s 7C Excluded disposal sites
(1) A site that is used or intended to be used for the operation of an installation for the disposal of nuclear matter is an excluded disposal site if— (a) the Secretary of State is satisfied, on an application by the operator of the site, that the site meets— (i) the permit condition, (ii) the site history condition, and (iii) such other conditions as may be prescribed, and (b) the Secretary of State gives the operator notice in writing to that effect. (2) In this section, “ disqualifying matter ” means nuclear matter that exceeds the radioactivity concentration limits set out in paragraph 3(a) of the Appendix to the 2016 Decision. (3) The permit condition is that— (a) an appropriate permit is in force in respect of the site, and (b) that permit includes a condition preventing the site from receiving disqualifying matter. (4) The site history condition is that— (a) disqualifying matter has not at any time been accepted for disposal at the site, or (b) any disqualifying matter previously accepted for disposal at the site has been removed from the site. (5) An application under subsection (1) (a) must be accompanied by such documents as may be prescribed. (6) Regulations made under subsection (5) may— (a) specify requirements relating to the preparation, approval or review of a prescribed document; (b) require an operator to provide a copy of a prescribed document to a person other than the Secretary of State; (c) make different provision for different purposes. (7) A site ceases to be an excluded disposal site if the site no longer meets the permit condition or any condition prescribed under subsection (1) (a) (iii) . (8) Where the appropriate permit in force in respect of an excluded disposal site is transferred to a new operator, the site ceases to be an excluded disposal site at the end of the period of one month beginning with the date on which the permit is transferred unless, before the end of that period— (a) the new operator notifies the Secretary of State of the transfer, and (b) the Secretary of State gives the new operator notice in writing that the Secretary of State consents to the site continuing to be an excluded disposal site. (9) The Secretary of State must notify the Scottish Ministers of any notification given under subsection (1) (b) in relation to a site in Scotland. (10) In this section— “ 2016 Decision ” means the Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste published on 16 January 2017 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; “ appropriate permit ” has the meaning given in section 7B(9).