Citation, commencement and extent

1.-(1) These Regulations may be cited as the Radiation (Emergency Preparedness and Public Information) Regulations 2019 and come into force on the 22nd May 2019.

(2) These Regulations do not extend to Northern Ireland.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"the 2017 Regulations" means the Ionising Radiations Regulations 2017(3);

"the Agency" in relation to premises or a plan relating to premises-

"approved dosimetry service" means an approved dosimetry service within the meaning of the 2017 Regulations and which is approved for the purpose of regulation 22 of those Regulations;

"authorised defence site" has the meaning given by regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998(4);

"Category 1 responder" has the meaning set out in Parts 1, 2 and 2A of Schedule 1 to the Civil Contingencies Act 2004(5);

"Category 2 responder" has the meaning set out in Parts 3, 4 and 5 of Schedule 1 to the Civil Contingencies Act 2004(6);

"consequences report" has the meaning set out in regulation 7(1);

"detailed emergency planning zone" means a zone determined in accordance with regulation 8 and covered by the local authority's off-site emergency plan;

"dose" means, in relation to ionising radiation, any dose or sum of dose quantities to which an individual is exposed as a result of a radiation emergency;

"dose assessment" means the dose assessment made and recorded by an approved dosimetry service in accordance with regulation 22 of the 2017 Regulations;

"dose record" means the record made and maintained in respect of an employee by the approved dosimetry service in accordance with regulation 22 of the 2017 Regulations;

"emergency exposure" means an exposure of an employee engaged in an activity of or associated with the response to a radiation emergency or potential radiation emergency in order to bring help to endangered persons, prevent exposure of other persons or save a valuable installation or goods, whereby one of the individual dose limits referred to in paragraphs 1 and 2 of Part 1 of Schedule 3 to the 2017 Regulations could be exceeded;

"emergency services" means-

"emergency worker" means any person who has a defined responding role in an operator's emergency plan or a local authority's off-site emergency plan, and who might be exposed to radiation as a result of a potential or actual radiation emergency;

"existing exposure situation" means an exposure situation which does not call or no longer calls for the implementation of any protective action from an emergency plan;

"health authority" means-

"installation" means a unit in which the radioactive substances present are, or are intended to be, produced, used, handled or stored, and it includes-

"ionising radiation" means the energy transferred in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 x 10¹⁵ hertz or more capable of producing ions directly or indirectly;

"licensed site" means a site in respect of which a nuclear site licence has been granted and is in force;

"local authority" means in relation to-

"medical surveillance" means medical surveillance carried out in accordance with the 2017 Regulations;

"new nuclear build site" has the meaning given by regulation 2A of the Health and Safety (Enforcing Authority) Regulations 1998(10);

"non-dispersible source" means a sealed source or a radioactive substance which, in either case, it is determined that, by virtue of its physical and chemical form, it cannot cause a radiation emergency but does not include any radioactive substance that is or has been a component of a nuclear reactor;

"nuclear site licence" has the meaning assigned to it by section 1(1) of the Nuclear Installations Act 1965(11);

"nuclear warship site" has the meaning given by regulation 2B of the Health and Safety (Enforcing Authority) Regulations 1998(12);

"off-site emergency plan" is to be interpreted in accordance with regulation 11;

"operator" has the meaning set out in paragraph (2);

"operator's emergency plan" are to be interpreted in accordance with regulation 10;

"outline planning zone" means a zone determined in accordance with regulation 9 and covered by the local authority's off-site emergency plan;

"premises" means-

"protective action" means an action or actions taken in order to prevent or reduce the exposure of emergency workers, members of the public, the environment or the contamination of property from ionising radiation in the event of a radiation emergency, and includes the provision of appropriate information to the public in accordance with regulations 21 and 22;

"radiation emergency" means a non-routine situation or event arising from work with ionising radiation that necessitates prompt action to mitigate the serious consequences-

"radiation protection adviser" means a radiation protection adviser within the meaning of the 2017 Regulations and who is recognised as such for the purpose of regulation 14 of those Regulations;

"radioactive substance" means any substance which contains one or more radionuclides whose activity cannot be disregarded for the purposes of radiation protection;

"reference level" is to be interpreted in accordance with regulation 20;

"regulator" means-

"sealed source" means a source containing any radioactive substance whose structure is such as to prevent dispersion of radioactive substances into the environment;

"work with ionising radiation" means work involving the production, processing, handling, use, holding, storage or disposal of radioactive substances which can increase the exposure of persons to radiation from an artificial source, or from a radioactive substance containing naturally occurring radionuclides which are processed for their radioactive, fissile or fertile properties.

(2) In these Regulations, any reference to an operator is a reference to-

(a)in relation to any premises other than a licensed site, the person who is, in the course of a trade or business or other undertaking carried on by that person, in control of the operation of premises, and

(b)in relation to a licensed site, a person to whom a nuclear site licence has been granted,

and any duty imposed by these Regulations on the operator extends only in relation to those premises.

(3) In these Regulations-

(a)any reference to an effective dose means the sum of the effective dose to the whole body from external ionising radiation and the committed effective dose from internal ionising radiation; and

(b)any reference to equivalent dose to a human tissue or organ includes the committed equivalent dose to that tissue or organ from internal ionising radiation.

(4) In these Regulations, unless the context otherwise requires, any reference to-

(a)an employer includes a reference to a self-employed person and any duty imposed by these Regulations on an employer in respect of its employee extends to a self-employed person in respect of that self-employed person,

(b)exposure to ionising radiation is a reference to exposure to ionising radiation arising from work with ionising radiation.

(5) In these Regulations, references to "local authority", unless the context otherwise requires, are to the local authority in which the premises are situated, and references to "lead local authority", where more than one local authority is involved, are to that local authority.

Application

3.-(1) Subject to paragraphs (2) and (5) and with the exception of regulation 22, these Regulations apply to any work with ionising radiation which involves having on any premises, or providing for there to be on any premises, a radioactive substance containing more than the quantity specified in relation to that radionuclide in Schedule 1 or, in the case of fissile material, more than the mass of that material specified in Schedule 2.

(2) These Regulations do not apply to work falling within paragraph (1) where the operator can demonstrate that the quantity present on the premises would not allow, in a radiation emergency situation, an annual effective dose to persons off-site of greater than 1 mSv.

(3) Where a radionuclide is not specified in Schedule 1-

(a)an operator must carry out an assessment to determine whether the quantity present on the premises allows an annual effective dose greater than that specified in paragraph (2); and

(b)if that assessment demonstrates that an annual effective dose greater than that specified in paragraph (2) is allowable, then these Regulations apply.

(4) For the purposes of paragraph (1), a quantity specified in Schedule 1 is to be treated as being exceeded if-

(a)where only one radionuclide is involved, the quantity of that radionuclide exceeds the quantity specified in the appropriate entry in Part 1 of Schedule 1; or

(b)where more than one radionuclide is involved, the quantity ratio calculated in accordance with Part 2 of Schedule 1 exceeds one.

(5) These Regulations do not apply in respect of-

(a)any non-dispersible source;

(b)any radioactive substance which has an activity concentration of not more than 100Bqg^-1;

(c)any radioactive substance conforming to the specifications for special form radioactive material set out in sub-section 2.7.2.3.3. of the UN Model Recommendations on the Transport of Dangerous Goods: Model Regulations ("UN Model Regulations")(13), as revised or reissued from time to time;

(d)any radioactive substance which is in a package which complies with the requirements for a Type B(U) package, a Type B(M) package or a Type C package as set out in subsections 6.4.8, 6.4.9 or 6.4.10 of the UN Model Regulations respectively.

Hazard evaluation

4.-(1) The operator of any premises to which these Regulations apply must make a written evaluation before any work with ionising radiation is carried out for the first time at those premises.

(2) The evaluation required under paragraph (1) must be sufficient to identify all hazards arising from the work undertaken which have the potential to cause a radiation emergency.

(3) Where the evaluation required under paragraph (1) does not reveal any hazards having the potential to cause a radiation emergency, reasons for such a conclusion should be set out in that evaluation.

(4) Where the evaluation required under paragraph (1) does reveal the potential for a radiation emergency to occur, the operator must take all reasonably practicable steps to-

(a)prevent the occurrence of a radiation emergency; and

(b)limit the consequences of any such emergency which does occur.

(5) The evaluation required by paragraph (1) also applies to the continuation of any work with ionising radiation carried out by an operator after the coming into force of these Regulations.

(6) The requirements of this regulation are without prejudice to the requirements of regulation 3 (risk assessment) of the Management of Health and Safety at Work Regulations 1999(14) and to regulation 8 of the 2017 Regulations.

(7) The operator must provide the regulator with details of the evaluation made under paragraph (1) within 28 days of the date on which it is made.

Consequence assessment

5.-(1) Where the evaluation undertaken under regulation 4 reveals the potential for a radiation emergency to occur, the operator must make an assessment, in accordance with Schedule 3, to consider and evaluate a full range of possible consequences of the identified radiation emergencies, both on the premises and outside the premises, including the geographical extent of those consequences and any variable factors which have the potential to affect the severity of those consequences.

(2) The assessment required by this regulation must be completed within two months after the day on which the hazard evaluation required by regulation 4 is completed.

Review of hazard evaluation and consequence assessment

6.-(1) Where the operator proposes a material change, or where a material change occurs, in the work with ionising radiation to which an operator was required to make an evaluation pursuant to regulation 4(1), the operator must make a further assessment to take account of that change.

(2) For such time as the work with ionising radiation in respect of which an evaluation made pursuant to regulation 4(1) continues, the operator must, within 3 years of the date of the completion of the last evaluation (whether made in accordance with regulation 4(1) or this paragraph), or longer, if agreed by the regulator, either-

(a)make a further evaluation; or

(b)if there is no change of circumstances which would affect the last consequences report required by regulation 7, make a declaration to that effect.

(3) Where a declaration is made in accordance with paragraph (2)(b), a copy of that declaration must be provided to the local authority, and to the regulator, within 28 days of the making of the declaration.

(4) The further evaluation required by this regulation must comply with the provisions of regulation 4(2) to (4), and regulation 5, where applicable.

Consequences report

7.-(1) Where the operator has made an assessment pursuant to regulation 5(1) or a review in accordance with regulation 6(1) or 6(2), unless regulation 6(2)(b) applies, the operator must prepare a report setting out the consequences identified by that assessment, called a consequences report, as soon as reasonably practicable on completion of the assessment.

(2) The operator must send the consequences report to the local authority-

(a)before the start of any of the work with ionising radiation to which the assessment relates; or

(b)where the report is as the result of a review in accordance with regulation 6, as soon as practicable after completion of the report.

(3) A consequences report must include the particulars set out in Schedule 4.

(4) Following receipt of the consequences report by the local authority, the operator must, within a reasonable period of time, offer a meeting to the local authority to discuss the consequences report.

(5) The operator must comply with any reasonable request for information made by a local authority, following receipt of the consequences report, required by the local authority to enable it to prepare the off-site emergency plan which it is required to prepare under regulation 11, within 28 days of the date on which that information was requested.

(6) The operator must provide the regulator with details of the assessment made under regulation 5 and the consequences report within 28 days of the date on which the consequences report is sent to the local authority.

Detailed emergency planning zone

8.-(1) The local authority must determine the detailed emergency planning zone on the basis of the operator's recommendation made under paragraph 2 of Schedule 4 and may extend that area in consideration of-

(a)local geographic, demographic and practical implementation issues;

(b)the need to avoid, where practicable, the bisection of local communities; and

(c)the inclusion of vulnerable groups immediately adjacent to the area proposed by the operator.

(2) However, the local authority and operator may agree that, in relation to the premises, other arrangements are in place which sufficiently mitigate the consequences of any radiation emergency, and that no detailed emergency planning zone is necessary.

(3) The local authority must inform the operator and the regulator, within two months of having received the consequences report under regulation 7, of the determination made under paragraph (1).

(4) Where the local authority and the operator have agreed that no detailed emergency planning zone is necessary in accordance with paragraph (2), the local authority must inform the regulator as soon as reasonably practicable.

(5) On receipt of the local authority's confirmation of the detailed emergency planning zone, the operator must record the detailed emergency planning zone as finalised.

(6) The local authority may re-determine the detailed emergency planning zone-

(a)if there is a change in the local area which necessitates such a re-determination; or

(b)if the local authority deems it appropriate as a consequence of the operator's consequences report made after an evaluation in accordance with regulation 6(1) or 6(2)(a).

(7) If the local authority re-determines the detailed emergency planning zone in accordance with paragraph (6), it must inform the operator and regulator as soon as reasonably practicable.

Outline planning zone

9.-(1) The outline planning zone must be determined as follows-

(a)in relation to a site for which the Office for Nuclear Regulation is the regulator, except for-

(i)an authorised defence site,

(ii)a nuclear warship site, or

(iii)a site which is a licensed site where that license has been granted either to the Secretary of State for Defence or to another person in relation to activities carried out by that person on behalf of the Secretary of State for Defence,

in accordance with Schedule 5.

(b)in relation to a site for which the Health and Safety Executive is the regulator, by the local authority following discussion with the operator;

(c)in relation to any other site, including the sites listed at sub-paragraph (a)(i) to (iii), by the Secretary of State.

(2) The regulator and the Secretary of State may agree, in relation to a site falling within paragraph (1)(a), that the site has an outline planning zone which is greater or smaller than that determined in accordance with Schedule 5.

(3) The operator and the local authority may agree in relation to a site falling within paragraph (1)(b), that the site has no outline planning zone.

(4) The planning to be undertaken by the local authority in relation to the outline planning zone must be commensurate to the risk of a radiation emergency affecting that area, and the local authority's off-site emergency plan required under regulation 11 must clearly set out when that plan would be brought into effect in relation to the outline planning zone.

Operator's emergency plan

10.-(1) Where the operator has made an evaluation in accordance with regulation 4(1) which shows that a radiation emergency might arise, the operator must make an adequate emergency plan designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by radiation emergencies identified by the evaluation.

(2) When preparing an emergency plan, as required by paragraph (1), the operator must take into account-

(a)the steps the operator has taken under regulation 4(4); and

(b)the consequences assessed in accordance with regulation 5, including any variable factors which might affect the severity of the emergency.

(3) The operator's emergency plan must-

(a)contain the information set out in Part 1 of Schedule 6; and

(b)be drawn up in accordance with the principles and purposes set out in Schedule 7.

(4) The operator must not require any person to carry out work with ionising radiation, and no person shall carry out such work unless-

(a)the operator has complied with the requirements of paragraph (1); and

(b)the local authority has complied with its duties in connection with the off-site emergency plan as set out in regulation 11, and has confirmed this to the operator in writing.

(5) The operator must, when preparing the emergency plan, or reviewing it under regulation 12(1), consult-

(a)the operator's employees;

(b)any persons carrying out work on behalf of the operator and who the operator considers might be affected by a radiation emergency;

(c)the lead local authority;

(d)the health authority in whose area the premises to which the emergency plan relates is situated;

(e)Public Health England;

(f)in addition to Public Health England, if the premises to which the emergency plan relates is in-

(i)Wales, Public Health Wales, and

(ii)Scotland, Health Protection Scotland;

(g)the Category 1 responders in whose area in which the premises to which the emergency plan relates is situated; and

(h)such other persons, bodies or authorities as the operator considers appropriate.

(6) The operator must ensure that any employee on site is or has been provided with such suitable and sufficient information, instruction and training as they require in relation to a radiation emergency.

(7) The operator must ensure that any emergency worker who may be involved with or may be affected by arrangements in the operator's emergency plan is or has been provided with-

(a)suitable and sufficient information, instruction and training;

(b)any equipment necessary to perform the functions allocated to them by the operator's emergency plan; and

(c)any equipment necessary to restrict their exposure to ionising radiation including, where appropriate, the issue of suitable dosemeters or other devices.

(8) In the case of a person who is not employed by the operator, the information, instruction, training and equipment required by regulation (7) relates only to specialised equipment to be used on the operator's premises in accordance with the operator's emergency plan, and which is information, instruction, training or equipment the operator does not expect the person to have received or have available already.

(9) An operator which has prepared an emergency plan in accordance with this regulation must-

(a)review that plan as a consequence of any review required by regulation 6; and

(b)update the plan, if necessary, as a consequence of a review undertaken in accordance with sub-paragraph (a).

(10) The operator must retain the emergency plan on the premises to which it relates, and must provide details of that plan to the local authority and the regulator upon request and within such reasonable time as the local authority or the regulator may request.

Local authority's off-site emergency plan

11.-(1) Where premises require a planning zone under either or both of regulations 8 or 9, the local authority must make an adequate off-site emergency plan covering that zone or zones.

(2) The plan required by paragraph (1) must be designed to mitigate, so far as is reasonably practicable, the consequences of a radiation emergency outside the operator's premises.

(3) The off-site emergency plan must-

(a)contain the information set out in Chapter 1 of Part 2 of Schedule 6 about the detailed emergency planning zone (where there is a detailed emergency planning zone);

(b)contain the information set out at Chapter 2 of Part 2 of Schedule 6 about the outline planning zone (where there is an outline planning zone);

(c)comply with Chapter 3 of Part 2 of Schedule 6; and

(d)be drawn up in accordance with the principles and purposes set out in Schedule 7.

(4) The off-site emergency plan must be prepared within 8 months of the local authority's receipt of the consequences report and in any event before the operator commences work with ionising radiation to which the evaluation made in accordance with regulation 4(1) or 6(1) applies.

(5) In preparing an off-site emergency plan, pursuant to paragraph (1) or in reviewing such a plan pursuant to regulation 12(1), the local authority must consult-

(a)the operator of the premises to which the plan relates;

(b)the Category 1 responders in whose area in which the premises to which the emergency plan relates is situated;

(c)the Category 2 responders (where appropriate) in whose area in which the premises to which the emergency plan relates is situated;

(d)each health authority in the vicinity of the premises to which the plan relates (if that health authority is not a Category 1 responder);

(e)the Agency;

(f)Public Health England;

(g)in addition to Public Health England, if the premises to which the emergency plan relates is in-

(i)Wales, Public Health Wales, and

(ii)Scotland, Health Protection Scotland; and

(h)such other persons, bodies or authorities as the local authority considers appropriate.

(6) The employer of any emergency worker who may be required to participate in the implementation of the off-site emergency plan must ensure that each such emergency worker is provided with-

(a)suitable and sufficient information, instruction and training; and

(b)any equipment necessary to restrict that employee's exposure to ionising radiation including, where appropriate, the issue of suitable dosemeters or other devices.

(7) The local authority must confirm in writing to the operator and to the regulator that it has prepared an off-site emergency plan as soon as reasonably practicable after the preparation of such a plan.

(8) The local authority must provide a copy of the off-site emergency plan, or parts of it, to the regulator upon request and within such reasonable time as the regulator may specify.

Reviewing and testing of emergency plans

12.-(1) Each operator or local authority who has prepared an emergency plan pursuant to regulation 10 or 11, as the case may be, must, at suitable intervals not exceeding 3 years unless otherwise agreed by the regulator-

(a)review and where necessary revise the plan for which they are responsible; and

(b)test that plan, taking reasonable steps to arrange for all those with a role in the plan to participate in the test to the extent necessary to ensure that the plan is effective.

(2) The test required by paragraph (1)(b) need not extend to testing a local authority's emergency plan so far as it extends to the outline planning zone, unless-

(a)a test is necessary in order to review or revise the plan, as required under paragraph (1)(a); or

(b)the regulator requires a test.

(3) The regulator may only agree that the review and test required under paragraph (1) may take place after the expiry of a three year period if-

(a)the operator or local authority, as the case may be, has sent a written request for such an extension of time to the regulator; and

(b)the written request is sufficient to demonstrate that the circumstances of the request are reasonable and exceptional.

(4) A review required under paragraph (1) must take into account-

(a)changes occurring in the work with ionising radiation to which the plan relates;

(b)changes within the emergency services concerned;

(c)new knowledge or guidance, whether technical or otherwise, concerning the response to radiation emergencies;

(d)any material change to the assessment on which the plan was based since it was last reviewed or revised;

(e)any relevant information derived from an assessment of or a report about the effectiveness of an emergency plan required by regulation 17(6); and

(f)any relevant information derived from a report into the outcome of an earlier test as required by paragraph (8).

(5) In determining how the off-site emergency plan is to be tested, the local authority must cooperate with-

(a)the operator; and

(b)any Category 1 responders in whose area the premises to which the emergency plan relates is situated.

(6) A review or test of the plan required by this regulation must take into account any lessons learned from-

(a)past emergency exposure situations, whether at the operator's premises or not; and

(b)the United Kingdom's participation in emergency exercises at national and international level.

(7) The test of the plan required by paragraph (1)(b) must be adequate to test the ability to implement the plan in question, but the operator or the local authority, as the case may be, may for the purpose of determining the extent of that test, bear in mind-

(a)the length of time since the last test of the plan;

(b)the extent of the testing undertaken on the last occasion;

(c)any activation of the plan as a response to a radiation emergency since the last test; and

(d)any revisions of the plan made by the review required under paragraph (1)(a).

(8) After completion of the test required by paragraph (1)(b), each operator or local authority, as the case may be, must prepare a report on the outcome of the test within 3 months of the conclusion of the test.

(9) A report made under paragraph (8) must be sent to the regulator within 28 days of its completion.

(10) Where a report made under paragraph (8) was made by the operator, the operator must send it to the local authority within 28 days of its preparation, and where such a report was made by the local authority, the local authority must send it to the operator within 28 days of its completion.

Co-operation: operator and local authority

13.-(1) The operator and the local authority must co-operate in respect of their duties to prepare emergency plans to ensure that-

(a)the operator's emergency plan and the local authority's off-site emergency plan operate effectively both independently and in conjunction;

(b)communication between the operator and the local authority is expedited during any radiation emergency; and

(c)communication between the operator and the local authority and any organisation which is responding to the radiation emergency is expedited.

(2) The local authority must, in particular, inform the operator which responder or responders should be contacted in order to provide early warning of a radiation emergency as required by paragraph 1(f) of Schedule 6.

Co-operation between local authorities

14.-(1) A local authority may request, in writing, the co-operation of another local authority in order to-

(a)make or review its off-site emergency plan; and

(b)test its off-site emergency plan as required under regulation 12(1)(b).

(2) Where a local authority has made a written request of another local authority under paragraph (1), the local authority which has received such a request must, as soon as reasonably practicable, co-operate in assisting the requesting local authority in both making and testing the off-site emergency plan.

Consultation and co-operation: employers

15.-(1) In performing the duties imposed on an operator under regulations 4(1), 5(1), 6(1) and (2), 7(1) and 10, that operator must consult any other employer who carries out work with ionising radiation on the premises and take into account relevant matters arising from that consultation.

(2) Any employer who carries out work with ionising radiation at premises to which these Regulations apply must cooperate with the operator of those premises or the local authority in whose area the premises is situated by providing information or otherwise to the extent necessary to ensure that the operator or local authority, as the case may be, is able to comply with the operator and the local authority's duty to prepare an emergency plan.

(3) Any employer of any other person whose participation is reasonably required by any emergency plan required under these Regulations must co-operate with the operator or the local authority, as the case may be, in the exchange of information or otherwise to the extent necessary to ensure that the operator or the local authority is enabled to comply with the requirements of these Regulations, insofar as the operator or the local authority's ability to comply depends on such co-operation.

(4) The co-operation required by an employer under paragraphs (2) and (3) extends to co-operation in the testing of emergency plans where such co-operation is necessary to secure compliance with regulation 12.

Charge for preparation, review and testing of emergency plans

16.-(1) A local authority may charge the operator a fee for the performance of the local authority's functions in relation to the off-site emergency plan relating to that operator's premises under regulations 8, 11, 12 and 21.

(2) The fee charged under paragraph (1) must not exceed the sum of the costs reasonably incurred by the local authority in performing its functions referred to in that paragraph including any costs reasonably incurred in arranging for any participants to take part in the testing of the off-site emergency plan.

(3) When charging the operator a fee in accordance with paragraph (1), the local authority must provide the operator with a detailed statement of the costs incurred, and the period to which the statement relates.

(4) The local authority's fee under this regulation is payable one month after the statement required under paragraph (3) has been provided, unless, within that period, the operator informs the local authority in writing that it considers that its costs are unreasonable and requests additional information from the local authority concerning its costs.

(5) Additional information requested under paragraph (4) must be provided by the local authority within 28 days from the day on which it received that request, and the period for payment of the fee provided under that paragraph is extended for a further period of two months from that date.

(6) A fee charged under this regulation is recoverable as a civil debt.

Implementation of emergency plans

17.-(1) An operator who has prepared an emergency plan pursuant to regulation 10 must take reasonable steps to put it, or such parts of it as are necessary, into effect without delay-

(a)when a radiation emergency occurs; or

(b)if an event occurs which might lead to a radiation emergency.

(2) When an operator takes the steps set out in paragraph (1), the operator must at the same time inform the local authority in whose area the premises is situated and the regulator that the operator has put its plan into effect.

(3) A local authority which has prepared an off-site emergency plan pursuant to regulation 11 must take reasonable steps to put it, or such parts of it as are necessary, into effect without delay when informed by the operator that-

(a)a radiation emergency has occurred; or

(b)an event has occurred which could give rise to a radiation emergency.

(4) In the event of a radiation emergency occurring, or on the occurrence of an event which could give rise to a radiation emergency, the operator, with the local authority that has prepared an off-site emergency plan, must make a provisional assessment of the circumstances and consequences of such an emergency, and for this purpose must consult-

(a)the emergency services;

(b)the health authority in whose area the premises to which the emergency plan relates is situated;

(c)the health bodies set out at regulation 10(5)(e) and (f) and 11(5)(f) and (g) respectively;

(d)the Agency; and

(e)any other persons, bodies or authorities which have functions under the operator's emergency plan, or the local authority's off-site emergency plan.

(5) The assessment required by paragraph (4) must take place as soon as reasonably practicable in order to respond effectively to the particular characteristics of the radiation emergency.

(6) The operator must as soon as is reasonably practicable and in any event within 12 months, or such longer time as the regulator may agree, make a full assessment of the consequences of the radiation emergency or other event and the effectiveness of the emergency plans put into effect in accordance with paragraph (1).

(7) The local authority must co-operate with the operator in making the operator's assessment of the effectiveness of the emergency plans as required by paragraph (6).

(8) The operator must, within 28 days of the day on which the assessment made under paragraph (6) is completed, make a report of the findings of that assessment and retain that report or a copy of that report for at least 50 years from the date on which the report was completed.

(9) The operator must provide the regulator with a copy of the report made under paragraph (8) within 28 days of the day on which it was completed.

Emergency exposures: employees

18.-(1) Where an emergency plan prepared pursuant to these Regulations provides for the possibility of any employee receiving an emergency exposure, each employer must, in relation to that employer's employees-

(a)identify those employees who may be subject to emergency exposures;

(b)provide those employees with appropriate training in the field of radiation protection and such information and instruction as is suitable and sufficient for them to know the risks to health created by exposure to ionising radiation and the precautions which should be taken;

(c)provide such equipment as is necessary to restrict the exposure of such employees to ionising radiation;

(d)make arrangements for medical surveillance by an appointed doctor or employment medical advisor to be carried out without delay in the event of a radiation emergency in respect of those employees who receive emergency exposures;

(e)make arrangements with an approved dosimetry service for-

(i)dose assessments to be carried out without delay in the event of a radiation emergency in respect of those employees who receive emergency exposures, and a dose assessment made for the purpose of this sub-paragraph shall, where practicable, be made separately from any other dose assessment relating to those employees; and

(ii)the results of the dose assessments carried out under sub-paragraph (i) to be notified without delay to the employer and to the regulator;

(f)make arrangements, in respect of dose assessments to be carried out and notified pursuant to sub-paragraph (e), to notify the results of such assessments without delay to the appointed doctor or employment medical adviser who is carrying out the medical surveillance on the employee to whom the assessment relates; and

(g)identify those employees who are authorised, in the event of a radiation emergency, to permit any employee referred to in sub-paragraph (a) to be subject to an emergency exposure and provide employees who are so authorised with appropriate training.

(2) Each employer must notify the regulator of the dose levels which that employer has determined are appropriate to be applied in respect of an employee identified for the purposes of paragraph (1)(a) in the event of an emergency.

(3) The notification required by paragraph (2) must be made in advance of the first occasion on which the operator of the premises in which the employee works undertakes work with ionising radiation to which these Regulations apply.

(4) Where an employer determines that a dose level notified under paragraph (2) is no longer appropriate to be applied in respect of an employee identified for the purposes of paragraph (1)(a) in the event of such emergency, and that a revised dose level should be determined, the employer must, at least 28 days before formally determining the revised dose level, or within such shorter time as the regulator agrees, notify the regulator of the revised dose level which the employer considers is appropriate to be applied.

(5) In any case where, in the opinion of the regulator, the dose levels for emergency exposure notified pursuant to paragraph (2) or (4) are too high, the employer must, if directed to do so by the regulator, substitute such other dose level or levels as the regulator considers appropriate.

(6) Where an emergency plan is put into effect pursuant to regulation 17, each employer must ensure-

(a)that no employee of that employer who is under 18 years of age, no trainee or apprentice under the age of 18 years of age, and no female employee who is pregnant or breastfeeding is subject to an emergency exposure;

(b)that no other employee of that employer is subject to an emergency exposure unless-

(i)that employee has agreed to undergo such exposure;

(ii)the requirements of paragraph (1)(a) to (f) have been complied with in respect of that employee; and

(iii)that employee has been permitted to be so by an employee authorised for that purpose under paragraph (1)(g); and

(c)that the protective action taken in response to that radiation emergency prioritises keeping the dose level below the dose level determined in accordance with paragraphs (2), (4) or (5).

(7) The requirement imposed on the employer by paragraph (6)(a) in respect of a female employee who is pregnant or breastfeeding does not apply until that employee has notified the employer in writing of that fact or the employer ought reasonably to have been aware of that fact.

(8) The requirement imposed by paragraph (6)(c) does not apply in respect of an exposure of any employee who-

(a)having been informed about the risks involved in the implementation of an emergency plan, agrees to undergo an exposure greater than any dose level referred to in that sub-paragraph in order to save life, prevent severe health effects induced by ionising radiation, or to prevent the development of catastrophic conditions; and

(b)is permitted to undergo such exposure by an employee authorised by the employer in accordance with paragraph (1)(g) to give such permission.

(9) Where an employee has undergone an emergency exposure, the employer must ensure that the dose of ionising radiation received by that employee is assessed by an approved dosimetry service and that the dose assessed is recorded separately in the dose record of that employee or, where no dose record exists, in a record created for the purpose of this paragraph complying with the requirements to which it would be subject if it were a dose record.

(10) An employer must, at the request of that employer's employee in circumstances where a record has been created for the purpose of paragraph (9) and on reasonable notice being given, obtain from the approved dosimetry service and make available to the employee a copy of the record of dose relating to that employee.

(11) In the event of a report being made pursuant to regulation 17(6) relating to the circumstances of an emergency exposure and the action taken as a result of that exposure, an employer must keep such a report (or copy of the report)-

(a)until any person to whom the report relates has or would have attained the age of 75 years; and

(b)in any event, for at least 30 years from the termination of the work which gave rise to the emergency exposure.

(12) An employer who has a duty under this regulation must also comply with that duty as regards any person who regularly provides a service to that employer as a volunteer.

Disapplication of dose limits

19.  Except in relation to a perceived risk arising from a radiation emergency, regulation 12 of the 2017 Regulations does not apply to an emergency worker, where that emergency worker-

(a)is engaged in preventing the imminent occurrence of a radiation emergency; or

(b)is acting to mitigate the consequences of a radiation emergency which it is expected will occur or which has occurred.

Reference levels

20.-(1) The operator or local authority which has prepared an emergency plan in accordance with regulations 10 or 11, as the case may be, must ensure that the emergency plan prioritises keeping effective doses below a 100 mSv reference level.

(2) The operator or local authority must record in the emergency plan for which it is responsible the appropriate dose level for each emergency worker as determined by the employer in accordance with regulation 18(2).

(3) Where the response to a radiation emergency is underway, reference levels determined for emergency workers in accordance with regulation 18(2) may be revised or introduced in relation to specific tasks by that emergency worker's employer in order to optimise the response.

(4) In exceptional circumstances, in order to save life, to prevent severe radiation-induced health effects or to prevent the development of catastrophic conditions, a reference level for an effective dose for an emergency worker from external ionising radiation may be set by an employer in excess of 100 mSv but not exceeding 500 mSv.

(5) Where the response to a radiation emergency is underway, specific reference levels, to optimise the response, may be determined by the local authority in whose area an off-site emergency plan is in place.

(6) In determining specific reference levels under paragraph (5), the local authority must take advice from the person coordinating the off-site response to the radiation emergency.

(7) The Secretary of State may also set a reference level whether applicable locally or nationally in addition to any reference level set under paragraph (5).

(8) Any revision of the reference levels in response to a radiation emergency made in accordance with paragraph (3), (4), (5) or (7) must be recorded in the report required by regulation 17(6).

Prior information to the public

21.-(1) The local authority which has responsibility for an area covered by an off-site emergency plan with a detailed emergency planning zone must, in cooperation with the operator, ensure that members of the public are made aware of the relevant information, and, where appropriate, are provided with it.

(2) The local authority which has responsibility for an area covered by an off-site emergency plan with an outline emergency planning zone must, in cooperation with the operator, ensure that members of the public have access to the relevant information.

(3) The relevant information referred to in paragraphs (1) and (2) is-

(a)where the area is covered by a detailed emergency planning zone only, the information set out in Part 1 of Schedule 8 only;

(b)where the area is covered by an outline planning zone and a detailed emergency planning zone, the information set out in paragraphs 8 and 9 of Schedule 8 in addition to the information set out in Part 1 of Schedule 8;

(c)where the area is covered by an outline planning zone only, the information set out in Part 2 of Schedule 8.

(4) In preparing the information to be provided in accordance with paragraphs (1) and (2), the local authority must consult such persons who seem to that local authority to be appropriate.

(5) The information to which members of the public are to be provided or to have access in accordance with paragraphs (1) and (2) must be made available to them both electronically and in hard copy.

(6) The local authority must review, and where necessary revise, the relevant information referred to in paragraph (3)-

(a)at regular intervals, but in any case not exceeding three years; and

(b)whenever significant changes to the protective action or authorities referred to in paragraphs 3, 4 and 5 of Schedule 8 take place.

(7) Where the information has been revised in accordance with paragraph (6) the local authority must ensure that the revised information is made available to members of the public who have property in or who are in the area covered by the local authority, in accordance with paragraph (1) or (2) as appropriate.

(8) The operator must not carry out the work with ionising radiation to which the evaluation made in accordance with regulation 4(1) or 6(1) applies before the information referred to in paragraph (3) is supplied.

(9) The local authority must ensure that the information is made available in accordance with paragraph (1) or (2) again-

(a)at intervals not exceeding three years; and

(b)if it is revised pursuant to paragraph (6), as soon as reasonably practicable after the revision.

(10) Where a report is made pursuant to regulation 7, the local authority must make that report available to the public as soon as reasonably practicable after it has been sent to the regulator under that regulation (except that, with the approval of the regulator, the local authority must not make available any part or parts of such report for reasons of industrial, commercial or personal confidentiality, public security or national security).

Duty of local authority to supply information to the public in the event of an emergency

22.-(1) Every local authority must prepare and keep up to date arrangements to supply, in the event of an emergency in that local authority's area (however that emergency may arise), information about and advice on the facts of the emergency, of the steps to be taken and, as appropriate, of the protective action applicable.

(2) The arrangements prepared and kept up to date under paragraph (1) must 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 emergency.

(3) In preparing those arrangements and in keeping them up to date, the local authority must consult any other authority likely to be responsible for implementing the relevant protective action referred to in Schedule 9 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) must, if relevant to the type of emergency, include that specified in Schedule 9 and must, in any event, mention the authority or authorities responsible for implementing the relevant protective action referred to in that Schedule.

(5) For the purposes of paragraph (2), the members of the public referred to in that paragraph as actually affected are those whose cooperation is sought to put into effect any steps or protective action referred to in paragraph (1).

(6) In this regulation, "emergency" includes a radiation emergency, but also includes any other emergency (whether within the United Kingdom or otherwise) which does or could have the same impact as a radiation emergency in Great Britain.

Retention of information

23.  Each operator and each local authority which has duties by virtue of these Regulations must retain the information they are required to prepare, in particular under regulations 4 to 12 and 17, and must produce that information if requested to do so by the regulator or the Secretary of State.

Radiation protection adviser

24.-(1) Every employer which carries out work with ionising radiation must consult one or more suitable radiation protection advisers about occupational and public exposure to assist with that employer's preparations for responding to radiation emergency situations.

(2) Where an employer consults a radiation protection adviser pursuant to the requirements of paragraph (1) (other than in respect of the observance of that paragraph), the employer must appoint that radiation protection adviser in writing and must include in that appointment the scope of the advice which the radiation protection adviser is required to give as if the employer were an employer under the 2017 Regulations.

(3) The employer must provide any radiation protection adviser appointed by it with adequate information and facilities for the performance of the radiation protection adviser's functions arising from their consultation or appointment under this regulation.

Modifications relating to the Ministry of Defence etc

25.-(1) In this regulation, any reference to-

(a)"visiting forces" is a reference to visiting forces within the meaning of any provision of Part 1 of the Visiting Forces Act 1952(15); and

(b)"headquarters or organisation" is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(16).

(2) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt-

(a)Her Majesty's Forces;

(b)visiting forces;

(c)any member of a visiting force working in or attached to any headquarters or organisation; or

(d)any person engaged in work with ionising radiation for, or on behalf of, the Secretary of State for Defence,

from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and a limit of time and may be revoked at any time by a certificate in writing.

(3) The requirements of regulation 18 do not have effect in relation to Her Majesty's Forces to the extent that compliance with those requirements would, in the opinion of the Secretary of State for Defence, be against the interests of national security.

Disclosure of information

26.  Where any person is entitled to seek any information from an operator under these Regulations, the Secretary of State may certify in writing that, in the opinion of the Secretary of State, the provision of that information would be contrary to the interests of national security.

Revocation

27.  The Radiation (Emergency Preparedness and Public Information) Regulations 2001(17) are revoked.

Transitional and savings provisions

28.-(1) Any person who had a duty under the Radiation (Emergency Preparedness and Public Information) Regulations 2001 ("the 2001 Regulations") prior to these Regulations coming into force may continue to comply with the provisions of the 2001 Regulations instead of the provisions of these Regulations, notwithstanding the revocation made in regulation 27, until the end of 21st May 2020.

(2) A person who had a duty under the 2017 Regulations, but not the 2001 Regulations, prior to these Regulations coming into force is not subject to a duty under these Regulations until the end of 21st May 2020.

(3) From the start of 22nd May 2020, these Regulations must be complied with in full, save that-

(a)any test of an emergency plan carried out in the three years prior to the coming into force date is to be treated as though it were a test undertaken pursuant to regulation 12; and

(b)within 6 months of the coming into force date, if an operator has complied with its obligations under these Regulations in full, that operator may continue to work with ionising radiation or commence work with ionising radiation, as the case may be, although the local authority has not prepared its off-site emergency plan as required by these Regulations, where the regulator, exceptionally, determines that it would be reasonable so to do.

Consequential amendments

29.  Schedule 10 makes amendments consequential upon these Regulations.

Review

30.-(1) The Secretary of State must from time to time-

(a)carry out a review of the regulatory provisions contained in these Regulations, and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before 22nd May 2024.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(18) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under articles 7, 15, 17, 32 to 34, 53, 69 to 71, 82 and 97 to 98 of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom(19) are implemented in other countries which are subject to the obligations.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular-

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Regulation 3(1)

SCHEDULE 1

PART 1Table of radionuclides

PART 2Quantity ratios for more than one radionuclide

For the purpose of regulation 3(4), the quantity ratio for more than one radionuclide is the sum of the quotients of the quantity of a radionuclide present Q_p divided by the quantity of that radionuclide specified in the appropriate column of Part 1 of this Schedule Q_lim, namely-

Regulation 3(1)

SCHEDULE 2

For the purpose of regulation 3(1), the specified mass of a fissile material set out below is-

(a)plutonium as Pu-239 or Pu-241 or as a mixture of plutonium isotopes containing Pu-239 or Pu-241 – 150 grams;

(b)uranium as U-233 – 150 grams;

(c)uranium enriched in U-235 to more than 1% but not more than 5% - 500 grams; and

(d)uranium enriched in U-235 to more than 5% - 250 grams.

Regulation 5(1)

SCHEDULE 3

1.  The following requirements must be complied with in the assessment of consequences required by regulation 5.

2.  The assessment must be based on a suitable and sufficient range of source terms representing a range of potential radiation emergencies which might arise from the work with ionising radiation.

3.  The calculations undertaken in support of the assessment must consider a range of weather conditions (if weather conditions are capable of affecting the extent of the impact of the radiation emergency) to account for-

(a)the likely consequences arising from such conditions; and

(b)consequences which are less likely, but with greater impact.

4.  The assessment must consider the consequences of the potential radiation emergencies identified in regulation 4 on the population within the geographical extent of the potential radiation emergency, accounting. for different characteristics, including, for example age and other characteristics which would render specific members of the public especially vulnerable.

5.  The assessment must consider what would be an effective and, where relevant, equivalent dose to the thyroid in the context of each potential radiation emergency identified.

6.  The assessment must include all relevant pathways by which members of the public could be exposed to radiation in the context of each potential radiation emergency identified.

7.  The assessment must identify any protective action that may need to be taken for the range of potential radiation emergencies.

8.  The assessment must assess the consequences of suitable and sufficient source terms by distance and by exposure pathway, and the distances to which protective action would be required based on the United Kingdom's Emergency Reference Levels, published by Public Health England(20).

9.  In this Schedule "source term" means the radioactivity which could give rise to direct external exposures from the premises or which could be released to the environment in a radiation emergency and, for releases, includes-

(a)the amount of each radionuclide released;

(b)the time distribution of the release;

(c)the energy associated with atmospheric release; and

(d)the likely chemical and physical form of the radionuclides in the release.

Regulation 7(3)

SCHEDULE 4Particulars to be included in a consequences report

PART 1Factual Information

1.  The following factual information must be provided in the operator's consequences report-

(a)the name and address of the operator;

(b)the postal address of the premises where the radioactive substance will be processed, manufactured, used or stored, or where the facilities for processing, manufacture, use or storage exist;

(c)the date on which it is anticipated that the work with ionising radiation will commence or, if it has already commenced, a statement to that effect.

PART 2Recommendations

2.  The operator must include the following recommendations in the consequences report-

(a)the proposed minimum geographical extent from the premises to be covered by the local authority's off-site emergency plan; and

(b)the minimum distances to which urgent protective action may need to be taken, marking against each distance the timescale for implementation of the relevant action.

3.  In relation to a minimum geographical extent recommended under paragraph 2, the operator must also include within the consequences report-

(a)the recommended urgent protective actions to be taken within that zone, if any, together with timescales for the implementation of those actions; and

(b)details of the environmental pathways at risk in order to support the determination of food and water restrictions in the event of a radiation emergency.

PART 3Rationale

4.  The operator must set out the rationale supporting each recommendation made in the consequences report.

5.  In particular, the operator must set out-

(a)the rationale for its recommendation on the minimum distances for which urgent protective action may need to be taken; and

(b)where the operator and local authority have agreed that no off-site planning is required, and therefore no emergency planning is recommended, the rationale for that agreement.

Regulation 9(1)(a)

SCHEDULE 5

1.  The following table applies for the purpose of setting the outline planning zone under regulation 9(1)(a).

2.  In the Table at paragraph 1 "High Level Waste" means waste which is radioactive enough for the heat released as a result of radioactive decay to increase significantly its temperature and the temperature of its surroundings and includes-

(a)the liquid residue that contains most of the radioactivity from the reprocessing of spent nuclear fuel;

(b)this residue once it has solidified; or

(c)any other waste with similar radiological characteristics.

Regulations 10(3) and 11(3)

SCHEDULE 6Information to be included in emergency plans

PART 1Information to be included in an operator's emergency plan

1.  The information referred to in regulation 10(3) is as follows-

(a)the arrangements to set emergency procedures in motion;

(b)the arrangements to co-ordinate the on-site mitigatory action;

(c)the name or position of the person with responsibility for liaison with the local authority responsible for preparing the off-site emergency plan;

(d)for conditions or events which could be significant in bringing about a radiation emergency, a description of the action which should be taken to control the conditions or events and to limit their consequences, including a description of the safety equipment and resources available;

(e)the arrangements for limiting the risks to persons on the premises including how warnings are to be given and the protective action persons are expected to take on receipt of a warning;

(f)the arrangements for providing early warning of the incident to the responder or responders identified in the local authority's off-site emergency plan to set the off-site emergency planning in motion, the type of information which should be contained in an initial warning and the arrangements for the provision of more detailed information as it becomes available;

(g)the arrangements for providing assistance to the local authority with its off-site protective action;

(h)the arrangements for providing information about the incident to the Secretary of State and the regulator;

(i)the arrangements for providing information about the incident to the Scottish Government or the Welsh Ministers, if appropriate;

(j)the arrangements for dealing with emergency exposures including the dose levels which have been determined as appropriate for the purposes of putting into effect the emergency plan;

(k)the arrangements to prioritise keeping doses within the reference levels set out in regulation 20(1);

(l)any specific arrangements which take account of lessons learned from past emergency situations, whether at the operator's premises or otherwise;

(m)what protective action is proposed to be taken, and how far each such action extends within any detailed emergency planning zone; and

(n)the arrangements which the operator considers may assist in the transition from a radiation emergency to an existing exposure situation, including who will be involved in such transition, what information they are to receive and when.

PART 2Information to be included in the off-site emergency plan

CHAPTER 1Information about detailed emergency planning zones

2.  The information referred to in regulation 11(3)(a) is as follows-

(a)the arrangements to set emergency procedures in motion;

(b)the arrangements to co-ordinate the off-site protective action;

(c)the arrangements for receiving early warning of incidents, and alert and call-out procedures;

(d)the arrangements for co-ordinating resources necessary to implement the off-site emergency plan;

(e)the arrangements for providing assistance to the operator with on-site mitigatory action;

(f)the arrangements for off-site protective action;

(g)the arrangements for providing the public with specific information relating to the emergency and the response or responses recommended to the public as a whole or parts of it as a result of the emergency;

(h)the arrangements for dealing with emergency exposures including the dose levels which have been determined as appropriate for the purposes of putting into effect the emergency plan;

(i)the arrangements to prioritise keeping doses within the reference levels set out at regulation 20(1);

(j)any specific arrangements which take account of lessons learned from past emergency situations, whether at the operator's premises or otherwise;

(k)the arrangements for carrying out an assessment of the impacts of the radiation; and

(l)the arrangements which the local authority considers necessary in the transition from a radiation emergency to an existing exposure situation, including who will be involved in such a transition and what information they are to receive.

CHAPTER 2Information about outline planning zones

3.  The information referred to in regulation 11(3)(b) is as follows-

(a)where there is no detailed emergency planning zone, the information set out at paragraph 2; and

(b)in all cases-

(i)at what stage and how the response to a radiation emergency triggers a response within the outline planning zone; and

(ii)whether there are any areas of detailed planning within the outline planning zone and, if so, the detailed planning arrangements in respect of any such area.

4.  In paragraph 3(b)(ii), an area of detailed planning within the outline planning zone means an area within which a greater degree of planning is necessary as a result of the existence of particular factors such as schools or hospitals within that area.

CHAPTER 3Information which an off-site emergency plan must contain

5.  In order to comply with regulation 11(3)(c) an off-site emergency plan must-

(a)set out the extent of the detailed emergency planning zone (if any) and the outline planning zone (if any);

(b)in respect of the detailed emergency planning zone, set out-

(i)the severity of the consequences in terms of dose quantity; and

(ii)the extent to which the consequences can be mitigated by timely action;

(c)set out how the off-site emergency plan aims to mitigate the consequences of an emergency, in response to the factors listed at (b); and

(d)set out the process for determining when the site and the surrounding area is no longer in an emergency state.

Regulations 10(3) and 11(3)

SCHEDULE 7Principles and purposes of emergency plans

PART 1Principles to which emergency plans must have regard

1.  Any person with responsibility for preparing an emergency plan under these Regulations must consider the following principles when preparing that plan-

(a)the necessity for the plan to respond to the particular characteristics of a given radiation emergency as those characteristics emerge;

(b)the necessity to optimise protection strategies to ensure that the proposed response, as a whole, is predicted to do more to mitigate the radiation emergency and facilitate transition from that emergency to an existing exposure situation than to increase its duration or consequences, taking into account-

(i)the health risks arising from exposure to ionising radiation as a result of the radiation emergency, in both the long and the short term;

(ii)the economic consequences of the radiation emergency;

(iii)the effects of the disruption, both on the premises and the area immediately surrounding it, and on the public perception of the effects of the radiation emergency;

(c)the necessity of avoiding, so far as possible, the occurrence of serious physical injury to any person; and

(d)the necessity of ensuring that an appropriate balance is struck between the expected harms and benefits of any particular protective action so as to maximise the benefit of that action.

PART 2Purposes of emergency plans

2.  Any person with responsibility for preparing an emergency plan under these Regulations must ensure that the plan, if implemented, would fulfil the following purposes-

(a)to reduce or stop the effects of the radiation emergency;

(b)to reduce the exposure to individuals and to the environment resulting from the release of ionising radiation;

(c)if necessary, to ensure that provision is made for the medical treatment of those affected by the radiation emergency; and

(d)to prioritise the implementation of the plan in relation to any person exposed to a dose in excess of the reference levels set out in regulation 20.

Regulation 21(3)

SCHEDULE 8Prior information for members of the public

PART 1Information in relation to detailed emergency planning zones

1.  Basic facts about ionising radiation and its effects on persons and on the environment.

2.  The various types of radiation emergency identified and their consequences for the general public and the environment.

3.  Protective action envisaged to alert, protect and assist the general public in the event of a radiation emergency.

4.  Appropriate information on protective action to be taken by the general public in the event of a radiation emergency.

5.  The authority or authorities responsible for implementing the protective action referred to in paragraphs 3 and 4 above.

6.  The extent of the detailed emergency planning zone.

PART 2Information in relation to outline planning zones

7.  Where the information set out at paragraphs 1 to 5 can be obtained.

8.  The extent of the outline planning zone.

9.  The factors which would cause the plan in respect of the outline planning zone to be triggered, and whether there are any areas of detailed planning within the outline planning zone as defined at paragraph 4 of Part 2 of Schedule 6.

Regulation 22(4)

SCHEDULE 9Information to be supplied in the event of a radiation emergency

1.  Information on the type of emergency which has occurred, and, where possible, its characteristics, for example, its origin, extent and probable development.

2.  Advice on protective action which may include, depending on the type of emergency-

(a)any restrictions on the consumption of certain foodstuffs and water supply likely to be contaminated;

(b)any basic rules on hygiene and decontamination;

(c)any recommendation to stay indoors;

(d)the distribution and use of protective substances;

(e)any evacuation arrangements;

(f)special warnings for certain population groups.

3.  Details concerning any announcements recommending cooperation with instructions or requests by the regulator.

4.  Where an incident which is likely to give rise to a release of radioactivity or ionising radiation has taken place but no release has yet occurred, the information and advice should include the following-

(a)details of the relevant communications channels on which information about the incident will be available;

(b)preparatory advice to establishments with particular collective responsibilities; and

(c)recommendations to occupational groups particularly affected.

5.  If time permits, information setting out the basic facts about radioactivity and its effects on persons and on the environment.

6.  In paragraph 4(b), "establishments with particular collective responsibilities" means hospitals, care homes, schools or similar establishments.

Regulation 29

SCHEDULE 10Consequential amendments

Road Vehicles (Construction and Use) Regulations 1986

1.  Regulation 37 of the Road Vehicles (Construction and Use) Regulations 1986(21) is amended as follows-

(a)in paragraph (5)(k) omit "radiation accident or" in both place it occurs; and

(b)in paragraph (9A) for the definition of "radiation accident" and "radiation emergency" substitute-

""radiation emergency" has the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2019.".

Road Vehicles Lighting Regulations 1989

2.  Regulation 3 of the Road Vehicles Lighting Regulations 1989(22) is amended as follows-

(a)in the definition of "emergency vehicle" omit "radiation accident or" in both places it occurs; and

(b)in the definition of "radiation accident" and "radiation emergency"-

(i)omit "radiation accident and"; and

(ii)for "2001" substitute "2019".

Health and Safety (Enforcing Authority) Regulations 1998

3.  In regulation 4A(2)(aa) of the Health and Safety (Enforcing Authority) Regulations 1998(23) for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005

4.  In regulation 9(c) of the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005(24) for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

5.  In regulation 12(e) of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005(25) for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006

6.  In regulation 17(3) of the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006(26) in the inserted paragraph (4C) for "paragraph (2) of regulation 13 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "paragraph (3) of regulation 17 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006

7.  In regulation 17(3) of the Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006(27) in the inserted paragraph (4C) for "paragraph (2) of regulation 13 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "paragraph (3) of regulation 17 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Radioactive Contaminated Land (Scotland) Regulations 2007

8.  In regulation 15 of the Radioactive Contaminated Land (Scotland) Regulations 2007(28) in the inserted subsection 7(a) for "regulation 12(2) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "regulation 17(3) of the Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008

9.-(1) Regulation 11 of the Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008(29) is amended as follows.

(2) In paragraph (2)(c) for "regulation 9 of the Radiation (Emergency Preparedness and Public Information) Regulations ("the 2001 Regulations") substitute "regulation 11 of the Radiation (Emergency Preparedness and Public Information) Regulations 2019 ("the 2019 Regulations")".

(3) In paragraph 4-

(a)in sub-paragraph (a) for "2001" substitute "2019";

(b)in sub-paragraph (b) from "an assessment" to the end, substitute "an evaluation or an assessment made by the operator under regulation 4 or 6 of the 2019 Regulations which does not reveal the potential for the occurrence of a radiation emergency".

(4) In paragraph 5 for "2001" substitute "2019".

Human Medicines Regulations 2012

10.-(1) The Human Medicines Regulations 2012(30) are amended as follows.

(2) In regulation 8(1) in the definition of radiation emergency for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019".

(3) In the entry numbered 19 in the first column of the table in Part 5 of Schedule 17 for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

11.  The table in Part 2 of Schedule 2 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015(31) is amended as follows-

(a)in column 1 for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019"; and

(b)for column 2 of the entry for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute-

"Any evaluation required under regulation 4 (hazard evaluation)

Any assessment required under regulation 5 (consequence assessment)

Any assessment required under regulation 6 (review of hazard evaluation and consequence assessment)".

Health and Safety and Nuclear (Fees) Regulations 2016

12.-(1) The Health and Safety and Nuclear (Fees) Regulations 2016(32) are amended as follows.

(2) In regulation 8-

(a)in the heading for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019";

(b)in paragraph 4 for "2001" in each place it occurs substitute "2019";

(c)in paragraph 11 for the definition of "the 2001 Regulations" substitute-

""the 2019 Regulations" means the Radiation (Emergency Preparedness and Public Information) Regulations 2019".

(3) In Schedule 6-

(a)in the heading for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019"; and

(b)in the first column of table 2 for "regulation 14 of the 2001 Regulations" in both places it occurs substitute "regulation 18 of the 2019 Regulations".

Ionising Radiations Regulations 2017

13.  In regulation 36(1) of the Ionising Radiations Regulations 2017(33) for "Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "Radiation (Emergency Preparedness and Public Information) Regulations 2019".

Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018

14.  In regulation 4(2)(a) of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018(34) for "paragraph (2) of regulation 13 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001" substitute "paragraph (3) of regulation 17 of the Radiation (Emergency Preparedness and Public Information) Regulations 2019".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and supersede the Radiation (Emergency Preparedness and Public Information) Regulations 2001.

The Regulations impose duties on operators of premises in which work with ionising radiation takes place to identify the hazards arising from the work with such radiation which have the potential to cause a radiation emergency. Where such hazards exist, the operator is under a duty to assess the consequences of the radiation emergency, and liaise with the local authority. Both the local authority and the operator must engage in planning against the radiation emergency occurring, test such plans at regular intervals and provide information to the public.

The Regulations implement in part as respects Great Britain provisions of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ No L13, 17.1.2014, p 1).

Regulation 3 makes provision for the application of the Regulations. The Regulations apply to work with ionising radiation on premises on which there is a radioactive substance containing more than the quantity of any radionuclide set out in Schedule 1, or, in the case of fissile material, more than the mass of the fissile material, as set out in Schedule 2. Where a radionuclide is not specified in Schedule 1, the operator must assess whether the quantity present on the premises would allow an annual dose of greater than 1 mSv, and, if so, these Regulations also apply.

Regulation 4 provides that the operator must, before work is carried out for the first time at the premises, carry out an evaluation of the hazards arising from the work undertaken on the premises to determine whether they have the potential to cause a radiation emergency. Where they have that potential, regulation 4 require operators to undertake protective action.

Regulation 5 provides that, where an operator has identified the potential for a radiation emergency pursuant to its evaluation, the operator must make a further assessment in accordance with Schedule 3 to evaluate a full range of consequences of such a radiation emergency.

Regulation 6 provides that, where the operator proposes a change in its work with ionising radiation, or where a change occurs, the operator must undertake review of its evaluation in accordance with regulation 4 and either make a further assessment in accordance with regulation 5 or make a declaration that the change of circumstances which triggered the review would not affect the last evaluation.

Regulation 7 requires the operator to send a consequences report to the local authority, which includes a proposed detailed emergency planning zone, and must discuss those consequences with the local authority.

Regulation 8 provides that it is the responsibility of the local authority to determine the detailed emergency planning zone, either on the basis of the operator's proposal or, on the basis that the local authority's off-site emergency plan requires it, to extend the detailed emergency planning zone.

Regulation 9 provides for who will determine an outline planning zone in relation to certain sites.

Regulation 10 provides that the operator is responsible for preparing an emergency plan where the evaluation under regulation 4 shows that a radiation emergency may arise.

Regulation 11 provides that, where there is a detailed emergency planning zone, an outline planning zone, or both, the local authority must prepare an off-site emergency plan to mitigate the consequences of a radiation emergency outside the operator's premises.

Regulation 12 makes provision for the reviewing and testing of both the operator's on-site emergency plan and the local authority's off-site emergency plan.

Regulation 13 provides for cooperation between the operator and the local authority in fulfilling their duties to prepare emergency plans, and regulation 14 provides for cooperation between local authorities in the making and testing of off-site emergency plans. Regulation 15 provides for cooperation between operators and other employers on the same premises.

Regulation 16 provides that a local authority may charge the operator for performing its functions in relation to the preparation and testing of an off-site emergency plan.

Regulation 17 sets out when operators and local authorities should implement their emergency plans and who should be informed about that implementation. Regulation 17 also provides for a full assessment of the consequences of any radiation emergency which occurs and the effectiveness of the emergency plans after any implementation.

Regulation 18 provides that training and equipment should be provided to employees by their employer where there is the possibility of that employee receiving an emergency exposure of ionising radiation and makes further provision for employees where an emergency plan is put into place.

Regulation 19 disapplies regulation 12 of the Ionising Radiations Regulations 2017 to an emergency worker who is engaged in preventing or mitigating the consequences of a radiation emergency.

Regulation 20 provides that the operator's emergency plans and the local authority's off-site emergency plans must prioritise reducing doses below 100 mSv. When the response to a radiation emergency is underway, specific reference levels for the public may be determined by the local authority, who may seek advice from the person coordinating the off-site response to that emergency. In exceptional circumstances, the reference level for emergency workers may be set in excess of 100 mSv, but not exceeding 500 mSv.

Regulations 21 and 22 provide for information to be provided to the public in an area covered by a detailed emergency planning zone and in the event of an emergency respectively.

Regulation 23 provides for the retention of information by the operator and the local authority.

Regulation 24 contains provisions requiring employers to consult radiation protection advisors where the employer is engaged in work with ionising radiation for the purposes of the radiation protection advisor to advice on compliance with these Regulations.

Regulation 25 provides for specific modifications of the Regulations for the purposes of the Ministry of Defence, relating to national security.

Regulation 26 provides that, where a person is entitled to seek information under the Regulations, the Secretary of State may certify that the provision of that information would be contrary to the interests of national security.

Regulation 27 provides for the revocation of the Radiation (Emergency Preparedness and Public Information) Regulations 2001, subject to the transitional and savings provisions set out in regulation 28.

Regulation 29 and Schedule 10 provide for consequential amendments.

Regulation 30 provides that the Secretary of State must review the Regulations on a regular basis.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London.