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STATUTORY INSTRUMENTS


2006 No. 1500

ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES, ENGLAND AND WALES

The Radioactive Substances (Testing Instruments)(England and Wales) Exemption Order 2006

  Made 5th June 2006 
  Laid before Parliament 9th June 2006 
  Coming into force 6th October 2006 


CONTENTS

1. Citation, commencement and application
2. Interpretation
3. Exemption from registration under section 7 of the Act
4. Exemption from registration under section 10 of the Act
5. Radioactive waste from a Class 1 source
6. Section 13 of the Act and radioactive waste from a Class 1 source
7. Section 14 of the Act and radioactive waste from a Class 1 source
8. Waste collection authorities or their contractors and radioactive waste from a Class 1 source
9. Radioactive waste from a Class 2 source
10. Section 13 of the Act and radioactive waste from a Class 2 source
11. Section 14 of the Act and radioactive waste from a Class 2 source
12. Revocation

  SCHEDULE 1— Activity of Class 2 sources

  SCHEDULE 2— Limitations and conditions in relation to a Class 2 source

  SCHEDULE 3— Limitations and conditions in relation to radioactive waste from a Class 1 source

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon him by sections 8(6) and (7), 11(1) and (2) and 15(2) of the Radioactive Substances Act 1993[
1], makes the following Order:

Citation, commencement and application
     1. —(1) This Order may be cited as the Radioactive Substances (Testing Instruments) (England and Wales) Exemption Order 2006 and comes into force on 6th October 2006.

    (2) This Order extends to England and Wales.

Interpretation
    
2. In this Order—

in which the total number of kilobecquerels of all the radionuclides present, including radionuclides which are decay products of other radionuclides present, does not exceed 200;

other than a Class 1 source, in which the total number of megabecquerels of activity of all the radionuclides present, including radionuclides which are decay products of other radionuclides present, does not exceed the number specified for that source in Schedule 1 to this Order;

the immediate container or the bonding being of adequate mechanical strength and not constructed of radioactive material, and includes the immediate container or the bonding;

Exemption from registration under section 7 of the Act
     3. —(1) Subject to paragraph (2), a person is exempt from registration under section 7 of the Act (registration of users of radioactive material) at any premises in respect of—

    (2) A person is not exempt from registration if—

    (3) A person who is exempt from registration must comply with the limitations and conditions set out in Schedule 2 in relation to a Class 2 source.

Exemption from registration under section 10 of the Act
    
4. —(1) Subject to paragraph (2), a person is exempt from registration under section 10 of the Act (registration of mobile radioactive apparatus) in respect of mobile radioactive apparatus which consists of—

    (2) A person is not exempt from registration—

    (3) A person who is exempt from registration must comply with the limitations and conditions set out in Schedule 2 in relation to a Class 2 source.

Radioactive waste from a Class 1 source
    
5. —(1) Articles 6, 7 and 8 apply to radioactive waste from a Class 1 source, as defined in paragraph (2).

    (2) Radioactive waste from a Class 1 source means material which—

Section 13 of the Act and radioactive waste from a Class 1 source
    
6. —(1) A person is excluded from authorisation under subsections (1) and (2) of section 13 of the Act (disposal of radioactive waste) in respect of radioactive waste from a Class 1 source.

    (2) A person who is excluded from authorisation must comply with the limitations and conditions set out in Schedule 3.

Section 14 of the Act and radioactive waste from a Class 1 source
    
7. —(1) A person is excluded from authorisation under subsection (1) of section 14 of the Act (accumulation of radioactive waste) in respect of radioactive waste from a Class 1 source.

    (2) A person who is excluded from authorisation must—

Waste collection authorities or their contractors and radioactive waste from a Class 1 source
    
8. A waste collection authority, or its contractors, that receives radioactive waste from a Class 1 source—

Radioactive waste from a Class 2 source
    
9. —(1) Articles 10 and 11 apply to radioactive waste from a Class 2 source, as defined in paragraph (2).

    (2) Radioactive waste from a Class 2 source means material which—

Section 13 of the Act and radioactive waste from a Class 2 source
    
10. —(1) A person is excluded from authorisation under section 13(1) and (2) of the Act in respect of radioactive waste from a Class 2 source.

    (2) A person who is excluded from authorisation must ensure that the radioactive waste is disposed of by despatch to, or removal by—

Section 14 of the Act and radioactive waste from a Class 2 source
    
11. —(1) A person is excluded from authorisation under section 14(1) of the Act in respect of radioactive waste from a Class 2 source.

    (2) A person who is excluded from authorisation must—

Revocation
    
12. The Radioactive Substances (Testing Instruments) Exemption Order 1985[3], insofar as it extends to England and Wales, is revoked.


Ian Pearson
Minister of State Department for Environment, Food and Rural Affairs

5th June 2006



SCHEDULE 1
Article 2


Activity of Class 2 sources


Description Maximum number of megabequerels
Homogenous source 0.4
Laminated source 4
Sealed source 4
Electrodeposited source containing iron 55 200
Electrodeposited source containing nickel 63 600
Tritium foil source 20,000



SCHEDULE 2
Articles 3(3) and 4(3)


Limitations and conditions in relation to a Class 2 source


     1. A person who is exempt from registration in relation to a Class 2 source must comply with the following limitations and conditions.

     2. A record must be kept at the premises where the Class 2 source is held, or a place or places notified to the Environment Agency, showing—

and such record must be made available for inspection by the Environment Agency.

     3. No material (whether radioactive or not) forming part of the source may be removed from the source.

     4. No source may be mutilated.

     5. When it becomes known, or there are reasonable grounds for believing, that a source has been stolen or lost—

     6. When it becomes known, or there are reasonable grounds for believing, that—

the Environment Agency must be notified of the occurrence or suspected occurrence as soon as possible, and if the notification is given orally, the notification must be confirmed in writing as soon as is practicable.



SCHEDULE 3
Article 6(2)


Limitations and conditions in relation to radioactive waste from a Class 1 source


     1. A person who is excluded from authorisation in relation to radioactive waste from a Class 1 source must comply with the following limitations and conditions.

     2. The radioactive waste must be disposed of by—

     3. In respect of disposal under paragraph 2(a)—

     4. A record must be kept at the premises from which the radioactive waste is disposed of showing—

and such record must be made available for inspection by the Environment Agency.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order revokes the Radioactive Substances (Testing Instruments) Exemption Order 1985[
4] ("the 1985 Order") in respect of England and Wales. The provisions of the 1985 Order are re-enacted in this Order but with references to the Radioactive Substances Act 1993 ("the Act")[5] and subject to drafting changes and the following minor changes:

A Regulatory Impact Assessment has been prepared and copies may be obtained from RAS Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE.


Notes:

[1] 1993 c.12. The subject matter of this Act is devolved to the Scottish Parliament, see the Scotland Act 1998 (c.46), section 30 and Schedule 5, Part II, Head D, section D4(nuclear energy).back

[2] 1990 c.43.back

[3] S.I.1985/1049.back

[4] S.I.1985/1049.back

[5] The Radioactive Substances Act 1993 repealed the Radioactive Substances Act 1960 (1960 c.34).back



ISBN 0 11 074666 X


 © Crown copyright 2006

Prepared 13 June 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20061500.html