Statutory Instrument 1992 No. 2997

The Public Information for Radiation Emergencies Regulations 1992

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© Crown Copyright 1992

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1992 No. 2997

HEALTH AND SAFETY

The Public Information for Radiation Emergencies Regulations 1992

The Secretary of State, being the Minister designated^[1] for the purposes of section 2(2) of the European Communities Act 1972^[2] in relation to measures relating to informing the public about health protection measures to be taken in the event of a radiological emergency, in exercise of the powers conferred on her by the said section 2 and by sections 15(1) and (2), and 82(3)(a) of, and paragraphs 13(2) of Schedule 3 to the Health and Safety at Work etc. Act 1974^[3] ("the 1974 Act") and of all other powers enabling her in that behalf, and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Public Information for Radiation Emergencies Regulations 1992 and shall come into force on 1st January 1993.

Interpretation
    2.    In these Regulations, unless the context otherwise requires—
"contamination" means the contamination by any radioactive substance of any surface (including any surface of the body or clothing) or any part of absorbent objects or materials or the contamination of liquids or gases by any radioactive substance;


"the Directive" means Council Directive No. 89/618/Euratom on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency;


"the Executive" means the Health and Safety Executive;


"external radiation" means, in relation to a person, ionising radiation coming from outside the body of that person;


"first tier local authority" means—
 (a) in relation to England and Wales, a county council, the London Fire and Civil Defence Authority, a metropolitan county fire and civil defence authority or the Council of the Isles of Scilly, and
 (b) in relation to Scotland, a regional or islands council;


"internal radiation" means, in relation to a person, ionising radiation coming from inside the body of that person;


"ionising radiation" means gamma rays, X-rays or corpuscular radiations which are capable of producing ions either directly or indirectly;


"member of the public" means any person not being—
 (a) a person for the time being present upon premises where a radiation emergency is reasonably foreseeable or where a radiation emergency has actually occurred; or
 (b) a person engaged in an activity of or associated with the response to the radiation emergency;


"radiation emergency" means any occurrence which is likely to result in any member of the public being exposed to ionising radiation arising from that occurrence in excess of any of the doses set out in Schedule 1 to these Regulations and for this purpose any health protection measure to be taken during the 24 hours immediately following the occurrence shall be disregarded;


"second tier local authority" means—
 (a) in relation to England and Wales, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, or the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly, and
 (b) in relation to Scotland, an islands or district council.

Employer or self-employed person to supply prior information
    3.—(1)  It shall be the duty of an employer or a self-employed person who conducts an undertaking from which a radiation emergency is reasonably foreseeable—
 (a) to ensure that members of the public who are likely to be in an area in which, in the opinion of the Executive (having regard to any existing plans prepared by virtue of regulation 27 of the Ionising Radiations Regulations 1985^[4]), they are liable to be affected by a radiation emergency arising from the undertaking of that employer or self-employed person, are supplied, in an appropriate manner, without their having to request it, with at least the information specified in Schedule 2 to these Regulations; and
 (b) to make that information publicly available.

    (2)  In preparing the information required to be supplied in accordance with paragraph (1) above, the employer or self-employed person shall consult each first tier local authority and second tier local authority in the area referred to in that paragraph, any authority likely to fall within paragraph 5 of Schedule 2 to these Regulations and such other persons who seem to him to be appropriate, but the employer or self-employed person shall remain responsible for the accuracy, completeness and form of the information so supplied.

    (3)  Without prejudice to his duty under paragraph (1) above, the employer or selfemployed person shall endeavour to enter into an agreement with each second tier local authority in the area referred to in that paragraph for that authority to disseminate the information required to be supplied in accordance with that paragraph to the members of the public mentioned in it.

    (4)  The employer or self-employed person shall ensure that the information supplied in accordance with paragraph (1) above is updated at regular intervals but, in any case, not less than once in three years and whenever significant changes to the emergency measures, action and authorities referred to in paragraphs 3, 4 and 5 of Schedule 2 to these Regulations take place; when information is updated under this paragraph, it shall be supplied again in accordance with paragraph (1) above and made publicly available.

    (5)  Where on the coming into force of these Regulations an employer or selfemployed person is conducting an existing undertaking from which a radiation emergency is reasonably foreseeable, it shall be sufficient compliance with paragraph (1) above if that employer or self-employed person supplies the required information and makes it publicly available within six months of the coming into force of these Regulations.

Arrangements for the supply of information to members of the public actually affected
    4.—(1)  It shall be the duty of a first tier local authority to prepare and keep up to date arrangements to supply, in the event of a radiation emergency, information of and advice on the facts of the emergency, of the steps to be taken and, as appropriate, of the health protection measures applicable.

    (2)  The arrangements prepared and kept up to date under paragraph (1) above shall provide for the information to be supplied at regular intervals in an appropriate manner, without delay, and without their having to request it, to members of the public who are in that local authority's area and who are actually affected by the radiation emergency.

    (3)  In preparing those arrangements, and keeping them up to date, the first tier local authority shall consult any authority likely to be responsible for implementing the relevant measures referred to in Schedule 3 to these Regulations and such other persons as appear to it to be appropriate.

    (4)  The information and advice to be supplied in accordance with arrangements prepared and kept up to date under paragraph (1) above shall, if relevant to the type of radiation emergency, include that specified in Schedule 3 to these Regulations and shall in any event, mention the authority or authorities responsible for implementing the relevant measures referred to in that Schedule.

    (5)  For the purposes of paragraph (2) above, the members of the public referred to in that paragraph as actually affected are those whose co-operation is sought to put into effect any steps or health protection measures referred to in paragraph (1) above.

    (6)  It shall be sufficient compliance with paragraph (1) above if a first tier local authority prepares the required arrangements within six months of the coming into force of these Regulations.

Modifications relating to the Ministry of Defence etc.
    5.    The requirements of regulation 3 shall not have effect to the extent that in any particular case they would, in the opinion of the Secretary of State for Defence, be against the interests of national security.

Enforcement and offences
    6.    In so far as any provision of regulations 3 and 4 of these Regulations is made under section 2(2) of the European Communities Act 1972, the enforcement and offences provisions of the 1974 Act shall apply to that provision as if that provision had been made under section 15 of the 1974 Act.

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State, Department of Employment.

26th November 1992

[1] S.I. 1991/2289. back

[2] 1972 c. 68. back

[3] 1974 c. 37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively. back

[4] S.I. 1985/1333. back

Explanatory Note