The Justification of Practices Involving Ionising Radiation Regulations 2004

[F1 Approvals and requirements for practices

21E.— (1) A person must not carry out a particular imaging practice unless the Justifying Authority has granted an approval to that person in respect of that particular imaging practice (an “Approval”) and the Justifying Authority has not withdrawn the Approval.

(2) A person may apply to the Justifying Authority for an Approval in respect of a particular imaging practice.

(3) The Justifying Authority must in any Approval it grants set out requirements, including criteria for implementation, with which the person must comply in carrying out the particular imaging practice.

(4) In establishing the requirements to be contained in an Approval, the Justifying Authority must consult—

(a) the other persons listed in regulation 6(1); and

(b) any of the persons listed in regulation 18(1)(a) whom the Justifying Authority considers it appropriate to consult.

(5) The Justifying Authority may serve a notice on a person if the Justifying Authority is of the opinion that the person is not complying with the requirements contained in that person’s Approval in carrying out the particular imaging practice to which the Approval relates (a “warning notice”).

(6) The warning notice must specify—

(a) the matters constituting the failure to comply with the requirements in the Approval;

(b) the steps that must be taken to remedy the failure to comply; and

(c) the period within which those steps must be taken, which must be no less than 28 days unless in the opinion of the Justifying Authority it is necessary for those steps to be taken more quickly.

(7) The Justifying Authority may by notice withdraw an Approval from a person if—

(a) the Justifying Authority has served a warning notice on that person;

(b) the period specified in the warning notice for taking the steps to remedy the failure has passed; and

(c) the Justifying Authority is of the opinion that the person has not taken the steps specified in the warning notice to remedy the failure to comply.

(8) Where the Justifying Authority has withdrawn an Approval from a person under paragraph (7), the Justifying Authority may subsequently grant a new Approval to that person in respect of the same or any other particular imaging practice.

(9) The Justifying Authority may alter the requirements in an Approval if—

(a) the Justifying Authority has consulted the person who holds the Approval;

(b) the Justifying Authority has served a notice on the person who holds the Approval (an “alteration notice”); and

(c) the alteration notice contains—

(i) the new requirements for the particular imaging practice; and

(ii) the date, which must be later than the date of the alteration notice, from which those new requirements are to apply.]

Textual Amendments

F1 Pt. 7A inserted (18.4.2018) by The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018 (S.I. 2018/430), regs. 1, 17