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- Point in Time (02/12/1991)
- Original (As enacted)
Version Superseded: 27/08/1993
Point in time view as at 02/12/1991. This version of this provision has been superseded.
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[F1(1)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 this section in respect of that apparatus or is exempted from registration under this 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.
(3)Any application for registration under this section shall be accompanied by the prescribed fee and shall be made to the chief inspector, specifying—
(a)the apparatus to which the application relates, and
(b)the manner in which it is proposed to use the apparatus,
and containing such other information as may be prescribed.]
(4)Where an application is made to the [F2chief inspector]for registration under this section in respect of any apparatus, the [F2chief inspector]may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the [F2chief inspector]thinks fit, or may refuse the application.
[F3(4A)On any application being made the chief inspector shall, subject to any directions under this section, 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.]
[F4(4B)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 [F2chief inspector]shall furnish him with a certificate containing all material particulars of the registration. [F5and (subject to directions under this section) shall 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.]
[F6(6)The Secretary of State may direct the chief inspector that, in his opinion, on grounds of national security, it is necessary that knowledge of—
(a)any particular application for registration under this section or applications of any description specified in the directions, or
(b)any particular registration or registrations of any description so specified,
should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section.]
Textual Amendments
F1S. 3 (1)–(3) substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 7(1)
F2Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 100(2)
F3S. 3(4A) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 6(2)(a)
F4S. 3(4B) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 11(2)
F5Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 6(2)(b)
F6S. 3(6) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 6(2)(c)
Modifications etc. (not altering text)
C1S. 3 excluded (E.W.S.) by S.I. 1985/1049, art. 6(1)(2) and excluded for Northern Ireland by S.R. 1986/12, art. 8(1)(2)
C2S. 3 amended by S.I. 1990/2598, art. 2
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