PART 7Miscellaneous provisions

Chapter 3Transitional provisions - former enactments

F1Existing radioactive substances permits72D

1

Paragraph (4) applies to a person (“A”) who was carrying on an activity described in paragraph (2) (“the continuing excluded activity”) or paragraph (3) (“the continuing exempt activity”) immediately before 1st October 2011 and who—

a

continues to carry on that activity after that date; and

b

holds an environmental permit in respect of the activity (“permit A”).

2

The continuing excluded activity referred to in paragraph (1) means an activity which—

a

was a radioactive substances activity immediately before 1st October 2011; but

b

ceases to be such an activity on that date because it was carried on in respect of a substance or article which ceased to be defined as radioactive material or radioactive waste on that date by virtue of the amendments made to the definitions in these Regulations of radioactive material and radioactive waste on that date.

3

The continuing exempt activity referred to in paragraph (1) means an activity—

a

described in paragraph 11(2), 11(4) or 11(5) of Part 2 of Schedule 23 to these Regulations; and

b

in respect of which A—

i

immediately before 1st October 2011, was not exempt under regulation 72 (as it was in force at that time); but

ii

is exempt under a radioactive substances exemption.

4

Where this paragraph applies, subject to paragraph (5), A may surrender any part of permit A that applies to the continuing excluded activity or the continuing exempt activity by notification to the regulator.

5

A notification under paragraph (4) must be made to the regulator on or before 31st March 2012.

6

Regulation 24(3) to (7) applies as if the notification were made under that regulation.