Radioactive Substances Act 1993

• Citation: 1993 c. 12
• Sections: 129

Section 1 Meaning of “radioactive material”.

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Section 1A Meaning of “radioactive material” and “radioactive waste”

In this Act, except as provided by sections 1E, 1F, 1G , 1GA and 1H—

“radioactive material” means a substance or article which is not waste, and which satisfies the requirements of any of sections 1B, 1C and 1D as they apply to such a substance or article;

“radioactive waste” means a substance or article which is waste, and which satisfies the requirements of any of sections 1B, 1C and 1D; and

“Table 1”, “Table 2”, “Table 3” and “Table 4” mean the tables with those numbers in Schedule 1A.

Section 1B NORM industrial activities

(1) Subsection (2) applies to a substance or article which—

(a) arises from or is used in a NORM industrial activity listed in Part 1 of Table 1;

(b) is waste which arises from a NORM industrial activity listed in Part 2 of Table 1; or

(c) is contaminated by a substance or article described in paragraph (a) or (b), including where such contamination occurs indirectly through another contaminated substance or article.

(2) A substance or article to which this subsection applies is radioactive material or radioactive waste where it has a concentration of radioactivity which exceeds the following values in Table 2—

(a) for a solid substance or article or a relevant liquid substance, the value specified in column 2;

(b) for any other liquid substance, the value specified in column 3; or

(c) for a gaseous substance, the value specified in column 4.

Section 1C Processed radionuclides of natural terrestrial or cosmic origin

A substance or article is radioactive material or radioactive waste where—

(a) it contains one or more of the radionuclides of natural terrestrial or cosmic origin which are listed in column 1 of Table 3;

(b) the substance or article—

(i) is processed or is intended to be processed for the radioactive, fissile or fertile properties of those radionuclides; or

(ii) is contaminated by a substance or article to which sub-paragraph (i) applies, including where such contamination occurs indirectly through another contaminated substance or article; and

(c) the substance or article is—

(i) a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 3; or

(ii) any other liquid or a gas.

Section 1D Radionuclides not of natural terrestrial or cosmic origin

A substance or article which contains one or more radionuclides that are not of natural terrestrial or cosmic origin is radioactive material or radioactive waste where—

(a) it is a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 3; or

(b) it is any other liquid or a gas.

Section 1E Radionuclides with a short half-life

A substance or article is not radioactive material or radioactive waste where none of the radionuclides which it contains or which it consists of has a half-life exceeding 100 seconds.

Section 1F Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

(1) A substance or article is not radioactive material or radioactive waste where—

(a) it is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—

(i) are not of natural terrestrial or cosmic origin; and

(ii) are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom; and

(b) in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste under this Act.

(2) In this section, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.

Section 1G Contaminated substances or articles

(1) Subject to subsection (2), a substance or article is not radioactive material where—

(a) it is contaminated, but has not been so contaminated with the intention of utilising its radioactive, fissile or fertile properties; and

(b) in the absence of such contamination, the substance or article would not otherwise be radioactive material under this Act.

(2) Subsection (1) only applies while the substance or article is kept on the premises on which the contamination occurred.

Section 1H Substances or articles after disposal

(1) Subject to subsections (2) and (3), a substance or article is not radioactive material or radioactive waste during the excluded period where—

(a) the substance or article has been disposed of lawfully, and at the time of the disposal no further act of disposal is intended in respect of it; or

(b) the substance or article—

(i) is contaminated by a substance or article to which paragraph (a) applies, including where such contamination occurs indirectly through another contaminated substance or article;

(ii) in the absence of such contamination, would not otherwise be radioactive material or radioactive waste under this Act; and

(iii) is not contaminated with the intention of using its radioactive, fissile or fertile properties.

(2) In subsection (1), “the excluded period” means the period—

(a) beginning at the relevant start time; and

(b) ending in the circumstances specified in subsection (4).

(3) The relevant start time is—

(a) where the substance or article has been disposed of and—

(i) is solid at the time of the disposal;

(ii) is disposed of by burial (whether underground or otherwise) on premises in relation to which an authorisation under section 13 of this Act is held at the time of disposal; and

(iii) is disposed of in accordance with that authorisation,

the time of the revocation of that authorisation;

(b) where the substance or article is contaminated by a substance or article to which paragraph (a) applies, including where such contamination occurs indirectly through another contaminated substance or article, the time of the revocation of the authorisation referred to in paragraph (a)(ii); or

(c) in relation to any other substance or article—

(i) the time of the disposal of it; or

(ii) where the substance or article is one to which subsection (1)(b) applies, the time of the disposal of the substance or article that caused it, directly or indirectly, to be contaminated.

(4) The excluded period ends where, after the beginning of the excluded period, the substance or article is subject to a process which leads to an increase in the radiation exposure of the public or any plant or animal, at the time of that increase.

Section 1J Variation of tables in Schedule 1A

The Department of the Environment may by order vary the provisions of Table 2 and Table 3, either by adding further entries to any column of those tables or by altering or deleting any entry for the time being contained in any column.

Section 1DA Dilution to reduce concentration of radioactivity: Northern Ireland

For the purposes of section 1B, 1C and 1D, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in section 1B(2), 1C(c)(i) or 1D(a), if a person has deliberately diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value.

Section 1GA Historic radium contamination: Northern Ireland

A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

(a) the substance or article contains Ra-226 or its progeny;

(b) in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste under this section;

(c) the contamination occurred prior to 13 May 2000; and

(d) the concentration of Ra-226 and any progeny resulting from the decay of Ra-226 does not exceed the following values—

(i) for a substance or article which is a solid or a substance which is relevant a liquid, 1Bq/g;

(ii) for a substance which is any other liquid, 1Bq/l; or

(iii) for a substance which is a gas, 0.01 Bq/m 3 .

Section 2 Meaning of “radioactive waste”.

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Section 3 Meaning of “mobile radioactive apparatus”.

In this Act “ mobile radioactive apparatus ” means any apparatus, equipment, appliance or other thing which is radioactive material and—

(a) is constructed or adapted for being transported from place to place, or

(b) is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms.

Section 4 Inspectors and chief inspector appointed by Secretary of State.

(1) The Secretary of State may appoint as inspectors, to assist him in the execution of this Act, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient.

(2) For the purposes of this Act the Secretary of State shall—

(a) appoint one of those inspectors to be chief inspector for England and Wales, and

(b) appoint one of them to be chief inspector for Scotland.

(3) A person may be appointed both as an inspector or as chief inspector under this section and as an inspector or as chief inspector under section 16 of the Environmental Protection Act 1990.

(4) The chief inspector may, to any extent, delegate his functions under this Act to any other inspector appointed under this section.

(5) The Secretary of State may make to or in respect of any person appointed by him under this section such payments, by way of remuneration, allowances or otherwise, as he may, with the approval of the Treasury, determine.

(6) In England and Wales, an inspector appointed under this section, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under this Act.

(7) In the application of this section to Northern Ireland—

(a) references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland,

(b) the reference in subsection (5) to the Treasury shall have effect as a reference to the Department of Finance and Personnel in Northern Ireland,

(c) the reference in subsection (3) to section 16 of the Environmental Protection Act 1990 shall have effect as a reference to section 10 of the Alkali, &c. Works Regulation Act 1906,

(d) subsections (2) and (6) shall not apply;

and the Department of the Environment for Northern Ireland shall appoint one of the inspectors appointed by it under subsection (1) to be the chief inspector for Northern Ireland.

Section 5 Appointment of inspectors by Minister of Agriculture, Fisheries and Food.

(1) For the purposes of the execution of this Act in relation to any premises in England which are situated on a nuclear site, the Minister of Agriculture, Fisheries and Food may appoint as inspectors such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient.

(2) The Minister of Agriculture, Fisheries and Food may make to or in respect of any person appointed by him under this section such payments, by way of remuneration, allowances or otherwise, as he may, with the approval of the Treasury, determine.

(3) This section shall have effect in relation to Northern Ireland as it has effect in relation to England, but with the substitution—

(a) for references to the Minister of Agriculture, Fisheries and Food of references to the Department of Agriculture for Northern Ireland, and

(b) for the reference to the Treasury of a reference to the Department of Finance and Personnel in Northern Ireland.

Section 6 Prohibition of use of radioactive material without registration.

No person shall, on any premises which are used for the purposes of an undertaking carried on by him, keep or use, or cause or permit to be kept or used, radioactive material of any description, knowing or having reasonable grounds for believing it to be radioactive material, unless either—

(a) he is registered under section 7 in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

(b) he is exempted from registration under that section in respect of those premises and in respect of the keeping and use on those premises of radioactive material of that description, or

(c) the radioactive material in question consists of mobile radioactive apparatus in respect of which a person is registered under section 10 or is exempted from registration under that section.

Section 7 Registration of users of radioactive material.

(1) Any application for registration under this section shall be made to the chief inspector and shall—

(a) specify the particulars mentioned in subsection (2),

(b) contain such other information as may be prescribed, and

(c) be accompanied by the prescribed fee.

(2) The particulars referred to in subsection (1)(a) are—

(a) the premises to which the application relates,

(b) the undertaking for the purposes of which those premises are used,

(c) the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used on the premises at any one time, and

(d) the manner (if any) in which radioactive material is proposed to be used on the premises.

(3) On any application being made under this section, the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area the premises are situated.

(4) Subject to the following provisions of this section, where an application is made to the chief inspector for registration under this section in respect of any premises, the chief inspector may either—

(a) register the applicant in respect of those premises and in respect of the keeping and use on those premises of radioactive material of the description to which the application relates, or

(b) if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use on those premises of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c) refuse the application.

(5) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(6) Any registration under this section in respect of any premises may (subject to subsection (7)) be effected subject to such limitations or conditions as the chief inspector thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions—

(a) conditions imposing requirements (including, if the chief inspector thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used on any part of the premises for the purposes of any use of radioactive material from which radioactive waste is likely to arise,

(b) conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the chief inspector with information as to the removal of radioactive material from those premises to any other premises, and

(c) conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark—

(i) indicating that it is radioactive material, or

(ii) if the conditions so require, indicating the description of radioactive material to which it belongs,

and (in either case) complying with any relevant requirements specified in the conditions.

(7) In the exercise of any power conferred on him by subsection (4) or (6), the chief inspector ..., shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

(7A) Subsection (7) does not apply—

(a) in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or

(b) in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).

(8) On registering a person under this section in respect of any premises, the chief inspector—

(a) shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and

(b) subject to directions under section 25, shall send a copy of the certificate to each local authority in whose area the premises are situated.

Section 8 Exemptions from registration under s. 7.

(1) At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to subsection (2)) is exempted from registration under section 7 in respect of any premises situated on that site and in respect of the keeping and use on those premises of radioactive material of every description.

(2) Where, in the case of any such premises as are mentioned in subsection (1), it appears to the chief inspector that, if the licensee had been required to apply for registration under section 7 in respect of those premises, the chief inspector would have imposed conditions such as are mentioned in paragraph (b) or (c) of subsection (6) of that section, the chief inspector may direct that the exemption conferred by subsection (1) of this section shall have effect subject to such conditions (being conditions which in the opinion of the chief inspector correspond to those which he would so have imposed) as may be specified in the direction.

(3) On giving a direction under subsection (2) in respect of any premises, the chief inspector shall furnish the licensee with a copy of the direction.

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(6) The Secretary of State may by order grant further exemptions from registration under section 7, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order.

(7) Any exemption granted by an order under subsection (6) may be granted subject to such limitations or conditions as may be specified in the order.

(8) In the application of this section to Northern Ireland, the reference in subsection (6) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Section 9 Prohibition of use of mobile radioactive apparatus without registration.

(1) No person shall, for the purpose of any activities to which this section applies—

(a) keep, use, lend or let on hire mobile radioactive apparatus of any description, or

(b) cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire,

unless he is registered under section 10 in respect of that apparatus or is exempted from registration under that section in respect of mobile radioactive apparatus of that description.

(2) This section applies to activities involving the use of the apparatus concerned for—

(a) testing, measuring or otherwise investigating any of the characteristics of substances or articles,or

(b) releasing quantities of radioactive material into the environment or introducing such material into organisms.

Section 10 Registration of mobile radioactive apparatus.

(1) Any application for registration under this section shall be made to the chief inspector and—

(a) shall specify—

(i) the apparatus to which the application relates, and

(ii) the manner in which it is proposed to use the apparatus,

(b) shall contain such other information as may be prescribed, and

(c) shall be accompanied by the prescribed fee.

(2) Where an application is made to the chief inspector for registration under this section in respect of any apparatus, the chief inspector may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the chief inspector thinks fit, or may refuse the application.

(3) On any application being made the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

(4) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

(5) On registering a person under this section in respect of any mobile radioactive apparatus, the chief inspector—

(a) shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and

(b) shall, subject to directions under section 25, send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.

Section 11 Exemptions from registration under s. 10.

(1) The Secretary of State may by order grant exemptions from registration under section 10, by reference to such classes of persons, and such descriptions of mobile radioactive apparatus, as may be specified in the order.

(2) Any exemption granted by an order under subsection (1) may be granted subject to such limitations or conditions as may be specified in the order.

(3) In the application of this section to Northern Ireland, the reference to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Section 12 Cancellation and variation of registration.

(1) Where any person is for the time being registered under section 7 or 10, the chief inspector may at any time cancel the registration, or may vary it—

(a) where the registration has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b) where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the registration.

(1A) The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.

(2) On cancelling or varying a registration by virtue of this section, the chief inspector shall—

(a) give notice of the cancellation or variation to the person to whom the registration relates, and

(b) if a copy of the certificate was sent to a local authority in accordance with section 7(8) or 10(5), send a copy of the notice to that local authority.

Section 13 Disposal of radioactive waste.

(1) Subject to section 15, no person shall, except in accordance with an authorisation granted in that behalf under this subsection, dispose of any radioactive waste on or from any premises which are used for the purposes of any undertaking carried on by him, or cause or permit any radioactive waste to be so disposed of, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste.

(2) Where any person keeps any mobile radioactive apparatus for the purpose of its being used in activities to which section 9 applies, he shall not dispose of any radioactive waste arising from any such apparatus so kept by him, or cause or permit any such radioactive waste to be disposed of, except in accordance with an authorisation granted in that behalf under this subsection.

(3) Subject to subsection (4) and to section 15, where any person, in the course of the carrying on by him of an undertaking, receives any radioactive waste for the purpose of its being disposed of by him, he shall not, except in accordance with an authorisation granted in that behalf under this subsection, dispose of that waste, or cause or permit it to be disposed of, knowing or having reasonable grounds for believing it to be radioactive waste.

(4) The disposal of any radioactive waste does not require an authorisation under subsection (3) if it is waste which falls within the provisions of an authorisation granted under subsection (1) or (2), and it is disposed of in accordance with the authorisation so granted.

(5) In relation to any premises which—

(a) are situated on a nuclear site, but

(b) have ceased to be used for the purposes of an undertaking carried on by the licensee,

subsection (1) shall apply (subject to section 15) as if the premises were used for the purposes of an undertaking carried on by the licensee.

Section 14 Accumulation of radioactive waste.

(1) Subject to the provisions of this section and section 15, no person shall, except in accordance with an authorisation granted in that behalf under this section, accumulate any radioactive waste (with a view to its subsequent disposal) on any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so accumulated, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste.

(2) Where the disposal of any radioactive waste has been authorised under section 13, and in accordance with that authorisation the waste is required or permitted to be accumulated with a view to its subsequent disposal, no further authorisation under this section shall be required to enable the waste to be accumulated in accordance with the authorisation granted under section 13.

(3) Subsection (1) shall not apply to the accumulation of radioactive waste on any premises situated on a nuclear site.

(4) For the purposes of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, keeping or use of that material is accumulated in a part of the premises appropriated for the purpose, and is retained there for a period of not less than three months, that substance shall, unless the contrary is proved, be presumed—

(a) to be radioactive waste, and

(b) to be accumulated on the premises with a view to the subsequent disposal of the substance.

Section 14A Radioactive waste: requirements to be imposed on persons authorised to dispose of and accumulate radioactive waste: Northern Ireland

(1) The chief inspector shall require a person who holds an authorisation to carry on the radioactive substances activity described in section 13(3) (disposal of radioactive waste) or section 14(2) (accumulation of radioactive waste) to—

(a) achieve and maintain an optimal level of protection of members of the public;

(b) accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

(c) check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

(d) seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

(2) In this section “radioactive waste adviser” means a person with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the chief inspector.

Section 15 Further exemptions from ss. 13 and 14.

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(1A) The circumstances referred to in subsection (1) are that—

(a) no radionuclide other than tritium, promethium 147 or radium 226 is present in any clock or watch on the premises (whether or not any radioactive waste arises from it),

(b) no such clock or watch contains more than one of those radionuclides, and

(c) either subsection (1B) or (1C) is satisfied.

(1B) This subsection is satisfied if the total quantity of tritium divided by 10 9 , plus the total quantity of promethium 147 divided by 10 7 , plus the total quantity of radium 226 divided by 10 4 , in all such clocks and watches does not exceed 1 (quantity in each case measured in becquerels).

(1C) This subsection is satisfied if—

(a) all such clocks and watches fall within a description specified in the first column of the table below,

(b) radioactive waste arises from no more than five of them,

(c) none of those five gives rise to a quantity of radioactive waste exceeding the figure in the third column of the Table corresponding to the relevant radionuclide listed in the second column.

(i) Watches bearing radioluminescent deposits and intended to be worn or carried on the person

Tritium

Promethium 147

Radium 226

2.8 x 10 8

5.5 x 10 6

5.6 x 10 3

(ii) Clocks bearing radioluminescent deposits

Tritium

Promethium 147

Radium 226

3.7 x 10 8

7.4 x 10 6

7.4 x 10 3

(iii) Clocks or watches requiring greater luminosity than categories (i) or (ii) above, and having their dials marked at the time of manufacture with “T 25” (tritium), “Pm 0.5” (Promethium 147) or “Ra 1.5” (Radium 226)

Tritium

Promethium 147

Radium 226

9.3 x 10 8

1.9 x 10 7

5.6 x 10 4

(iv) Watches containing small sealed glass tubes internally coated with a phosphor and filled with tritium gas

(2) The Secretary of State may by order exempt particular descriptions of radioactive waste from any of the provisions of section 13 or 14, either absolutely or subject to limitations or conditions; and accordingly such of those provisions as may be specified in an order under this subsection shall not apply to a disposal or accumulation of radioactive waste if it is radioactive waste of a description so specified, and (where the exemption is subject to limitations or conditions) the limitations or conditions specified in the order are complied with.

(3) In the application of this section to Northern Ireland, the reference to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Section 16 Grant of authorisations.

(1) In this section, unless a contrary intention appears, “ authorisation ” means an authorisation granted under section 13 or 14.

(2) Subject to subsection (3), the power to grant authorisations shall be exercisable by the chief inspector.

(3) In England, Wales and Northern Ireland, the power to grant authorisations under section 13(1) in respect of the disposal of radioactive waste on or from any premises situated on a nuclear site shall be exercisable by the chief inspector and the appropriate Minister; and the disposal of radioactive waste on or from any such premises in England, Wales or Northern Ireland shall not be treated as authorised under section 13(1) unless it is so authorised by both the chief inspector and that Minister.

(4) Any application for an authorisation shall be accompanied by the prescribed fee.

(5) Before granting an authorisation under section 13(1) in respect of the disposal of radioactive waste on or from premises situated on a nuclear site, the chief inspector and, where the premises are in England, Wales or Northern Ireland, the appropriate Minister shall each consult with such local authorities, relevant water bodies or other public or local authorities as appear to him to be proper to be consulted by him.

(6) On receipt of an application , the chief inspector shall, subject to directions under section 25, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.

(7) An application for an authorisation (other than an application to which subsection (3) applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.

(8) An authorisation may be granted—

(a) either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation, and

(b) subject to such limitations or conditions as the chief inspector or, as the case may be, the chief inspector and the appropriate Minister think fit.

(8A) In exercising the functions under this Act in relation to radioactive material and radioactive waste, the chief inspector shall observe the requirements of Article 30(4) of the Basic Safety Standards Directive.

(8B) This subsection applies where the chief inspector is exercising functions under this Act in relation to radioactive substances activity where there are no radioactive discharges specified in conditions in the authorisation—

(a) the chief inspector shall impose appropriate conditions in the authorisation concerning—

(i) the monitoring, or the evaluation, of radioactive airborne or aqueous discharges into the environment; and

(ii) the reporting to the chief inspector of the results of such monitoring or evaluation;

(b) for the purposes of this subsection, where the chief inspector is exercising functions under this Act in relation to a nuclear power station or nuclear reprocessing plant, the conditions imposed in the authorisation shall require the monitoring of radioactive discharges and reporting to the chief inspector of such information on radioactive discharges as the appropriate Minister directs; and

(c) notification and recording of significant events to ensure compliance with Article 96 of the Basic Safety Standards Directive.

(9) Where any authorisation is granted, the chief inspector—

(a) shall furnish the person to whom the authorisation is granted with a certificate which contains all material particulars of the authorisation or gives sufficient information as to the particulars to enable them to be ascertained, and

(b) shall, subject to directions under section 25, send a copy of the certificate—

(i) to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and

(ii) in the case of an authorisation to which subsection (5) applies, to any other public or local authority consulted in relation to the authorisation in accordance with that subsection.

(10) An authorisation shall have effect as from such date as may be specified in it; and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in subsection (9)(b), the chief inspector or, as the case may be, the chief inspector and the appropriate Minister—

(a) shall have regard to the time at which those copies may be expected to be sent, and

(b) shall fix a date appearing to him or them to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect,

unless in his or their opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited.

Section 16A Transfer of authorisations

(1) This section applies where—

(a) a person (“ the transferor ”) holds an authorisation granted under section 13 in respect of the disposal of radioactive waste on or from premises situated on a nuclear site; and

(b) an application is made under this section for a transfer (in whole or in part) of that authorisation to another person (“ the transferee ”).

(2) An application under this section is one which—

(a) is made to the authorising authority jointly by the transferor and the transferee;

(b) is accompanied by the appropriate amount; and

(c) in the case of an application for a transfer relating to part only of the premises, identifies the part in question.

(3) The appropriate amount for the purposes of subsection (2) is—

(a) if the application is made to the appropriate Agency, the amount of the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and

(b) if it is made to the chief inspector, the prescribed fee.

(4) The authorising authority must, on receipt of the application (but subject to directions under section 25 and to subsection (6)), send a copy of the application to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the application relates.

(5) Before granting the application, the authorising authority must (subject to subsection (6)) consult everyone whom it would have been required to consult under section 16(4A) and (5) if—

(a) the transferee had applied for the grant of the authorisation that he would hold were the application to be granted; and

(b) in the case of a partial transfer, the transferor had applied for the grant (in place of his existing authorisation) of the authorisation he would hold in those circumstances.

(6) The authorising authority may proceed with the application without—

(a) sending a copy of the application to a local authority mentioned in subsection (4), or

(b) consulting an authority or body mentioned in section 16(5) about the proposed transfer,

if it appears to the authorising authority that arrangements for the disposal of radioactive waste are unlikely to be changed, as a result of the transfer, in a way that would be of interest to that authority or body.

(7) The authorising authority may grant the application if, and only if, it is satisfied—

(a) that the transferee has or will have operational control over the disposals to which the transferred authorisation will relate;

(b) that he is able and willing to ensure compliance with the limitations and conditions of the authorisation that he will hold if the application is granted; and

(c) that no other grounds exist on which it would be reasonable to refuse to grant the application.

(8) Where the authorising authority grants the application, it must—

(a) fix the date from which the transfer applied for is to have effect;

(b) furnish the transferee with a certificate which contains all material particulars of the authorisation he holds as a result of the transfer or gives sufficient information as to the particulars to enable them to be ascertained;

(c) in the case of a partial transfer, furnish the transferor with a similar certificate as respects the authorisation he holds as a result of the transfer; and

(d) subject to directions under section 25, send a copy of the certificate furnished to the transferee, and of any certificate furnished to the transferor—

(i) to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the certificate relates; and

(ii) to every person consulted about the transfer under so much of subsection (5) as requires consultation in accordance with section 16(5).

(9) The time fixed as the time from which the transfer is to have effect must be not less than twenty-eight days after the day (if any) on which the authorising authority, when it fixes that time, expects copies of the certificates mentioned in paragraph (d) of subsection (8) to be sent out in accordance with that paragraph.

(10) Subsection (9) does not apply if, in the opinion of the authorising authority, it is necessary for the transfer to have immediate effect or otherwise to be expedited.

(11) In this section “ authorising authority ”—

(a) in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and

(b) in relation to an authorisation having effect in Northern Ireland, means the chief inspector.

Section 17 Revocation and variation of authorisations.

(1) The chief inspector may at any time revoke an authorisation granted under section 13 or 14.

(2) The chief inspector may at any time vary an authorisation granted under section 13 or 14—

(a) where the authorisation has effect without limitations or conditions, by attaching limitations or conditions to it, or

(b) where the authorisation has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions to the authorisation.

(2ZA) The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the authorisation.

(2ZB) But where an application for the variation of an authorisation is made by that person, it must be accompanied—

(a) in the case of an application made to the appropriate Agency, by the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and

(b) in the case of an application to the chief inspector, by the prescribed fee.

(3) Where any authorisation granted under section 13 or 14 is revoked or varied, the chief inspector—

(a) shall give notice of the revocation or variation to the person to whom the authorisation was granted, and

(b) if a copy of the certificate of authorisation was sent to a public or local authority in accordance with section 16(9)(b), shall send a copy of the notice to that authority.

(4) In relation to an authorisation granted by the chief inspector and the appropriate Minister, references in subsections (1) and (2) to the chief inspector shall have effect as references to the chief inspector and that Minister.

Section 17A Review of authorisations and inspection of premises authorised in this Act

(1) The authorising authority—

(a) must carry out periodic reviews of the limitations and conditions attached to each authorisation under section 13 or 14; ...

(b) may, at any other time, carry out any such additional review of the limitations and conditions attached to an authorisation under either of those sections as it thinks fit ;

(c) shall make appropriate periodic inspections of premises for which an authorisation was granted in accordance with section 13 or 14 of this Act; and

(d) when establishing an inspection programme for the purposes of subparagraph (1)(c) in relation to radioactive substances activities, shall take into account the potential magnitude and nature of the hazard associated with such activities, a general assessment of radiation protection issues in the activities, and the state of compliance with the requirements of this Act.

(1A) Where the chief inspector makes an inspection of an undertaking that is a radioactive substances activity, the chief inspector shall—

(a) record the findings of that inspection; and

(b) communicate those findings to the operator of the authorised premises.

(2) In this section—

“ the authorising authority ”—

in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and

in relation to an authorisation having effect in Northern Ireland, means the chief inspector;

“ periodic reviews ”, in relation to an authorisation, means reviews at such regular intervals as the authorising authority thinks fit in the case of that authorisation.

Section 18 Functions of public and local authorities in relation to authorisations under s. 13.

(1) If, in considering an application for an authorisation under section 13, it appears to the chief inspector (or, in a case where the power to grant the authorisation is exercisable by the chief inspector and the appropriate Minister, it appears to either the chief inspector or that Minister) that the disposal of radioactive waste to which the application relates is likely to involve the need for special precautions to be taken by a local authority, relevant water body or other public or local authority, the chief inspector or the appropriate Minister, as the case may be, shall consult with that public or local authority before granting the authorisation.

(2) Where a public or local authority take any special precautions in respect of radioactive waste disposed of in accordance with an authorisation granted under section 13, and those precautions are taken—

(a) in compliance with the conditions subject to which the authorisation was granted, or

(b) with the prior approval of the chief inspector (or, where the authorisation was granted by the chief inspector and the appropriate Minister, with the prior approval of either the chief inspector or that Minister) as being precautions which in the circumstances ought to be taken by that public or local authority,

the public or local authority shall have power to make such charges, in respect of the taking of those precautions, as may be agreed between that authority and the person to whom the authorisation was granted, or as, in default of such agreement, may be determined by the chief inspector, and to recover the charges so agreed or determined from that person.

(3) Where an authorisation granted under section 13 requires or permits radioactive waste to be removed to a place provided by a local authority as a place for the deposit of refuse, it shall be the duty of that local authority to accept any radioactive waste removed to that place in accordance with the authorisation, and, if the authorisation contains any provision as to the manner in which the radioactive waste is to be dealt with after its removal to that place, to deal with it in the manner indicated in the authorisation.

Section 19 Duty to display documents.

At all times while—

(a) a person is registered in respect of any premises under section 7, or

(b) an authorisation granted in respect of any premises under section 13(1) or 14 is for the time being in force,

the person to whom the registration relates, or who holds the authorisation , as the case may be, shall cause copies of the certificate of registration or authorisation issued to him under this Act to be kept posted on the premises, in such characters and in such positions as to be conveniently read by persons having duties on those premises which are or may be affected by the matters set out in the certificate.

Section 20 Retention and production of site or disposal records.

(1) The chief inspector may, by notice served on any person to whom a registration under section 7 or 10 relates or who holds an authorisation under section 13 or 14 , impose on him such requirements authorised by this section in relation to site , source transfer or disposal records kept by that person as the chief inspector may specify in the notice.

(2) The requirements that may be imposed on a person under this section in relation to site or disposal records are—

(a) to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation, or

(b) to furnish the chief inspector with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation.

(3) In relation to authorisations under section 13 so far as the power to grant or revoke such authorisations is exercisable by the chief inspector and the appropriate Minister, references in subsections (1) and (2) of this section to the chief inspector shall be construed as references to the chief inspector and that Minister.

(4) In this section, in relation to a registration and the person registered or an authorisation and the person authorised—

“ the activities regulated ” by his registration or authorisation means—

in the case of registration under section 7, the keeping or use of radioactive material,

in the case of registration under section 10, the keeping, using, lending or hiring of the mobile radioactive apparatus,

in the case of an authorisation under section 13, the disposal of radioactive waste, and

in the case of an authorisation under section 14, the accumulation of radioactive waste,

“ records ” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation, and “ site records ” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept , source transfer records” means records relating to the transfer of control of high-activity sources and “ disposal records ” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on, and

“ specified ” means specified in a notice under this section.

Section 21 Enforcement notices.

(1) Subject to the provisions of this section, if the chief inspector is of the opinion that a person to whom a registration under section 7 or 10 relates or who holds an authorisation under section 13 or 14 —

(a) is failing to comply with any limitation or condition subject to which the registration or authorisation has effect, or

(b) is likely to fail to comply with any such limitation or condition,

he may serve a notice under this section on that person.

(2) A notice under this section shall—

(a) state that the chief inspector is of that opinion,

(b) specify the matters constituting the failure to comply with the limitations or conditions in question or the matters making it likely that such a failure will occur, as the case may be, and

(c) specify the steps that must be taken to remedy those matters and the period within which those steps must be taken.

(3) In the case of an authorisation granted by the chief inspector and the appropriate Minister in accordance with section 16(3), the power to issue notices under this section shall be exercisable by the chief inspector or by that Minister as if references in subsections (1) and (2) to the chief inspector were references to the chief inspector or that Minister.

(4) Where a notice is served under this section the chief inspector or, where the notice is served by the appropriate Minister, that Minister shall—

(a) in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b) in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b) or 16A(8)(d) ,

send a copy of the notice to that authority.

Section 22 Prohibition notices.

(1) Subject to the provisions of this section, if the chief inspector is of the opinion, as respects the keeping or use of radioactive material or of mobile radioactive apparatus, or the disposal or accumulation of radioactive waste, by a person in pursuance of a registration or authorisation under this Act, that the continuing to carry on that activity (or the continuing to do so in a particular manner) involves an imminent risk of pollution of the environment or of harm to human health, he may serve a notice under this section on that person.

(2) A notice under this section may be served whether or not the manner of carrying on the activity in question complies with any limitations or conditions to which the registration or authorisation in question is subject.

(3) A notice under this section shall—

(a) state the chief inspector’s opinion,

(b) specify the matters giving rise to the risk involved in the activity, the steps that must be taken to remove the risk and the period within which those steps must be taken, and

(c) direct that the registration or authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect.

(4) Where the registration or authorisation is not wholly suspended by the direction given under subsection (3), the direction may specify limitations or conditions to which the registration or authorisation is to be subject until the notice is withdrawn.

(5) In the case of an authorisation granted by the chief inspector and the appropriate Minister in accordance with section 16(3), the power to issue and withdraw notices under this section shall be exercisable by the chief inspector or by the appropriate Minister as if references in subsections (1) and (3) to the chief inspector were references to the chief inspector or that Minister.

(6) Where a notice is served under this section the chief inspector or, where the notice is served by the appropriate Minister, that Minister shall—

(a) in the case of a registration, if a certificate relating to the registration was sent to a local authority under section 7(8) or 10(5), or

(b) in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under section 16(9)(b) or 16A(8)(d) ,

send a copy of the notice to that authority.

(7) The chief inspector or, where the notice was served by the appropriate Minister, that Minister shall, by notice to the recipient, withdraw a notice under this section when he is satisfied that the risk specified in it has been removed; and on so doing he shall send a copy of the withdrawal notice to any public or local authority to whom a copy of the notice under this section was sent.

Section 23 Power of Secretary of State to give directions to chief inspector.

(1) The Secretary of State may, if he thinks fit in relation to—

(a) an application for registration under section 7 or 10,

(b) an application for an authorisation under section 13 or 14 or for the transfer (in whole or in part) or variation of an authorisation , or

(c) any such registration or authorisation,

give directions to the chief inspector requiring him to take any of the steps mentioned in the following subsections in accordance with the directions.

(2) A direction under subsection (1) may require the chief inspector so to exercise his powers under this Act as—

(a) to refuse an application for registration or authorisation or for the transfer (in whole or in part) or variation of an authorisation ,

(b) to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or

(c) to vary a registration or authorisation, as may be so specified, or

(ca) to grant an application for the transfer (in whole or in part) of an authorisation, or

(cb) to carry out a review under section 17A, or

(d) to cancel or revoke (or not to cancel or revoke) a registration or authorisation.

(3) The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 21 or 22 in such terms as may be specified in the directions.

(4) The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.

(5) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

(6) In Northern Ireland, where the Department of the Environment gives directions to the chief inspector under this section for the purpose of implementing provisions of the HASS Directive the following requirements apply—

(a) any direction shall be published in such manner as the Department considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by it;

(b) copies of a direction shall be made available to the public;

(c) notice of a direction and of where a copy may be obtained shall be given in the Belfast Gazette;

(d) a direction shall be given only after consultation with the chief inspector; and

(e) no direction shall be varied or revoked unless, notwithstanding the variation or revocation, the provisions of the HASS Directive as they have effect for the time being which were implemented by that direction, continue to be implemented, whether by directions or any other instrument or by any enactment.

Section 24 Power of Secretary of State to require certain applications to be determined by him.

(1) The Secretary of State may—

(a) give general directions to the chief inspector requiring him to refer applications under this Act for registrations , authorisations, transfers or variations of any description specified in the directions to the Secretary of State for his determination, and

(b) give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination.

(2) Where an application is referred to the Secretary of State in pursuance of directions given under this section, the Secretary of State may cause a local inquiry to be held in relation to the application.

(3) The following provisions shall apply to inquiries in pursuance of subsection (2)—

(a) in England and Wales, subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) but with the omission, in subsection (4) of that section, of the words “such local authority or”,

(b) in Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c) in Northern Ireland, Schedule 8 to the Health and Personal Services (Northern Ireland) Order 1972 (provisions as to inquiries).

(4) After determining any application so referred, the Secretary of State may give the chief inspector directions under section 23 as to the steps to be taken by him in respect of the application.

(5) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Section 25 Power of Secretary of State to restrict knowledge of applications etc.

(1) The Secretary of State may direct the appropriate Agency that in his opinion, on grounds of national security, it is necessary that knowledge of such information as may be specified or described in the directions, being information contained in or relating to —

(a) any particular application for registration under section 7 or 10 or applications of any description specified in the directions, or

(b) any particular registration or registrations of any description so specified,

should be restricted.

(2) The Secretary of State . . . may direct the appropriate Agency that in his . . . opinion, on grounds of national security, it is necessary that knowledge of such information as may be specified or described in the directions, being information contained in or relating to —

(a) any particular application for authorisation under section 13 or 14 or for the transfer (in whole or in part) or variation of an authorisation or applications of any description specified in the directions, or

(b) any particular authorisation under either of those sections or authorisations of any description so specified,

should be restricted.

(3) Where it appears to the appropriate Agency that an application, registration or authorisation is the subject of any directions under this section, the appropriate Agency shall not send a copy of so much of the application or the certificate of registration or authorisation or notice of variation as contains the information specified or described in the directions —

(a) to any local authority under any provision of section 7 or 10, or

(b) to any public or local authority under any provision of section 16 16A or 17 .

(3A) No direction under this section shall affect—

(a) any power or duty of the Agency to which it is given to consult the Food Standards Agency ; or

(b) the information which is to be sent by that Agency to the Food Standards Agency .

(3B) In the application of this section to Scotland, the references in subsection (3A) to the Food Standards Agency are to be read as references to Food Standards Scotland.

(4) In the application of this section to Northern Ireland—

(a) references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b) in subsection (2), the reference to England shall have effect as a reference to Northern Ireland and the reference to the Minister of Agriculture, Fisheries and Food shall have effect as a reference to the Department of Agriculture for Northern Ireland.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 26 Registrations, authorisations and notices: appeals from decisions of chief inspector.

(1) Where the chief inspector—

(a) refuses an application for registration under section 7 or 10, or refuses an application for an authorisation under section 13 or 14,

(aa) refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,

(b) attaches any limitations or conditions to such a registration or to such an authorisation, or

(c) varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

(d) cancels such a registration or revokes such an authorisation,

the person directly concerned may, subject to subsection (3), appeal to the Secretary of State.

(2) A person on whom a notice under section 21 or 22 is served may, subject to subsections (3) and (4), appeal against the notice to the Secretary of State.

(3) No appeal shall lie—

(a) under subsection (1) in relation to authorisations which are subject to section 16(3);

(b) under subsection (1) or (2) in respect of any decision taken by the chief inspector in pursuance of a direction of the Secretary of State under section 23 or 24.

(4) No appeal shall lie under subsection (2) in respect of any notice served in England, Wales or Northern Ireland by the appropriate Minister in exercise of the power under section 21 or 22.

(5) In this section “ the person directly concerned ” means—

(a) in relation to a registration under section 7 or 10, the person applying for the registration or to whom the registration relates;

(b) in relation to an authorisation under section 13 or 14, the person applying for the authorisation or to whom it was granted;

(c) in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;

(d) in relation to an application for a variation under section 17, the person applying for the variation.

and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions to it either in effecting or granting it or in exercising any power to vary it.

(6) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Section 27 Procedure on appeals unders. 26.

(1) The Secretary of State may refer any matter involved in an appeal under section 26 to a person appointed by him for the purpose.

(2) An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.

(3) If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

(4) On determining an appeal from a decision of the chief inspector under section 26 the Secretary of State—

(a) may affirm the decision,

(b) where that decision was the refusal of an application, may direct the chief inspector to grant the application,

(c) where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or

(d) where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,

and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) he may give directions to the chief inspector as to the limitations and conditions to be attached to the registration or authorisation in question.

(5) On the determination of an appeal in respect of a notice under section 26(2), the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.

(6) The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.

(7) The Secretary of State may by regulations make provision with respect to appeals under section 26 (including in particular provision as to the period within which appeals are to be brought).

(8) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Section 28 Representations in relation to authorisations and notices where appropriate Minister is concerned.

(1) Before the chief inspector and the appropriate Minister—

(a) refuse an application for an authorisation under section 13, or

(b) attach any limitations or conditions to such an authorisation, or

(c) vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or

(d) revoke such an authorisation,

the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and that Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and that Minister.

(2) In subsection (1)—

(a) “ the person directly concerned ”, in relation to an authorisation under section 13, means the person applying for the authorisation or the person to whom the authorisation was granted, as the case may be, and

(b) any reference to attaching limitations or conditions to such an authorisation is a reference to attaching limitations or conditions to it either in granting the authorisation or in the exercise of any power to vary it.

(3) The appropriate Minister shall afford to any person—

(a) on whom he has served a notice under section 21 or 22, and

(b) who requests a hearing within the prescribed period,

an opportunity to appear before and be heard by a person appointed by him for the purpose.

(4) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Section 29 Provision of facilities for disposal or accumulation of radioactive waste.

(1) If it appears to the Secretary of State that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the Secretary of State may provide such facilities, or may arrange for their provision by such persons as the Secretary of State may think fit.

(2) Where, in the exercise of the power conferred by this section, the Secretary of State proposes to provide, or to arrange for the provision of, a place for the disposal or accumulation of radioactive waste, the Secretary of State, before carrying out that proposal, shall consult with any local authority in whose area that place would be situated, and with such other public or local authorities (if any) as appear to him to be proper to be consulted by him.

(3) The Secretary of State may make reasonable charges for the use of any facilities provided by him, or in accordance with arrangements made by him, under this section, or, in the case of facilities provided otherwise than by the Secretary of State, may direct that reasonable charges for the use of the facilities may be made by the person providing them in accordance with any such arrangements.

(4) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Section 30 Power of Secretary of State to dispose of radioactive waste.

(1) If there is radioactive waste on any premises, and the Secretary of State is satisfied that—

(a) the waste ought to be disposed of, but

(b) by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the Secretary of State exercises his powers under this section,

the Secretary of State shall have power to dispose of that radioactive waste as the Secretary of State may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner of the premises, any expenses reasonably incurred by the Secretary of State in disposing of it.

(2) In the application of subsection (1) to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

(3) For the purposes of this section in its application to England and Wales and Northern Ireland, the definition of “owner” in section 343 of the Public Health Act 1936, and the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees), shall apply—

(a) with the substitution in section 294 for references to a council of references to the Secretary of State or, in Northern Ireland, the Department of the Environment for Northern Ireland, and

(b) in relation to Northern Ireland, as if that Act extended to Northern Ireland.

(4) For the purposes of this section in its application to Scotland, the definition of “owner” in section 3 of the Public Health (Scotland) Act 1897 and the provisions of section 336 of the Housing (Scotland) Act 1987 shall apply, with the substitution in section 336 of references to the Secretary of State for references to a local authority.

Section 30A Recovery and disposal of orphan sources

(1) The appropriate Agency shall be prepared or have made provision, including assignment of responsibilities, to control and recover any orphan source and shall have drawn up appropriate response plans and measures.

(2) The appropriate Agency shall have the power to recover any expenses reasonably incurred by it (or by a person on its behalf) in the recovery and disposal of an orphan source from the holder of that source or from the occupier or owner of the premises where the source is located.

(3) For the purposes of paragraph (2), “holder” means the person who is or is required to be registered or authorised under this Act in relation to that orphan source.

(4) If the relevant person thinks fit, the relevant person may make available to the appropriate Agency a sum or sums of money in respect of costs and expenses incurred or to be incurred by the appropriate Agency (or by a person on its behalf) in relation to the recovery and disposal of orphan sources where—

(a) the amount of such costs and expenses exceeds or is expected to exceed any reasonable provision for such costs and expenses made by the appropriate Agency, and

(b) the making available of such sum or sums is necessary to enable the recovery and disposal of any orphan source.

(5) In subsection (4), “relevant person” means—

(a) in relation to England, the Secretary of State,

(b) in relation to Wales, the National Assembly for Wales,

(c) in relation to Scotland, the Scottish Ministers, and

(d) in relation to Northern Ireland, the Department of the Environment.

(6) In the application of this section to Northern Ireland a reference to the appropriate Agency must be taken to be a reference to the chief inspector.

Section 31 Rights of entry and inspection.

(1) Any person who is either an inspector appointed under section 4 or a person authorised in that behalf by the Secretary of State (in this section referred to as an “ inspector ”) may, for the purposes of the execution of this Act,—

(a) enter, at any reasonable time or, in an emergency, at any time, upon any premises to which this subsection applies, with such equipment as the inspector may require,

(b) carry out such tests (including dismantling and subjecting to any process) and inspections and take such photographs on any such premises, and obtain and take away such samples from the premises, as the inspector may consider necessary or expedient,

(c) give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purpose of any tests or inspections, and

(d) require the occupier of any such premises, or any person with duties on or in connection with the premises, to provide the inspector with such facilities and assistance and such information relating to the use of the premises, or to permit him to inspect such documents relating thereto, as the inspector may require, and in the case of answers to his questions, to sign a declaration of the truth of the answers.

(2) Subsection (1) applies—

(a) to any premises in respect of which a person is for the time being registered under section 7,

(b) to any premises in respect of which a person is exempted from such registration by section 8(1), and

(c) to any premises in respect of which an authorisation granted under section 13(1) or 14 is for the time being in force.

(3) In relation to premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsection (1) shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they are prohibited places within the meaning of Part 1 of the National Security Act 2023).

(4) Where an inspector has reasonable grounds for believing—

(a) that radioactive material has been or is being kept or used on any premises to which subsection (1) does not apply, or

(b) that radioactive waste has been or is being disposed of or accumulated on or from any such premises,

the inspector may exercise, in relation to those premises, any of the powers which are conferred by subsection (1) in relation to premises to which that subsection applies, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(5) Any person authorised in that behalf by the Secretary of State may at any reasonable time enter upon any premises for the purpose of disposing of radioactive waste in the exercise of the powers conferred by section 30, but this subsection has effect subject to subsection (6) unless the premises fall within subsection (7).

(6) Subject to subsection (7), no power shall be exercisable by virtue of subsection (4) or (5) in respect of any premises except—

(a) with consent given by or on behalf of the occupier of the premises, or

(b) under the authority of a warrant granted under the provisions of Schedule 2, or

(c) where entry is required in a case of emergency.

(7) Subsection (6) does not apply in respect of—

(a) premises in respect of which—

(i) a person has been (but is no longer) registered under section 7, or

(ii) an authorisation has been (but is no longer) in force under section 13(1) or 14, or

(b) premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or is being kept or used.

(8) In England, subject to section 6(3) of the Atomic Energy Authority Act 1954, any person who is either an inspector appointed under section 5 of this Act or a person authorised in that behalf by the Minister of Agriculture, Fisheries and Food may, for the purposes of the execution of this Act in relation to any premises situated on a nuclear site, exercise in relation to any such premises (but not in relation to any other premises) any of the powers conferred by paragraphs (a) to (d) of subsection (1) of this section, as if references in those paragraphs to an inspector included a reference to a person appointed or authorised as mentioned in this subsection.

(9) An inspector appointed under section 4 or 5 shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(10) The provisions of Schedule 2 shall have effect for the purposes of this section.

(11) In this section any reference to a case of emergency is a reference to a case where a person requiring entry to any premises in pursuance of this section has reasonable cause to believe—

(a) that circumstances exist which are likely to endanger life or health, and

(b) that immediate entry to the premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

(12) In the application of this section to Northern Ireland—

(a) references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b) subsection (8) shall apply as it applies in England, but as if the reference to the Minister of Agriculture, Fisheries and Food were a reference to the Department of Agriculture for Northern Ireland.

Section 32 Offences relating to registration or authorisation.

(1) Any person who—

(a) contravenes section 6, 9, 13(1), (2) or (3) or 14(1), or

(b) being a person registered under section 7 or 10, or being (wholly or partly) exempted from registration under either of those sections, does not comply with a limitation or condition subject to which he is so registered or exempted, or

(c) being a person who holds an authorisation under section 13 or 14 , does not comply with a limitation or condition subject to which that authorisation has effect, or

(d) being a person who is registered under section 7 or 10 or who holds an authorisation under section 13 or 14 , fails to comply with any requirement of a notice served on him under section 21 or 22,

shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding #20,000 or to imprisonment for a term not exceeding six months, or both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or both.

(3) If the appropriate Agency is of the opinion that proceedings for an offence under subsection (1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a notice served on him under section 21 or 22, that Agency may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the notice.

Section 33 Offences relating to ss. 19 and 20.

(1) Any person who contravenes section 19 shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(2) Any person who without reasonable cause pulls down, injures or defaces any document posted in pursuance of section 19 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Any person who fails to comply with a requirement imposed on him under section 20 shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

Section 34 Disclosure of trade secrets.

(1) If any person discloses any information relating to any relevant process or trade secret used in carrying on any particular undertaking which has been given to or obtained by him under this Act or in connection with the execution of this Act, he shall be guilty of an offence, unless the disclosure is made—

(a) with the consent of the person carrying on that undertaking, or

(b) in accordance with any general or special directions given by the Secretary of State, or

(bb) under or by virtue of section 113 of the Environment Act 1995, or

(c) in connection with the execution of this Act, or

(d) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

(3) In this section “ relevant process ” means any process applied for the purposes of, or in connection with, the production or use of radioactive material.

(4) In the application of this section to Northern Ireland, the reference in subsection (1)(b) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.

Section 34A Offences of making false or misleading statements or false entries.

(1) Any person who—

(a) for the purpose of obtaining for himself or another any registration under section 7 or 10, any authorisation under section 13 or 14 , any transfer of such an authorisation under section 16A or any variation of such an authorisation under section 17, or

(b) in purported compliance with a requirement to furnish information imposed under section 31(1)(d),

makes a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence.

(2) Any person who intentionally makes a false entry in any record—

(a) which is required to be kept by virtue of a registration under section 7 or 10 , an authorisation under section 13 or 14 or a transfer under section 16A , or

(b) which is kept in purported compliance with a condition which must be complied with if a person is to have the benefit of an exemption under section 8, 11 or 15,

shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.