes over time for: Section 10
Version Superseded: 27/08/1993
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- 01/02/1991- Amendment
- 06/03/1991
Point in time - Stop date 27/08/1993- Amendment
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10 Additional facilities and powers for disposal and accumulation of radioactive waste. U.K.
(1)If it appears to the [F1Secretary of State] that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the [F1Secretary of State] may provide such facilities, or may arrange for the provision thereof by such persons as the [F1Secretary of State] may think fit.
(2)Where, in the exercise of the power conferred by the preceding subsection, the [F1Secretary of State]proposes to provide, or to arrange for the provision of, a place for the disposal or accumulation of radioactive waste, the [F1Secretary 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 [F1Secretary 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 [F1Secretary of State], may 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)If there is radioactive waste on any premises, and the [F1Secretary 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 [F1Secretary of State]exercises his powers under this subsection,
the [F1Secretary of State]shall have power to dispose of that radioactive waste as the [F1Secretary of State]may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner thereof, any expenses reasonably incurred by the [F1Secretary of State]in disposing of it.
(5)The definition of “owner” in section three hundred and forty-three of the M1Public Health Act 1936, and the provisions of section two hundred and ninety-four of that Act (which limits the liability of owners who are only agents or trustees), shall apply for the purposes of this section, with the substitution in the said section two hundred and ninety-four of references to the [F1Secretary of State]for references to a council, . . . F2
Textual Amendments
F1Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 100(3)
F2Words repealed by S.I. 1966/1305
Modifications etc. (not altering text)
C1S. 10 amended by S.I. 1990/2598, art. 2
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