SCHEDULE 23Radioactive substances activities

PART 5The HASS Directive

SECTION 3Exercise of relevant functions and matters in relation to orphan sources

General5

1

In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with the following provisions of the HASS Directive—

a

Article 3(2) and (3);

b

Article 4;

c

Article 5(1) and (2);

d

Article 6;

e

subject to sub-paragraph (2), Article 7(1) and (2).

2

In relation to a high-activity source placed on the market before 31st December 2005, sub-paragraph (1)(e) has effect as if it referred to the provisions contained in Article 16(1)(b) of the HASS Directive.

Records and inspections6

In relation to a high-activity source, the regulator must—

a

keep records of those matters—

i

required by Article 5(3) and (4) of the HASS Directive, and

ii

notified to it under Article 6 of that Directive, and

b

establish or maintain a system of inspections to enforce the following provisions of the HASS Directive—

i

Articles 3 to 6;

ii

as appropriate, Article 7(1) and (2) or Article 16(1)(b).

Training and information7

1

In relation to a high-activity source, the appropriate training and adequate information required by the Ionising Radiations Regulations 1999143 must include—

a

specific requirements for the safe management of such a source,

b

particular emphasis on the necessary safety requirements in relation to such a source, and

c

specific information on possible consequences of the loss of adequate control of such a source.

2

The training and information on the matters in sub-paragraph (1) must be repeated at regular intervals and documented, with a view to preparing the employees and other persons referred to in those Regulations for such matters.

Orphan sources8

1

The regulator must—

a

be prepared, or have made provision (including the assignment of responsibilities), to recover any orphan source, and

b

have drawn up appropriate response plans and measures.

2

The regulator may recover any expenses reasonably incurred by it in the recovery and disposal of an orphan source from—

a

the person carrying on the radioactive substances activity involving that source, or

b

the occupier or owner of the premises where the source is located.

3

In relation to sub-paragraph (2)—

a

“owner” has the same meaning as in section 343 of the Public Health Act 1936, and

b

the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees) apply but as if reference in that section to a council recovering expenses under that Act were to the regulator recovering expenses under sub-paragraph (2).