Preliminary

1 Meaning of “radioactive material”

(1) In this Act “radioactive material” means anything which, not being waste, is either a substance to which this subsection applies or an article made wholly or partly from, or incorporating, such a substance.

(2) Subsection (1) applies to any substance falling within either or both of the following descriptions, that is to say,—

(a) a substance containing an element specified in the first column of Schedule 1, in such a proportion that the number of becquerels of that element contained in the substance, divided by the number of grams which the substance weighs, is a number greater than that specified in relation to that element in the appropriate column of that Schedule;

(b) a substance possessing radioactivity which is wholly or partly attributable to a process of nuclear fission or other process of subjecting a substance to bombardment by neutrons or to ionising radiations, not being a process occurring in the course of nature, or in consequence of the disposal of radioactive waste, or by way of contamination in the course of the application of a process to some other substance.

(3) In subsection (2)(a) “the appropriate column”—

(a) in relation to a solid substance, means the second column,

(b) in relation to a liquid substance, means the third column, and

(c) in relation to a substance which is a gas or vapour, means the fourth column.

(4) For the purposes of subsection (2)(b), a substance shall not be treated as radioactive material if the level of radioactivity is less than such level as may be prescribed for substances of that description.

(5) The Secretary of State may by order vary the provisions of Schedule 1, either by adding further entries to any column of that Schedule or by altering or deleting any entry for the time being contained in any column.

(6) In the application of this section to Northern Ireland, 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.

2 Meaning of “radioactive waste”

In this Act “radioactive waste” means waste which consists wholly or partly of—

(a) a substance or article which, if it were not waste, would be radioactive material, or

(b) a substance or article which has been contaminated in the course of the production, keeping or use of radioactive material, or by contact with or proximity to other waste falling within paragraph (a) or this paragraph.

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.

Inspectors and chief inspector

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 [1990 c. 43.] 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 [1990 c. 43.] Environmental Protection Act 1990 shall have effect as a reference to section 10 of the [1906 c. 14.] 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.

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.

Registration relating to use of radioactive material and mobile radioactive apparatus

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.

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

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

(a) shall furnish him with a certificate containing all material particulars of the registration, 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.

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.

(4) Except as provided by subsection (5), in respect of all premises all persons are exempted from registration under section 7 in respect of the keeping and use on the premises of clocks and watches which are radioactive material.

(5) Subsection (4) does not exempt from registration under section 7 any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material.

(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.

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.

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 containing all material particulars of the registration, 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.

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.

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.

(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.

Authorisation of disposal and accumulation of radioactive waste

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.

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.

15 Further exemptions from ss. 13 and 14

(1) Sections 13(1) and (3) and 14(1) shall not apply to the disposal or accumulation of any radioactive waste arising from clocks or watches, but this subsection does not affect the operation of section 13(1) or section 14(1) in relation to the disposal or accumulation of radioactive waste arising from clocks or watches on or from premises which, by virtue of subsection (5) of section 8, are excluded from the operation of subsection (4) of that section.

(2) Without prejudice to subsection (1), the Secretary of State may by order exclude 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 exclusion 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.

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 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, 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.

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

(a) shall furnish the person to whom the authorisation is granted with a certificate containing all material particulars of the authorisation, 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.

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.

(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.

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.

Further obligations relating to registration or authorisation

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 to whom the authorisation was granted, 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.

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 an authorisation under section 13 or 14 has been granted, impose on him such requirements authorised by this section in relation to site 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—

  (a)

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

  (b)

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

  (c)

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

  (d)

  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 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.

Enforcement notices and prohibition notices

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 to whom an authorisation was granted 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),

send a copy of the notice to that authority.

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),

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.

Powers of Secretary of State in relation to applications etc.

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

(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,

(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

(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.

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 or authorisations 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 [1972 c. 70.] 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 [1973 c. 65.] Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c) in Northern Ireland, Schedule 8 to the [S.I. 1972/1265 (N.I. 14).] 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.

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

(1) The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of—

(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 or, in a case falling within section 16(3) in relation to premises in England, the Secretary of State and the Minister of Agriculture, Fisheries and Food, may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of—

(a) any particular application for authorisation under section 13 or 14 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 chief inspector that an application, registration or authorisation is the subject of any directions under this section, the chief inspector shall not send a copy of the application or the certificate of registration or authorisation, as the case may be—

(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.

(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.

Appeals

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,

(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;

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.

27 Procedure on appeals under s. 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.

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.

Further powers of Secretary of State in relation to radioactive waste

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.

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 [1936 c. 49.] 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 [1897 c. 38.] Public Health (Scotland) Act 1897 and the provisions of section 336 of the [1987 c. 26.] 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.