Office of Public Sector Information
(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 [1954 c. 32.] Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the [1911 c. 28.] Official Secrets Act 1911).
(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 [1954 c. 32.] 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.
(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 to whom an authorisation under section 13 or 14 has been granted, 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 to whom an authorisation under section 13 or 14 has been granted, 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.
(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.
(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
(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.
(1) Any person who—
(a) intentionally obstructs an inspector or other person in the exercise of any powers conferred by section 31, or
(b) refuses or without reasonable excuse fails to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector or other person under that section,
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 the statutory maximum;
(b) on conviction on indictment, to a fine.
(1) Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
(2) In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person may by virtue of this section be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first-mentioned person.
(1) Proceedings in respect of any offence under this Act shall not be instituted in England or Wales except—
(a) by the Secretary of State,
(b) by the chief inspector, or
(c) by or with the consent of the Director of Public Prosecutions.
(2) Proceedings in respect of any offence under this Act shall not be instituted in Northern Ireland except—
(a) by the head of the Department of the Environment for Northern Ireland, or
(b) by or with the consent of the Attorney General for Northern Ireland.
(3) This section shall be deemed to have been enacted before the coming into operation of the [S.I. 1972/538 (N.I. 1).] Prosecution of Offences (Northern Ireland) Order 1972.
(1) The chief inspector shall keep copies of—
(a) all applications made to him under any provision of this Act,
(b) all documents issued by him under any provision of this Act,
(c) all other documents sent by him to any local authority in pursuance of directions of the Secretary of State, and
(d) such records of convictions under section 32, 33, 34 or 35 as may be prescribed in regulations;
and he shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret or would involve the disclosure of applications or certificates as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security.
(2) Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the chief inspector or, as the case may be, the appropriate Minister and the chief inspector, that all or any part of any such document is not to be available for inspection.
(3) Directions under subsection (2) shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets and may be given generally in respect of all, or any description of, documents or in respect of specific documents.
(4) The copies of documents required to be made available to the public by this section need not be kept in documentary form.
(5) The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document.
(6) In this section “relevant process” has the same meaning as in section 34.
(7) 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.
(1) For the purposes of the operation of any statutory provision to which this section applies, and for the purposes of the exercise or performance of any power or duty conferred or imposed by, or for the enforcement of, any such statutory provision, no account shall be taken of any radioactivity possessed by any substance or article or by any part of any premises.
(2) This section applies—
(a) to any statutory provision contained in, or for the time being having effect by virtue of, any of the enactments specified in Schedule 3, or any enactment for the time being in force whereby an enactment so specified is amended, extended or superseded, and
(b) to any statutory provision contained in, or for the time being having effect by virtue of, a local enactment whether passed or made before or after the passing of this Act (in whatever terms the provision is expressed) in so far as—
(i) the disposal or accumulation of waste or any description of waste, or of any substance which is a nuisance, or so as to be a nuisance, or of any substance which is, or so as to be, prejudicial to health, noxious, polluting or of any similar description, is prohibited or restricted by the statutory provision, or
(ii) a power or duty is conferred or imposed by the statutory provision on any local authority, relevant water body or other public or local authority, or on any officer of a public or local authority, to take any action (whether by way of legal proceedings or otherwise) for preventing, restricting or abating such disposals or accumulations as are mentioned in sub-paragraph (i).
(3) In this section—
“statutory provision”—
in relation to Great Britain, means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature, and
in relation to Northern Ireland, has the meaning given by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954,
“local enactment” means—
a local or private Act (including a local or private Act of the Parliament of Northern Ireland or a local or private Measure of the Northern Ireland Assembly), or
an order confirmed by Parliament (or by the Parliament of Northern Ireland or the Northern Ireland Assembly) or brought into operation in accordance with special parliamentary procedure,
and any reference to disposal, in relation to a statutory provision, is a reference to discharging or depositing a substance or allowing a substance to escape or to enter a stream or other place, as may be mentioned in that provision.
(4) The references to provisions of the [1991 c. 57.] Water Resources Act 1991 in Part I of Schedule 3 shall have effect subject to the power conferred by section 98 of that Act.
(1) Any notice required or authorised by or under this Act to be served on or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
(2) Any such notice may—
(a) in the case of a body corporate, be served on or given to the secretary or clerk of that body;
(b) in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business.
(3) For the purposes of this section and of section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that—
(a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
(b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
(4) If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (3) as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 as his proper address.
(5) The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.
(1) Subject to the following provisions of this section, the provisions of this Act shall bind the Crown.
(2) Subsection (1) does not apply in relation to premises—
(a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
(b) occupied by or for the purposes of a visiting force.
(3) No contravention by the Crown of any provision of this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(4) Notwithstanding anything in subsection (3), the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.
(5) If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by section 31 should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.
(6) Where, in the case of any such premises as are mentioned in subsection (2)—
(a) arrangements are made whereby radioactive waste is not to be disposed of from those premises except with the approval of the chief inspector, and
(b) in pursuance of those arrangements the chief inspector proposes to approve, or approves, the removal of radioactive waste from those premises to a place provided by a local authority as a place for the deposit of refuse,
the provisions of section 18 shall apply as if the proposal to approve the removal of the waste were an application for an authorisation under section 13 to remove it, or (as the case may be) the approval were such an authorisation.
(7) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the [1947 c. 44.] Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
(8) In this section “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the [1952 c. 67.] Visiting Forces Act 1952.
(9) In the application of this section to Northern Ireland—
(a) references to the Crown shall include references to the Crown in right of Her Majesty’s Government in Northern Ireland, and
(b) the reference in subsection (5) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.
(1) The Secretary of State may, with the approval of the Treasury, make and from time to time revise, a scheme prescribing—
(a) fees payable in respect of applications for registration under section 7 or 10 or an authorisation under section 13 or 14;
(b) fees payable in respect of the variation of the registration under section 12 or, as the case may be, in respect of the variation of the authorisation under section 17;
(c) charges payable by a person to whom such a registration relates or to whom such an authorisation has been granted in respect of the subsistence of that registration or authorisation;
and it shall be a condition of any such registration or authorisation that any applicable prescribed charge is paid in accordance with that scheme.
(2) The power to make and revise a scheme under this section, so far as it relates to, or to applications for, authorisations under section 13 which may only be granted by the chief inspector and the Minister of Agriculture, Fisheries and Food shall not be exercisable without the consent of the Minister of Agriculture, Fisheries and Food.
(3) A scheme under this section may, in particular—
(a) provide for different fees or charges to be payable in different cases or circumstances, and
(b) provide for the times at which and the manner in which payments are to be made;
and a scheme may make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate and different schemes may be made and revised for different areas.
(4) The Secretary of State shall so frame a scheme under this section as to secure, so far as practicable, that the amounts payable under it are sufficient, taking one financial year with another, to cover—
(a) the expenditure of the chief inspector and the Minister of Agriculture, Fisheries and Food in exercising their functions under this Act in relation to registrations and authorisations,
(b) the expenditure of the Secretary of State in exercising in relation to Wales such of his functions under this Act in relation to registrations and authorisations as are exercised by the Minister of Agriculture, Fisheries and Food in relation to England.
(5) The Secretary of State shall, on making or revising a scheme under this section, lay a copy of the scheme or of the revisions before each House of Parliament.
(6) 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) references to the Minister of Agriculture, Fisheries and Food shall have effect as references to the Department of Agriculture for Northern Ireland,
(c) the reference to the Treasury shall have effect as a reference to the Department of Finance and Personnel in Northern Ireland,
(d) the reference to each House of Parliament shall have effect as a reference to the Northern Ireland Assembly, and
(e) subsection (4)(b) shall be omitted.
(1) The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.
(2) For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Secretary of State may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.
(3) Any power conferred by this Act to make regulations or orders shall be exercisable by statutory instrument.
(4) Any statutory instrument containing regulations or an order made under this Act, other than an order under Schedule 5, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) This section does not extend to Northern Ireland.
(1) The Department of the Environment for Northern Ireland may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.
(2) For the purpose of facilitating the exercise of any power under this Act to effect registrations, or grant authorisations, subject to limitations or conditions, the Department of the Environment for Northern Ireland may make regulations setting out general limitations or conditions applicable to such classes of cases as may be specified in the regulations; and any limitations or conditions so specified shall, for the purposes of this Act, be deemed to be attached to any registration or authorisation falling within the class of cases to which those limitations or conditions are expressed to be applicable, subject to such exceptions or modifications (if any) as may be specified in any such registration or authorisation.
(3) Any power conferred by this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979.
(4) Any regulations or orders made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.
(5) This section extends to Northern Ireland only.
Subject to the provisions of section 40 of this Act, and of section 18 of the [1978 s. 30.] Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Act shall be construed as—
(a) conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Act, or
(b) affecting any restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act, or
(c) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.
(1) In this Act, except in so far as the context otherwise requires—
“the appropriate Minister” means—
in relation to England, the Minister of Agriculture, Fisheries and Food,
in relation to Wales, the Secretary of State, and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland,
“article” includes a part of an article,
“the chief inspector” means—
in relation to England and Wales, the chief inspector for England and Wales appointed under section 4(2)(a),
in relation to Scotland, the chief inspector for Scotland appointed under section 4(2)(b), and
in relation to Northern Ireland, the chief inspector for Northern Ireland appointed under section 4(7),
“disposal”, in relation to waste, includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “dispose of” shall be construed accordingly,
“local authority” (except where the reference is to a public or local authority) means—
in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or an authority established by the [S. I. 1985/1884.] Waste Regulation and Disposal (Authorities) Order 1985,
in Scotland, a regional, islands or district council, and
in Northern Ireland, a district council,
“nuclear site” means—
any site in respect of which a nuclear site licence is for the time being in force, or
any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,
“nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the [1965 c. 57.] Nuclear Installations Act 1965,
“premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water,
“prescribed” means prescribed by regulations under this Act or, in relation to fees or charges payable in accordance with a scheme under section 43, prescribed under that scheme,
“the prescribed period for determinations”, in relation to any application under this Act, means, subject to subsection (2), the period of four months beginning with the day on which the application was received,
“public or local authority”, in relation to England and Wales, includes a water undertaker or a sewerage undertaker,
“relevant water body” means—
in England and Wales, the National Rivers Authority, a water undertaker, a sewerage undertaker or a local fisheries committee,
in Scotland, a river purification authority within the meaning of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951, a district salmon fishery board established under section 14 of the [1986 c. 62.] Salmon Act 1986 or a water authority within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980, and
in Northern Ireland, the Fisheries Conservation Board for Northern Ireland,
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour,
“undertaking” includes any trade, business or profession and—
in relation to a public or local authority, includes any of the powers or duties of that authority, and
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body, and
“waste” includes any substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and also includes any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt.
(2) The Secretary of State may by order substitute for the period for the time being specified in subsection (1) as the prescribed period for determinations such other period as he considers appropriate.
(3) In determining, for the purposes of this Act, whether any radioactive material is kept or used on any premises, no account shall be taken of any radioactive material kept or used in or on any railway vehicle, road vehicle, vessel or aircraft if either—
(a) the vehicle, vessel or aircraft is on those premises in the course of a journey, or
(b) in the case of a vessel which is on those premises otherwise than in the course of a journey, the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.
(4) Any substance or article which, in the course of the carrying on of any undertaking, is discharged, discarded or otherwise dealt with as if it were waste shall, for the purposes of this Act, be presumed to be waste unless the contrary is proved.
(5) Any reference in this Act to the contamination of a substance or article is a reference to its being so affected by either or both of the following, that is to say,—
(a) absorption, admixture or adhesion of radioactive material or radioactive waste, and
(b) the emission of neutrons or ionising radiations,
as to become radioactive or to possess increased radioactivity.
(6) In the application of this section to Northern Ireland, the reference in subsection (2) to the Secretary of State shall have effect as a reference to the Department of the Environment for Northern Ireland.
Radioactive Substances Act 1993