The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/ Euratom, 96/29/ Euratom, 97/43/Euratom and 2003/122/Euratom (“the Basic Safety Standards Directive”). Most of the transposition measures are being dealt with by amending or replacing existing statutory instruments. These Regulations transpose provisions of the Basic Safety Standards Directive that cannot be transposed within existing statutory regimes.

Part 2 of the Regulations imposes duties on the “appropriate minister”, which is defined in regulation 3 as the Scottish Ministers, the Welsh Ministers or a Northern Ireland department (where the function to be exercised is devolved, or the Secretary of State (in relation to England or, where the function is reserved, the United Kingdom as a whole). The duties are to ensure that certain functions are carried out in relation to exposures from contaminated land and exposures from buildings or contaminated commodities.

Regulation 4(3) requires the appropriate minister to ensure that reference levels are set for land which cannot be disregarded from a radiation protection point of view following radioactive contamination as a result of an emergency or past practice or past work activity. Regulation 4(4) also requires the appropriate minister to put in place appropriate arrangements to ensure that exposure from ionising radiation is controlled on land which has been contaminated as a result of an emergency or past practice or past work activity. These arrangements are intended to establish normal living conditions and must be in place before habitation or economic or social activities can be resumed on the land.

Regulation 4(2) excludes these duties while action is still required to be taken on the land under emergency plans set out in the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (S.I. 2001/2975) or the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001 (S.R. (N.I.) 2001/436).

Regulation 5 places a duty on the appropriate minister to ensure that specified information is provided to members of the public who have been exposed to ionising radiation from a designated site.

Regulation 6 places a duty on the appropriate minister to ensure certain steps are taken where evidence is received by any of the Scottish Ministers, the Welsh Ministers, a Northern Ireland department or the Secretary of State concerning indoor public exposure from building material which has been incorporated into buildings or concerning public exposure to contaminated commodities. The steps include measures to identify and evaluate the level of risk to the public, and the establishment of strategies to ensure that identified risks are managed. Any strategies which are established must set objectives, set appropriate reference levels and be developed and implemented taking into account the requirements of Article 102 of the Basic Safety Standards Directive.

Regulation 7 requires certain steps to be taken where building material containing potentially concerning levels of radioactivity is present in the United Kingdom. The Secretary of State must ensure that the activity concentrations of the building material are determined before it is placed on the market. Where the gamma radiation dose liable to be given by the building material is more than 1 millisievert per year, the Scottish Ministers, the Welsh Ministers, a Northern Ireland department and the Secretary of State must each exercise their functions to take appropriate measures, for example by restricting the use to which the building material can be put.

Regulation 8 concerns indoor exposure to radon, and requires the Secretary of State to establish reference levels to inform decisions and actions relating to public radon exposure. The Secretary of State is also required by regulation 9 to publish information on radon, its health risks, its measurement, and how radon levels may be reduced.

Regulation 10 requires the Secretary of State to establish a national radon action plan that addresses the risks of buildings being penetrated by radon. The plan must be updated at least once every five years and must take into account various specific considerations listed in Annex XVIII to the Basic Safety Standards Directive.

Regulation 11 requires measures to be in place to prevent radon ingress into new buildings. The duty is imposed on each of the Scottish Ministers, the Welsh Ministers, a Northern Ireland department and the Secretary of State. Regulation 12 requires the Secretary of State to identify areas subject to high radon concentrations in buildings.

Regulations 13 and 14 concern orphan sources. An orphan source is a particular source of radiation which should be but is not under regulatory control, for example because it has been lost or stolen. The Scottish Ministers, the Welsh Ministers, a Northern Ireland department and the Secretary of State must each arrange for the raising of awareness about orphan sources, and issue guidance on what should be done about orphan sources. They must also ensure that an appropriate course of action is organised to recover orphan sources.

A transposition note is submitted with the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.