The Justification of Practices Involving Ionising Radiation Regulations 2004

Justifying Authority

This section has no associated Explanatory Memorandum

6.—(1) In these Regulations, “the Justifying Authority” means such of the following persons as may exercise a function under these Regulations—

(a)the Secretary of State;

(b)the Scottish Ministers;

(c)a Northern Ireland department;

(d)the [F1Welsh Ministers].

[F2(1A) A person must not exercise functions under these Regulations in relation to a practice, except those listed in paragraph (1B), unless that person is functionally separate from all other persons concerned with the promotion or utilisation of that practice.

(1B) The functions referred to in paragraph (1A) are those of—

(a)receiving applications under regulation 13(1);

(b)maintaining the register under regulation 19(1);

(c)making the register available to the public under regulation 19(3);

(d)carrying out reviews and publishing reports under regulation 28.]

(2) [F3In addition to the limitation in paragraph (1A), the] exercise of functions under these Regulations by the Justifying Authority, except those of receiving applications under regulation 13(1) or being consulted under regulation 18(2), shall be [F4further] limited as provided in regulation 14(2) and as set out below—

(a)any function may be exercised by the Secretary of State;

(b)functions may be exercised by the Scottish Ministers only insofar as justifying the class or type of practice involved falls within devolved competence [F5, within the meaning of section 54 of the Scotland Act 1998];

(c)functions may be exercised by a Northern Ireland department only in relation to Northern Ireland and insofar as justifying the class or type of practice involved is a transferred matter;

(d)functions may be exercised by the [F6Welsh Ministers] only insofar as [F7justifying the class or type of practice involved falls within devolved competence, within the meaning of section 58A of the Government of Wales Act 2006].

(3) Where in these Regulations the Justifying Authority is obliged to perform a function, that obligation shall fall as follows—

(a)on the Scottish Ministers, a Northern Ireland department, or the [F8Welsh Ministers], insofar as they may perform that function, having regard to paragraph (2) and to regulation 14(2); and otherwise

(b)on the Secretary of State.

(4) In these Regulations—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“the Scottish Ministers” has the meaning prescribed by section 44 of the Scotland Act 1998;

(c)“transferred matter” has the meaning prescribed by section 4 of the Northern Ireland Act 1998 M1;

(d)“Scotland” has the meaning prescribed by section 126 of the Scotland Act 1998;

(e)“Northern Ireland” has the meaning prescribed by section 98(1) of the Northern Ireland Act 1998;

(f)“Northern Ireland department” has the meaning prescribed by section 21 of the Northern Ireland Act 1998;

(g)“Wales” has the meaning prescribed by [F10section 158 of the Government of Wales Act 2006] [F11;

(h)“the Welsh Ministers” has the meaning prescribed by section 45 of the Government of Wales Act 2006]

Textual Amendments

Marginal Citations

M11998 c. 47, to which there are amendments not relevant to these Regulations.