Radioactive Substances Act 1960 (repealed 27.8.1993)

Changes over time for: Section 8

Version Superseded: 27/08/1993

Alternative versions:

01/02/1991- Amendment
02/12/1991
Point in time
Stop date 27/08/1993- Amendment

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Point in time view as at 02/12/1991. This version of this provision has been superseded.

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8 Supplementary provisions as to authorisation of disposal and accumulation of radioactive waste. U.K.

(1)The power to grant authorisations under subsection (1) of section six of this Act in respect of the disposal of radioactive waste on or from—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b)any premises situated on a site in respect of which a nuclear site licence is for the time being in force, or

(c)any premises situated on a site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end,

shall be exercisable by the [F2chief inspector]and the Minister of Agriculture, Fisheries and Food; and the disposal of radioactive waste on or from any such premises shall not be treated as authorised thereunder unless it is so authorised by both [F3the chief inspector and the Minister].

(2)Before granting an authorisation to which the preceding subsection applies, the [F2chief inspector]and the Minister of Agriculture, Fisheries and Food shall each consult with [F4such local authorities, river boards, local fisheries][F4such local authorities, local fisheries]committees, statutory water undertakers or other public or local authorities as appear to him to be proper to be consulted by him.

(3)Subject to the preceding provisions of this section, the power to grant authorisations under section six or section seven of this Act shall be exercisable by the [F2chief inspector].

[F5(3A)Any application for an authorisation shall be accompanied by the prescribed fee.]

[F6(3B)An application for an authorisation under section six or section seven of this Act (other than an application to which subsection (1) of this section applies) 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 such longer period as may be agreed with the applicant.]

(4)Any authorisation under section six or section seven of this Act may be granted either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation; and any such authorisation may be granted subject to such limitations or conditions as the [F7chief inspector or, as the case may be, the chief inspector and the Minister]think fit.

[F8(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, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.]

(5)On granting any such authorisation, the [F9chief inspector or, as the case may be, the chief inspector and the Minister]—

(a)shall furnish the person to whom the authorisation is granted with a certificate containing all material particulars of the authorisation; and

(b)shall [F10, subject to any directions under this section,] send a copy of the certificate to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and, in the case of an authorisation to which subsection (1) of this section applies, to any other public or local authority consulted in relation thereto in accordance with subsection (2) of this section.

[F11(5A)The Secretary of State or, as the case may be the Secretary of State and the Minister of Agriculture, Fisheries and Food may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of—

(a)any particular application for authorisation under section six or section seven of this Act or applications of any description specified in the directions, or

(b)any particular authorisation under section six or section seven of this Act or authorisations of any description so specified,

should be restricted; and where it appears to the chief inspector that an application or authorisation is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of authorisation, as the case may be, to any public or local authority under any provision of this section.]

(6)Any such authorisation shall have effect as from such date as may be specified therein: and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in paragraph (b) of [F12subsection (5) of this section] the [F13chief inspector or, as the case may be, the chief inspector and the Minister]—

(a)shall have regard to the time at which those copies may be expected to be sent, and

(b)shall fix a date appearing to him or them to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,

unless in his or their opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.

(7)The [F14chief inspector or, as the case may be, the chief inspector and the Minister]by whom an authorisation has been granted under section six or section seven of this Act may at any time revoke the authorisation, or may vary it—

(a)where the authorisation has effect without limitations or conditions, by attaching limitations or conditions thereto;

(b)where the authorisation has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions thereto.

(8)On revoking or varying an authorisation granted under section six or section seven of this Act, the [F14chief inspector or, as the case may be, the chief inspector and the Minister]shall give notice thereof to the person to whom the authorisation was granted, and, if a copy of the certificate of authorisation was sent to a public or local authority in accordance with paragraph (b) of subsection (5) of this section, shall send a copy of the notice to that authority.

Textual Amendments

F1S. 8(1)(a) repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. V

F2Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 100(2)

F3Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 1(2)

F4Words “such local authorities, local fisheries” substituted (E.W.) for the words from “such local authorities” to “local fisheries” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 25 para. 27(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58