| Guvnor

Enforced by: NIEA
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 5 of 27 obligations carry an unlimited fine. 2 carry different penalties and 20 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person12 Director or Officer1 Applicant1

Plus 13 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Applicant — also bound by 325 other Acts

Insolvency (England and Wales) Rules 2016 46 duties

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.004 Inspectors and chief inspector appointed by Secretary of State. Regulated

Other duties (1) — Crown / regulator

NI Department must appoint a chief inspector for radioactive substancesCrown / Minister / Government department

s.006 Prohibition of use of radioactive material without registration. Regulated

Do not keep or use radioactive material without registration or exemptionAny Person

s.007 Registration of users of radioactive material. Regulated

Apply to register before keeping or using radioactive materialApplicant

s.009 Prohibition of use of mobile radioactive apparatus without registration. Regulated

s.013 Disposal of radioactive waste. Regulated

Do not dispose of radioactive waste without an authorisationAny Person

s.014 Accumulation of radioactive waste. Regulated

Get an authorisation before accumulating radioactive wasteAny Person

s.014 Radioactive waste: requirements to be imposed on persons authorised to dispose of and accumulate radioactive waste: Northern Ireland Regulated

Maintain optimal public protection and use a radioactive waste adviserAny Person

s.016 Grant of authorisations. Regulated

Other duties (1) — Crown / regulator

Chief inspector must follow statutory procedure when granting authorisationsStatutory regulator

s.016 Transfer of authorisations Regulated

Other duties (1) — Crown / regulator

Authorising authority must process transfer applications and consult before grantingStatutory regulator

s.017 Review of authorisations and inspection of premises authorised in this Act Regulated

Other duties (1) — Crown / regulator

Regulator must review and inspect radioactive substances authorisationsStatutory regulator

s.018 Functions of public and local authorities in relation to authorisations under s. 13. Regulated

Other duties (1) — Crown / regulator

Chief inspector must consult local authorities before granting authorisationsStatutory regulator

s.019 Duty to display documents. Regulated

Display your registration or authorisation certificate on premisesAny Person

s.022 Prohibition notices. Regulated

Other duties (1) — Crown / regulator

Chief inspector must set out and withdraw prohibition notices correctlyStatutory regulator

s.028 Representations in relation to authorisations and notices where appropriate Minister is concerned. Regulated

Other duties (1) — Crown / regulator

Minister must offer hearing before adverse authorisation and notice decisionsCrown / Minister / Government department

s.030 Recovery and disposal of orphan sources Regulated

Other duties (1) — Crown / regulator

Environmental regulator must maintain response plans for orphan sourcesStatutory regulator

s.032 Offences relating to registration or authorisation. Prosecution

Fail to comply with radioactive substances registration or authorisation rulesAny Person

Unlimited fine

s.033 Offences relating to ss. 19 and 20. Prosecution

Breach radioactive substances registration or authorisation requirementsAny Person

Unlimited fine

s.034 Disclosure of trade secrets. Prosecution

Disclose trade secrets or confidential process informationAny Person

Unlimited fine

s.034 Offences of making false or misleading statements or false entries. Prosecution

Make false statement or false entry in recordsAny Person

Unlimited fine

s.035 Obstruction. Prosecution

Obstruct an inspector or fail to provide required assistanceAny Person

Unlimited fine

s.036 Offences by bodies corporate. Regulated

Consent or neglect leading to company radioactive substances offenceDirector or Officer

s.037 Offence due to another’s fault. Regulated

Cause another person to commit a radioactive substances offenceAny Person

s.039 Public access to documents and records. Regulated

Other duties (1) — Crown / regulator

Chief inspector must keep and provide public access to radioactive substance recordsStatutory regulator

44 other provisions — procedural and definitional

s.001 Meaning of “radioactive material”.

s.001 Meaning of “radioactive material” and “radioactive waste”

s.001 NORM industrial activities

s.001 Processed radionuclides of natural terrestrial or cosmic origin

s.001 Radionuclides not of natural terrestrial or cosmic origin

s.001 Dilution to reduce concentration of radioactivity: Northern Ireland

s.001 Radionuclides with a short half-life

s.001 Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

s.001 Contaminated substances or articles

s.001 Historic radium contamination: Northern Ireland

s.001 Substances or articles after disposal

s.001 Variation of tables in Schedule 1A

s.002 Meaning of “radioactive waste”.

s.003 Meaning of “mobile radioactive apparatus”.

s.005 Appointment of inspectors by Minister of Agriculture, Fisheries and Food.

s.008 Exemptions from registration under s. 7.

s.010 Registration of mobile radioactive apparatus.

s.011 Exemptions from registration under s. 10.

s.012 Cancellation and variation of registration.

s.015 Further exemptions from ss. 13 and 14.

s.017 Revocation and variation of authorisations.

s.020 Retention and production of site or disposal records.

s.021 Enforcement notices.

s.023 Power of Secretary of State to give directions to chief inspector.

s.024 Power of Secretary of State to require certain applications to be determined by him.

s.025 Power of Secretary of State to restrict knowledge of applications etc.

s.026 Registrations, authorisations and notices: appeals from decisions of chief inspector.

s.027 Procedure on appeals unders. 26.

s.029 Provision of facilities for disposal or accumulation of radioactive waste.

s.030 Power of Secretary of State to dispose of radioactive waste.

s.031 Rights of entry and inspection.

s.038 Restriction on prosecutions.

s.040 Radioactivity to be disregarded for purposes of certain statutory provisions.

s.041 Service of documents.

s.042 Application of Act to Crown.

s.043 Fees and charges.

s.044 Regulations and orders: Great Britain.

s.045 Regulations and orders: Northern Ireland.

s.046 Effect of Act on other rights and duties.

s.047 General interpretation provisions.

s.048 Index of defined expressions.

s.049 Consequential amendments and transitional and transitory provisions.

s.050 Repeals.

s.051 Short title, commencement and extent.

Schedules

4 of 62 shown

s.sch002 A person entering upon any premises in the exercise of... Regulated

Other duties (1) — Crown / regulator

Produce written evidence of authority before entering if requestedStatutory regulator

s.sch002 A justice of the peace shall not grant a warrant... Regulated

Other duties (1) — Crown / regulator

Justice of the peace must only issue entry warrant after proper notice or emergencyTribunal / Court

s.sch002 Any person who, in the exercise of a power conferred... Regulated

Other duties (1) — Crown / regulator

Regulator officers must secure unoccupied premises after entryStatutory regulator

s.sch002 Before a person carries out any test on any premises,... Regulated

Other duties (1) — Crown / regulator

Regulator must consult premises duty-holders before carrying out testsStatutory regulator

58 other schedules

s.sch002 This Schedule shall have effect in relation to Scotland with...

s.sch002 Where it is shown to the satisfaction of a justice...

s.sch002 Every warrant granted under this Schedule shall remain in force...

s.sch002 Any power of entry conferred by this Act shall, if...

s.sch002 Any power of entry, or of carrying out tests or...

s.sch002 In this Schedule any reference to a case of emergency...

s.sch003 Sections 48, 81, 82, 141, 259 and 261 of the...

s.sch003 Section 18 of the Water Act 1945 so far as...

s.sch003 Section 155 of the Marine and Coastal Access Act 2009....

s.sch003 The Environmental Permitting Regulations , insofar as they relate to...

s.sch003 Sections . . . 32, 41, 42 and 116 of...

s.sch003 Section 16 of the Clean Air Act 1993.

s.sch003 The Sewerage (Scotland) Act 1968.

s.sch003 The Planning (Hazardous Substances) (Scotland) Act 1997 .

s.sch003 Section 201 of the Local Government (Scotland) Act 1973.

s.sch003 Sections 30A , 30B, 30D, 41 to 42B and 56(1)...

s.sch003 Sections 70, 71 and 75 of the Water (Scotland) Act...

s.sch003 Part III of the Environmental Protection Act 1990.

s.sch003 Sections 50, 51 and 58 of the Public Health (Ireland)...

s.sch003 Section 26 of the Public Health Acts Amendment Act 1890....

s.sch003 Section 16 of the Clean Air Act 1993.

s.sch003 Sections 35, 46, 49 and 51 of the Public Health...

s.sch003 Sections 26, 47 and 124 of the Fisheries Act (Northern...

s.sch003 Articles 5, 7, 9 7A , 14, 16 and 30...

s.sch003 Articles 112, 168 and 170(5) and Chapter III of Part...

s.sch003 The Clean Air (Northern Ireland) Order 1981.

s.sch003 The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.

s.sch003 Part 7 of the Clean Neighbourhoods and Environment Act (Northern...

s.sch003 . . . . . . . . . . . .

s.sch003 Section 4 of the Salmon and Freshwater Fisheries Act 1975....

s.sch003 Section 59 of the Building Act 1984.

s.sch003 The Planning (Hazardous Substances) Act 1990.

s.sch003 Part III of the Environmental Protection Act 1990.

s.sch003 Sections 72, 111 and 113(6) and Chapter III of Part...

s.sch003 Sections 82, 84, 85, 86, 87(1), 88(2) , 92, 93,...

s.sch004 In section 7 of the Continental Shelf Act 1964, for...

s.sch004 After paragraph 10 of the Schedule to the Atomic Weapons...

s.sch004 In section 98 of the Water Resources Act 1991—

s.sch004 In section 4(1)(d) of the Nuclear Installations Act 1965, for...

s.sch004 In section 56(6) of the Control of Pollution Act 1974,...

s.sch004 In article 36(4) of the Pollution Control and Local Government...

s.sch004 In section 4(1) of the Atomic Energy (Miscellaneous Provisions) Act...

s.sch004 In section 28(2) of the Environmental Protection Act 1990, for...

s.sch004 In section 78 of that Act, for “Radioactive Substances Act...

s.sch004 In section 142(7) of that Act, for “the Radioactive Substances...

s.sch004 In section 156 of that Act, for “Radioactive Substances Act...

s.sch005 The substitution of this Act for the enactments repealed by...

s.sch005 (1) If— (a) no date has been appointed before the...

s.sch005 Until the commencement of the repeal by Part II of...

s.sch005 Any reference, whether express or implied, in this Act or...

s.sch005 Any document made, served or issued after the commencement of...

s.sch005 Paragraphs 2 and 3 have effect without prejudice to the...

s.sch005 The power to amend or revoke the subordinate legislation reproduced...

s.sch005 Subsection (1) of section 80 of the Health and Safety...

s.sch005 In the application of paragraph 6 to Northern Ireland^

s.sch005 (1) If— (a) no date has been appointed before the...

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument

DAERA consents for radioactive substances and peat extraction

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Radioactive Substances Act 1993

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules

Help complying