The Ionising Radiations Regulations 2017

Regulation 41

SCHEDULE 8 E+W+S Transitional provisions and savings

1.—(1) In this Schedule— E+W+S

“the 1999 Regulations” means the Ionising Radiations Regulations 1999 M1 ;

“restated provision” means any provision of these Regulations so far as it corresponds (with or without modification) to a provision of the 1999 Regulations;

“superseded provision” means any provision of the 1999 Regulations as it has effect immediately before 1st January 2018 so far as it corresponds (with or without modification) to a provision of these Regulations.

(2) In this Schedule references to things done include references to things omitted to be done.

Marginal Citations

M1 S.I. 1999/3232; relevant amending instruments are S.I. 2001/2626, S.I. 2001/2975, S.I.2008//960, S.I. 2010/675, S.I. 2011/1043, S.I. 2013/755, S.I. 2014/469, S.I. 2014/3248 and S.I. 2016/1154.

2.—(1) Any thing done, or having effect as if done, under or for the purposes of any superseded provision, if effective immediately before 1st January 2018, has effect, so far as is required for continuing its effect on and after that date, as if done under or for the purposes of the corresponding restated provision. E+W+S

(2) Paragraph (1) does not apply in relation to an authorisation granted or notification made under the 1999 Regulations.

(3) The specific provisions in paragraphs 3 to 10 are not to be taken to affect the generality of paragraph (1).

3.  Where on or before 5th February 2018 an employer commences work in respect of which a notification is required under regulation 5(2), it will be sufficient compliance with that regulation if the employer notifies the appropriate authority and provides the particulars required under regulation 5(2) on or before 5th February 2018. E+W+S

4.  In paragraph 3 “ appropriate authority” has the same meaning as set out in regulation 5(6). E+W+S

5.  Where on or before 5th February 2018 a person carries out a registrable practice (within the meaning of regulation 6(1)) it will be sufficient compliance with regulation 6(3) if the person completes the registration procedure under that regulation on or before 5th February 2018. E+W+S

6.  A person who carries out a practice requiring consent under regulation 7 on or before 5th February 2018 is deemed to have been granted consent to carry out that practice under regulation 7(2) until 5th February 2018. E+W+S

7.  Where an employer has, in respect of an employee, applied the dose limits set out in paragraphs 9 to 11 of Schedule 4 to the 1999 Regulations in accordance with the requirements of regulation 11(2) of those Regulations and those dose limits have effect immediately before 1st January 2018, the appropriate authority is deemed to have approved, for the purposes of regulation 12(2) of these Regulations, the application of the dose limits, in respect of that employee, set out in paragraphs 9 to 11 of Schedule 3 to these Regulations. E+W+S

8.  In paragraph 7— E+W+S

(a) “appropriate authority” has the same meaning as set out in regulation 12(4);

(b) the deemed approval granted by that paragraph is valid until the end of 5th February 2018.

9.  A radiation passbook approved for the purposes of the 1999 Regulations and issued on or before 30th April 2018 in respect of a classified outside worker employed by an employer in Great Britain and which was at that date valid remains valid for such time as the worker to whom the passbook relates continues to be employed by the same employer. E+W+S

10.  Where a superseded provision provides a period of time within which an aggrieved person may apply for a decision to be reviewed, that period of time continues to apply on and after 1st January 2018 in relation to any decision notified to the aggrieved person before 1 January 2018. E+W+S