ukpga/Eliz2/8-9/34 — Radioactive Substances Act 1960 (repealed 27.8.1993)

Radioactive Substances Act 1960 (repealed 27.8.1993) 1960 c.34 General provisions for registration of users of radioactive material. 1 1 As from the appointed day no person shall, on any premises which are used for the purposes of an undertaking carried on by him, keep or use, or cause or permit to be kept or used, radioactive material of any description, knowing or having reasonable grounds for believing it to be radioactive material, unless either— a he is registered under this section in respect of those premises and in respect of the keeping and use thereon of radioactive material of that description, or b he is exempted from registration under this section in respect of those premises and in respect of the keeping and use thereon of radioactive material of that description, or c the radioactive material in question consists of mobile radioactive apparatus in respect of which a person is registered under section three of this Act or is exempted from registration under that section. 2 Any application for registration under this section shall be accompanied by the prescribed fee and made to be made to the chief inspector , specifying— a the premises to which the application relates; b the undertaking for the purposes of which those premises are used; c the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used thereon at any one time; and d the manner (if any) in which radioactive material is proposed to be used on the premises, and containing such other information as may be prescribed ; and on any such application being made the chief inspector shall, subject to directions under this section, send a copy of the application to each local authority in whose area the premises are situated. 3 Subject to the following provisions of this section, where an application is made to the chief inspector for registration under this section in respect of any premises, the chief inspector may either— a register the applicant in respect of those premises and in respect of the keeping and use thereon of radioactive material of the description to which the application relates, or b if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use thereon of such one or more of those descriptions of radioactive material as may be specified in the registration, or c refuse the application. 3A An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant. 4 Any registration under this section in respect of any premises may (subject to the next following subsection) be effected subject to such limitations or conditions as the chief inspector thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions, that is to say,— a conditions imposing requirements (including, if the chief inspector thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used thereon for the purposes of any use of radioactive material from which radioactive waste is likely to arise; b conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the chief inspector with information as to the removal of radioactive material from those premises to any other premises; c conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark indicating that it is radioactive material or (if the conditions so require) indicating the description of radioactive material to which it belongs, and (in either case) complying with any requirements specified in the conditions in relation thereto. 5 In the exercise of any power conferred on him by subsection (3) or subsection (4) of this section, the chief inspector , except in determining whether to impose any conditions falling within paragraph (b) or paragraph (c) of the said subsection (4), shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question. 6 On registering a person under this section in respect of any premises, the chief inspector shall furnish him with a certificate containing all material particulars of the registration, and (subject to directions under this section) shall send a copy of the certificate to each local authority in whose area the premises are situated. 7 The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of— a any particular application for registration under this section or applications of any description specified in the directions, or b any particular registration or registrations of any description so specified, should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section. Exemptions from registration under s. 1. 2 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 At any time while a nuclear site licence is in force in respect of a site, and at any time after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end, the licensee (subject to the next following subsection) is exempted from registration under the preceding section in respect of any premises situated on that site and in respect of the keeping and use thereon of radioactive material of every description. 3 Where, in the case of any such premises as are mentioned in the last preceding subsection, it appears to the chief inspector that, if the licensee had been required to apply for registration under the preceding section in respect of those premises, the chief inspector would have imposed conditions such as are mentioned in paragraph (b) or paragraph (c) of subsection (4) of that section, the chief inspector may direct that the exemption conferred by the last preceding subsection shall have effect subject to such conditions (being conditions which in the opinion of the chief inspector correspond to those which he would so have imposed) as may be specified in the direction. 4 On giving a direction under the last preceding subsection in respect of any premises, the chief inspector shall furnish the licensee with a copy of the direction. 5 In respect of all premises, all persons are exempted from registration under the preceding section in respect of the keeping and use thereon of clocks and watches which are radioactive material: Provided that this subsection does not apply to any premises on which clocks or watches are manufactured or repaired by processes involving the use of luminous material. 6 The Secretary of State may by order grant further exemptions from registration under the preceding section, by reference to such classes of premises and undertakings, and such descriptions of radioactive material, as may be specified in the order. 7 Any exemption granted by an order under the last preceding subsection may be granted subject to such limitations or conditions as may be specified in the order. Registration of mobile radioactive apparatus. 3 1 No person shall, for the purpose of any activities to which this section applies— a keep, use, lend or let on hire mobile radioactive apparatus of any description, or b cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire, unless he is registered under this section in respect of that apparatus or is exempted from registration under this section in respect of mobile radioactive apparatus of that description, 2 This section applies to activities involving the use of the apparatus concerned for— a testing, measuring or otherwise investigating any of the characteristics of substances or articles; or b releasing quantities of radioactive material into the environment or introducing such material into organisms. 3 Any application for registration under this section shall be accompanied by the prescribed fee and shall be made to the chief inspector, specifying— a the apparatus to which the application relates, and b the manner in which it is proposed to use the apparatus, and containing such other information as may be prescribed. 4 Where an application is made to the chief inspector for registration under this section in respect of any apparatus, the chief inspector may register the applicant in respect of that apparatus, either unconditionally or subject to such limitations or conditions as the chief inspector thinks fit, or may refuse the application. 4A On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment. 4B An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant. 5 On registering a person under this section in respect of any mobile radioactive apparatus, the chief inspector shall furnish him with a certificate containing all material particulars of the registration. and (subject to directions under this section) shall send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment. 6 The Secretary of State may direct the chief inspector that, in his opinion, on grounds of national security, it is necessary that knowledge of— a any particular application for registration under this section or applications of any description specified in the directions, or b any particular registration or registrations of any description so specified, should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section. Exemptions from registration under s. 3. 4 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Secretary of State may by order grant . . . exemptions from registration under the last preceding section, by reference to such classes of persons, and such descriptions of mobile radioactive apparatus, as may be specified in the order. 3 Any exemption granted by an order under the last preceding subsection may be granted subject to such limitations or conditions as may be specified in the order. Cancellation and variation of registration. 5 1 Where any person is for the time being registered under section one or section three of this Act, the chief inspector may at any time cancel the registration, or may vary it— a where the registration has effect without limitations or conditions, by attaching limitations or conditions thereto; b where the registration has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions thereto. 2 On cancelling or varying a registration by virtue of this section, the chief inspector shall give notice thereof to the person to whom the registration relates, and, if a copy of the certificate of registration was sent to a local authority in accordance with subsection (6) of section one or subsection (5) of section three of this Act, shall send a copy of the notice to that local authority. Disposal of radioactive waste. 6 1 Subject to the provisions of this section, as from the appointed day no person shall, except in accordance with an authorisation granted in that behalf under this subsection, dispose of any radioactive waste on or from any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so disposed of, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste. 2 Where any person keeps any mobile radioactive apparatus for the purpose of its being used in activities to which section three of this Act applies, he shall not, on or after the appointed day, dispose of any radioactive waste arising from any such apparatus so kept by him, or cause or permit any such radioactive waste to be disposed of, except in accordance with an authorisation granted in that behalf under this subsection. 3 Where on or after the appointed day any person, in the course of the carrying on by him of an undertaking, receives any radioactive waste for the purpose of its being disposed of by him, he shall not, except in accordance with an authorisation granted in that behalf under this subsection, dispose of that waste, or cause or permit it to be disposed of, knowing or having reasonable grounds for believing it to be radioactive waste: Provided that the disposal of any radioactive waste does not require an authorisation under this subsection, if it is waste which falls within the provisions of an authorisation granted under either of the preceding subsections, and it is disposed of in accordance with the authorisation so granted. 4 Subsections (1) and (3) of this section shall not apply to the disposal of any radioactive waste arising from clocks or watches: Provided that this subsection shall not affect the operation of subsection (1) of this section in relation to the disposal of any such radioactive waste on or from premises which, by virtue of the proviso to subsection (5) of section two of this Act, are excluded from the operation of the said subsection (5). 5 Without prejudice to the last preceding subsection, the Secretary of State may by order exclude particular descriptions of radioactive waste from any of the provisions of this section, either absolutely or subject to limitations or conditions; and accordingly such of those provisions as may be specified in an order under this subsection shall not apply to a disposal of radioactive waste if it is radioactive waste of a description so specified, and (where the exclusion is subject to limitations or conditions) the limitations or conditions specified in the order are complied with. 6 In relation to any premises which— a are situated on a site in respect of which a nuclear site licence is for the time being in force, or in respect of which, after the revocation or surrender of such a licence, the period of responsibility of the licensee has not come to an end, but b have ceased to be used for the purposes of an undertaking carried on by the licensee, subsection (1) of this section shall apply (subject to the provisions of subsections (4) and (5) of this section) as if the premises were used for the purposes of an undertaking carried on by the licensee. Accumulation of radioactive waste. 7 1 Subject to the provisions of this section, as from the appointed day no person shall, except in accordance with an authorisation granted in that behalf under this section, accumulate (with a view to the subsequent disposal thereof) any radioactive waste on any premises which are used for the purposes of an undertaking carried on by him, or cause or permit any radioactive waste to be so accumulated, if (in any such case) he knows or has reasonable grounds for believing it to be radioactive waste. 2 Where the disposal of any radioactive waste has been authorised under the last preceding section, and in accordance with that authorisation the waste is required or permitted to be accumulated with a view to the subsequent disposal thereof, no further authorisation under this section shall be required to enable the waste to be accumulated in accordance with the authorisation granted under the last preceding section. 3 Subsection (1) of this section shall not apply to the accumulation of radioactive waste on— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b any premises situated on a site in respect of which a nuclear site licence is for the time being in force, or c any premises situated on a site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end. 4 The provisions of subsections (4) and (5) of the last preceding section shall apply for the purposes of this section, as if in those provisions any reference to subsection (1) or subsection (3) of that section were a reference to subsection (1) of this section, and any reference to disposal were a reference to accumulation. 5 For the purposes of this section, where radioactive material is produced, kept or used on any premises, and any substance arising from the production, keeping or use of that material is accumulated in a part of the premises appropriated for the purpose, and is retained there for a period of not less than three months, that substance shall, unless the contrary is proved, be presumed— a to be radioactive waste, and b to be accumulated on the premises with a view to the subsequent disposal thereof. Supplementary provisions as to authorisation of disposal and accumulation of radioactive waste. 8 1 The power to grant authorisations under subsection (1) of section six of this Act in respect of the disposal of radioactive waste on or from— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b any premises situated on a site in respect of which a nuclear site licence is for the time being in force, or c any premises situated on a site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end, shall be exercisable by the chief inspector and the Minister of Agriculture, Fisheries and Food; and the disposal of radioactive waste on or from any such premises shall not be treated as authorised thereunder unless it is so authorised by both the chief inspector and the Minister . 2 Before granting an authorisation to which the preceding subsection applies, the chief inspector and the Minister of Agriculture, Fisheries and Food shall each consult with such local authorities, river boards, local fisheries such local authorities, local fisheries committees, statutory water undertakers or other public or local authorities as appear to him to be proper to be consulted by him. 3 Subject to the preceding provisions of this section, the power to grant authorisations under section six or section seven of this Act shall be exercisable by the chief inspector . 3A Any application for an authorisation shall be accompanied by the prescribed fee. 3B An application for an authorisation under section six or section seven of this Act (other than an application to which subsection (1) of this section applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant. 4 Any authorisation under section six or section seven of this Act may be granted either in respect of radioactive waste generally or in respect of such one or more descriptions of radioactive waste as may be specified in the authorisation; and any such authorisation may be granted subject to such limitations or conditions as the chief inspector or, as the case may be, the chief inspector and the Minister think fit. 4A On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated. 5 On granting any such authorisation, the chief inspector or, as the case may be, the chief inspector and the Minister — a shall furnish the person to whom the authorisation is granted with a certificate containing all material particulars of the authorisation; and b shall , subject to any directions under this section, send a copy of the certificate to each local authority in whose area, in accordance with the authorisation, radioactive waste is to be disposed of or accumulated, and, in the case of an authorisation to which subsection (1) of this section applies, to any other public or local authority consulted in relation thereto in accordance with subsection (2) of this section. 5A The Secretary of State or, as the case may be the Secretary of State and the Minister of Agriculture, Fisheries and Food may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of— a any particular application for authorisation under section six or section seven of this Act or applications of any description specified in the directions, or b any particular authorisation under section six or section seven of this Act or authorisations of any description so specified, should be restricted; and where it appears to the chief inspector that an application or authorisation is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of authorisation, as the case may be, to any public or local authority under any provision of this section. 6 Any such authorisation shall have effect as from such date as may be specified therein: and in fixing that date, in the case of an authorisation where copies of the certificate are required to be sent as mentioned in paragraph ( b ) of subsection (5) of this section the chief inspector or, as the case may be, the chief inspector and the Minister — a shall have regard to the time at which those copies may be expected to be sent, and b shall fix a date appearing to him or them to be such as will allow an interval of not less than twenty-eight days after that time before the authorisation has effect, unless in his or their opinion it is necessary that the coming into operation of the authorisation should be immediate or should otherwise be expedited. 7 The chief inspector or, as the case may be, the chief inspector and the Minister by whom an authorisation has been granted under section six or section seven of this Act may at any time revoke the authorisation, or may vary it— a where the authorisation has effect without limitations or conditions, by attaching limitations or conditions thereto; b where the authorisation has effect subject to limitations or conditions, by revoking or varying any of those limitations or conditions or by attaching further limitations or conditions thereto. 8 On revoking or varying an authorisation granted under section six or section seven of this Act, the chief inspector or, as the case may be, the chief inspector and the Minister shall give notice thereof to the person to whom the authorisation was granted, and, if a copy of the certificate of authorisation was sent to a public or local authority in accordance with paragraph (b) of subsection (5) of this section, shall send a copy of the notice to that authority. Retention and production of site or disposal records. 8A 1 The chief inspector may, by notice served on him, impose on any person to whom a registration under section one or section three of this Act relates or an authorisation under section six or section seven of this Act has been granted such requirements authorised by this section in relation to site or disposal records kept by that person as the chief inspector may specify in the notice. 2 The requirements that may be imposed on a person under this section in relation to site or disposal records are— a to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation; or b to furnish the chief inspector with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation. 3 In relation to authorisations under section six of this Act in so far as the power to grant or revoke such authorisations is exercisable by the chief inspector and the Minister of Agriculture, Fisheries and Food, references in the preceding subsections to the chief inspector shall be construed as references to the chief inspector and that Minister. 4 In this section, in relation to a registration and the person registered or an authorisation and the person authorised— “ the activities regulated ” by his registration or authorisation means— a in the case of registration under section one of this Act, the keeping or use of radioactive material; b in the case of registration under section three of this Act, the keeping, using, lending or hiring of the mobile radioactive apparatus; c in the case of an authorisation under section six of this Act, the disposal of radioactive waste; and d in the case of an authorisation under section seven of this Act, the accumulation of radioactive waste; “ records ” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation; and “ site records ” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept and “ disposal records ” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on; and “ specified ” means specified in a notice under this section. Provisions as to functions of public and local authorities. 9 1 For the purposes of the operation on or after the appointed day of any statutory provision to which this subsection applies, and for the purposes of the exercise or performance on or after that day of any power or duty conferred or imposed by, or for the enforcement of, any such statutory provision, no account shall be taken of any radioactivity possessed by any substance or article or by any part of any premises. 2 The preceding subsection applies— a to any statutory provision contained in, or for the time being having effect by virtue of, any of the enactments specified in the First Schedule to this Act, or any enactment for the time being in force whereby an enactment so specified is amended, extended or superseded; and b to any statutory provision contained in, or for the time being having effect by virtue of, a local enactment whether passed or made before or after the passing of this Act (in whatever terms the provision is expressed) in so far as— i the disposal or accumulation of waste or any description of waste, or of any substance which is a nuisance, or so as to be a nuisance, or of any substance which is, or so as to be, prejudicial to health, noxious, polluting or of any similar description, is thereby prohibited or restricted, or ii a power or duty is thereby conferred or imposed on any local authority, river board, local fisheries any local authorities, local fisheries committee, statutory water undertakers or other public or local authority, or on any officer of a public or local authority, to take any action (whether by way of legal proceedings or otherwise) for preventing, restricting or abating such disposals or accumulations as are mentioned in the preceding subparagraph. 3 If, in considering an application for an authorisation under section six of this Act, it appears to the chief inspector (or, in a case where the power to grant the authorisation is exercisable by the chief inspector and the Minister of Agriculture, Fisheries and Food, it appears to either the chief inspector or the Minister ) that the disposal of radioactive waste to which the application relates is likely to involve the need for special precautions to be taken by a local authority, river board, local fisheries a local authority, local fisheries committee, statutory water undertakers or other public or local authority, the chief inspector or the Minister of Agriculture, Fisheries and Food, as the case may be, shall consult with that public or local authority before granting the authorisation. 4 Where a public or local authority take any special precautions in respect of radioactive waste disposed of in accordance with an authorisation granted under section six of this Act, and those precautions are taken— a in compliance with the conditions subject to which the authorisation was granted, or b with the prior approval of the chief inspector (or, where the authorisation was granted by the chief inspector and the Minister of Agriculture, Fisheries and Food, with the prior approval of either the chief inspector or the Minister ) as being precautions which in the circumstances ought to be taken by that public or local authority, the public or local authority shall have power to make such charges, in respect of the taking of those precautions, as may be agreed between that authority and the person to whom the authorisation was granted, or as, in default of such agreement, may be determined by the chief inspector , and to recover the charges so agreed or determined from that person. 5 Where an authorisation granted under section six of this Act requires or permits radioactive waste to be removed to a place provided by a local authority as a place for the deposit of refuse, it shall be the duty of that local authority to accept any radioactive waste removed to that place in accordance with the authorisation, and, if the authorisation contains any provision as to the manner in which the radioactive waste is to be dealt with after its removal to that place, to deal with it in the manner indicated in the authorisation. 6 In this section “ statutory provision ” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature, “ local enactment ” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, and any reference to disposal, in relation to a statutory provision, is a reference to discharging or depositing a substance or allowing a substance to escape or to enter a stream or other place, as may be mentioned in that provision. Additional facilities and powers for disposal and accumulation of radioactive waste. 10 1 If it appears to the Secretary of State that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the Secretary of State may provide such facilities, or may arrange for the provision thereof by such persons as the Secretary of State may think fit. 2 Where, in the exercise of the power conferred by the preceding subsection, the Secretary of State proposes to provide, or to arrange for the provision of, a place for the disposal or accumulation of radioactive waste, the Secretary of State , before carrying out that proposal, shall consult with any local authority in whose area that place would be situated, and with such other public or local authorities (if any) as appear to him to be proper to be consulted by him. 3 The Secretary of State may make reasonable charges for the use of any facilities provided by him, or in accordance with arrangements made by him, under this section, or, in the case of facilities provided otherwise than by the Secretary of State , may direct that reasonable charges for the use of the facilities may be made by the person providing them in accordance with any such arrangements. 4 If there is radioactive waste on any premises, and the Secretary of State is satisfied that— a the waste ought to be disposed of, but b by reason that the premises are unoccupied, or that the occupier is absent, or is insolvent, or for any other reason, it is unlikely that the waste will be lawfully disposed of unless the Secretary of State exercises his powers under this subsection, the Secretary of State shall have power to dispose of that radioactive waste as the Secretary of State may think fit, and to recover from the occupier of the premises, or, if the premises are unoccupied, from the owner thereof, any expenses reasonably incurred by the Secretary of State in disposing of it. 5 The definition of “ owner ” in section three hundred and forty-three of the Public Health Act 1936, and the provisions of section two hundred and ninety-four of that Act (which limits the liability of owners who are only agents or trustees), shall apply for the purposes of this section, with the substitution in the said section two hundred and ninety-four of references to the Secretary of State for references to a council, . . . Procedure in connection with registrations and authorisations. 11 1 Before the chief inspector and the Minister of Agriculture, Fisheries and Food— a refuse an application for an authorisation under section six of this Act, or b attach any limitations or conditions to such an authorisation, or c vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or d revoke such an authorisation, the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and the Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the Minister. 3 At all times while— a a person is registered in respect of any premises under section one of this Act, or b an authorisation granted in respect of any premises under subsection (1) of section six of this Act, or under section seven of this Act, is for the time being in force, the person to whom the registration relates, or to whom the authorisation was granted, as the case may be, shall cause copies of the certificate of registration or authorisation issued to him under this Act to be kept posted on the premises, in such characters and in such positions as to be conveniently read by persons having duties on those premises which are or may be affected by the matters set out in the certificate. 4 In this section “ the person directly concerned ”, in relation to an authorisation under section six of this Act, means the person applying for the authorisation or the person to whom the authorisation was granted, as the case may be; and any reference to attaching limitations or conditions to such an authorisation is a reference to attaching limitations or conditions thereto either in granting the authorisation or in the exercise of any power to vary it. Appointment of inspectors and chief inspector. 11A 1 The Secretary of State may appoint as inspectors, to assist him in the execution of this Act, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient. 2 For the purposes of this Act the Secretary of State shall appoint one of those inspectors to be chief inspector. 3 A person may be appointed both as an inspector or as chief inspector under the preceding subsections of this section and as an inspector or as chief inspector under section 16 of the Environmental Protection Act 1990. 4 The chief inspector may, to any extent, delegate his functions under this Act to any other inspector appointed under this section. 5 The Secretary of State may make to or in respect of any person appointed under this section such payments, whether by way of remuneration, allowances or otherwise as he may, with the approval of the Treasury determine. Enforcement notices. 11B 1 Subject to the provisions of this section, if the chief inspector is of the opinion that a person to whom a registration under section one or section three of this Act relates or to whom an authorisation was granted, under section six or section seven of this Act— a is failing to comply with any limitation or condition subject to which the registration or authorisation has effect, or b is likely to fail to comply with any such limitation or condition, he may serve a notice under this section on that person. 2 A notice under this section shall— a state that the chief inspector is of the said opinion; b specify the matters constituting the failure to comply with the limitations or conditions in question or the matters making it likely that such a failure will occur, as the case may be; and c specify the steps that must be taken to remedy these matters and the period within which those steps must be taken. 3 Where a notice is served under this section the chief inspector shall— a in the case of a registration, if a certificate relating to the registration was sent to a local authority under subsection (6) of section one or subsection (5) of section three of this Act, or b in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under subsection (5)(b) of section eight of this Act, send a copy of the notice to that authority. 4 In the case of an authorisation granted by the chief inspector and the Minister of Agriculture, Fisheries and Food in accordance with subsection (1) of section eight of this Act, the power to issue notices under this section shall be exercisable by the chief inspector or by the Minister of Agriculture, Fisheries and Food as if references to the chief inspector were references to the chief inspector or that Minister. Prohibition notices. 11C 1 Subject to the provisions of this section, if the chief inspector is of the opinion, as respects the keeping or use of radioactive material or of mobile radioactive apparatus, or the disposal or accumulation of radioactive waste, by a person in pursuance of a registration or authorisation under this Act, that the continuing to carry on that activity (or the continuing to do so in a particular manner) involves an imminent risk of pollution of the environment or of harm to human health he may serve a notice under this section on that person. 2 A notice under this section may be served whether or not the manner of carrying on the activity in question complies with any limitations or conditions to which the registration or authorisation in question is subject. 3 A notice under this section shall— a state the chief inspector’s opinion; b specify the matters giving rise to the risk involved in the activity, the steps that must be taken to remove the risk and the period within which those steps must be taken; and c direct that the registration or authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect. 4 Where the registration or authorisation is not wholly suspended by the direction given under the preceding subsection, the direction may specify limitations or conditions to which the registration or authorisation is to be subject until the notice is withdrawn. 5 Where a notice is served under this section the chief inspector shall— a in the case of a registration, if a certificate relating to the registration was sent to a local authority under subsection (6) of section one or subsection (5) of section three of this Act, or b in the case of an authorisation, if a copy of the authorisation was sent to a public or local authority under subsection (5)(b) of section eight of this Act, send a copy of the notice to that authority. 6 The chief inspector shall, by notice to the recipient, withdraw a notice under this section when he is satisfied that the risk specified in it has been removed; and on so doing the chief inspector shall send a copy of the withdrawal notice to any public or local authority to whom a copy of the notice under this section was sent. 7 In the case of an authorisation granted by the chief inspector and the Minister of Agriculture, Fisheries and Food in accordance with subsection (1) of section eight of this Act, the power to issue and withdraw notices under this section shall be exercisable by the chief inspector or by the Minister of Agriculture, Fisheries and Food as if references to the chief inspector were references to the chief inspector or that Minister. Registrations, authorisations and notices: appeals from decisions of chief inspector. 11D 1 Where the chief inspector— a refuses an application for registration under section one or section three of this Act, or refuses an application for an authorisation under section six or section seven of this Act; b attaches any limitations or conditions to such a registration or to such an authorisation, or c varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or d cancels such a registration or revokes such an authorisation, the person directly concerned may, subject to subsection (3) below, appeal to the Secretary of State. 2 A person on whom a notice under section 11B or section 11C of this Act is served may, subject to subsections (3) and (4) below, appeal against the notice to the Secretary of State. 3 No appeal shall lie— a under subsection (1) above in relation to authorisations which are subject to subsection (1) of section eight of this Act; b under subsection (1) or (2) above in respect of any decision taken by the chief inspector in pursuance of a direction of the Secretary of State under section 12A or 12B of this Act. 4 No appeal shall lie under subsection (2) above in respect of any notice served in exercise of the power under section 11B or 11C of this Act by the Minister of Agriculture, Fisheries and Food 5 The Secretary of State may refer any matter involved in an appeal to a person appointed by him for the purpose. 6 An appeal under this section shall, if and to the extent required by regulations under subsection (11) of this section, be advertised in such manner as may be prescribed. 7 If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private). 8 On determining an appeal from a decision of the chief inspector under subsection (1) of this section the Secretary of State— a may affirm the decision, or b where that decision was the refusal of an application, may direct the chief inspector to grant the application, c where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, d where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision, and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) of this subsection he may give directions to the chief inspector as to the limitations and conditions to be attached to the registration or authorisation in question. 9 On the determination of an appeal in respect of a notice under subsection (2) of this section, the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit. 10 The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period. 11 The Secretary of State may by regulations make provision with respect to appeals under this section (including in particular provision as to the period within which appeals are to be brought). 12 In this section “the person directly concerned” means— a in relation to a registration under section one or section three of this Act, the person applying for the registration or to whom the registration relates; b in relation to an authorisation under section six or section seven of this Act, the person applying for the authorisation or to whom it was granted; and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions thereto either in effecting or granting the registration or authorisation or in exercising any power to vary it. Enforcement and prohibition notices by the Minister of Agriculture, Fisheries and Food: representations. 11E The Minister of Agriculture, Fisheries and Food shall afford to any person— a on whom he has served a notice under section 11B or section 11C of this Act; and b who requests a hearing within the prescribed period, an opportunity to appear before and be heard by a person appointed by him for the purpose. Rights of entry and inspection. 12 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Any person being either an inspector appointed under the preceding subsection or a person authorised in that behalf by the Secretary of State (in this section referred to as an “inspector”) may, for the purposes of the execution of this Act,— a enter, at any reasonable time or, in an emergency, at any time , upon any premises to which this subsection applies, with such equipment as the inspector may require; b carry out such tests (including dismantling and subjecting to any process) and inspections and take such photographs on any such premises, and obtain and take away such samples . . . therefrom, as the inspector may consider necessary or expedient; . . . bb give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purposes of any tests or inspections; and c require the occupier of any such premises, or any person with duties on or in connection with the premises, to provide the inspector with such facilities and assistance and such information relating to the use of the premises, or to permit him to inspect such documents relating thereto, as the inspector may require, and in the case of answers to his questions, to sign a declaration of the truth of the answers . 3 The last preceding subsection applies— a to any premises in respect of which a person is for the time being registered under section one of this Act; b to any premises in respect of which a person is exempted from such registration by . . . subsection (2) of section two of this Act; and c to any premises in respect of which an authorisation granted under subsection (1) of section six of this Act, or under section seven of this Act, is for the time being in force: Provided that, in relation to premises belonging to or used for the purposes of the Authority, the last preceding subsection shall have effect subject to the provisions of subsection (3) of section six of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the Official Secrets Act 1911). 4 Where an inspector has reasonable grounds for believing that radioactive material has been or is being kept or used on any premises to which subsection (2) of this section does not apply, or that radioactive waste has been or is being disposed of or accumulated on or from any such premises, the inspector may exercise, in relation to those premises, any of the powers which are conferred by subsection (2) of this section in relation to premises to which the said subsection (2) applies: Provided that this subsection shall have effect subject to the provisions of subsection (6) of this section. 5 Subject to the next following subsection, any person authorised in that behalf by the Secretary of State may at any reasonable time enter upon any premises for the purpose of disposing of radioactive waste in the exercise of the powers conferred by subsection (4) of section ten of this Act. 6 Subject to the next following subsection no power shall be exercisable by virtue of subsection (4) or subsection (5) of this section in respect of any premises except— a with consent given by or on behalf of the occupier of the premises, or b under the authority of a warrant granted under the provisions of the Second Schedule to this Act, or c where entry is required in a case of emergency. 6A The last preceding subsection does not apply in respect of premises in respect of which— a a person has been (but is no longer) registered under section one of this Act; or b an authorisation has been (but is no longer) in force under subsection (1) of section six or under section seven of this Act; or in respect of premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or being kept or used. 7 For the purposes of the execution of this Act in relation to any such premises as are mentioned in subsection (1) of section eight of this Act,— a the Minister of Agriculture, Fisheries and Food may appoint as inspectors such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed such payments, by way of remuneration, allowances or otherwise, as he may with the approval of the Treasury determine; and b subject to the provisions of subsection (3) of section six of the Atomic Energy Authority Act, 1954, any person being either an inspector so appointed or a person authorised in that behalf by the Minister of Agriculture, Fisheries and Food may for those purposes exercise in relation to any such premises (but not in relation to any other premises) any of the powers conferred by paragraphs (a) to (c) of subsection (2) of this section, as if references in those paragraphs to an inspector included a reference to a person appointed or authorised as mentioned in this paragraph. 7A An inspector appointed under section 11A of this Act or under subsection (7)(a) of this section shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. 7B In England and Wales, an inspector appointed under section 11A of this Act, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under section 13 of this Act. 8 The provisions of the Second Schedule to this Act shall have effect for the purposes of this section. 9 In this section any reference to a case of emergency is a reference to a case where a person requiring entry to any premises in pursuance of this section has reasonable cause to believe that circumstances exist which are likely to endanger life or health, and that immediate entry to the premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy. Power of Secretary of State to give directions to chief inspector. 12A 1 The Secretary of State may, if he thinks fit in relation to— a an application for registration under section one or section three of this Act, b an application for an authorisation under section six or section seven of this Act, c any such registration or authorisation, give directions to the chief inspector requiring him to take any of the steps mentioned in the following subsections in accordance with the directions. 2 A direction under the preceding subsection may require the chief inspector so to exercise his powers under this Act as— a to refuse an application for registration or authorisation, or b to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or c to vary a registration or authorisation, as may be so specified, or d to cancel or revoke (or not to cancel or revoke) a registration or authorisation. 3 The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 11B or section 11C of this Act in such terms as may be specified in the directions. 4 The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified. Power of Secretary of State to require certain applications to be determined by him. 12B 1 The Secretary of State may— a give general directions to the chief inspector requiring him to refer applications under this Act for registrations or authorisations of any description specified in the directions to the Secretary of State for his determination; and b give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination. 2 Where an application is referred to the Secretary of State in pursuance of directions given under this section the Secretary of State may cause a local inquiry to be held in relation to the application. 3 Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local enquiries under that section) shall apply to inquiries in pursuance of subsection (2) above as if, in subsection (4) of that section, the words “such local authority or” were omitted. 4 In Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (power to direct inquiries) shall apply to inquiries in pursuance of subsection (2) above. 5 After determining any application so referred, the Secretary of State may give the chief inspector directions under section 12A of this Act, as to the steps to be taken by him in respect of the application. Offences. 13 1 Any person who— a contravenes any of the following provisions of this Act, that is to say, subsection (1) of section one, subsection (1) of section three, subsections (1), (2) and (3) of section six, and subsection (1) of section seven, or b being a person registered under section one or section three of this Act, or being (wholly or partly) exempted from registration thereunder, does not comply with a limitation or condition subject to which he is so registered or exempted, or c being a person to whom an authorisation under section six or section seven of this Act has been granted, does not comply with a limitation or condition subject to which that authorisation has effect, , or d being a person who is registered under section one or section three of this Act or to whom an authorisation under section six or section seven of this Act has been granted, fails to comply with any requirement of a notice served on him under section 11B or 11C of this Act shall be guilty of an offence under this subsection. 2 A person guilty of an offence under the preceding subsection shall be liable— a on summary conviction to a fine not exceeding £20,000, or to imprisonment for a term not exceeding six months or both b on conviction on indictment, to a fine, or to imprisonment for a term not exceeding five years, or both. 3 If any person discloses any information relating to any relevant process or trade secret used in carrying on any particular undertaking which has been given to or obtained by him under this Act or in connection with the execution thereof, he shall, unless the disclosure is made— a with the consent of the person carrying on that undertaking, or b in accordance with any general or special directions given by the chief inspector , or c in connection with the execution of this Act, or d for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, be guilty of an offence under this subsection. In this subsection “ relevant process ” means any process applied for the purposes of, or in connection with, the production or use of radioactive material. 4 A person guilty of an offence under the last preceding subsection shall be liable— a on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding three months, or both; b on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both. 4A Any person who fails to comply with a requirement imposed on him under section 8A of this Act shall be guilty of an offence, and shall be liable— a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both. 5 Any person who— a contravenes the provisions of subsection (3) of section eleven of this Act, or b intentionally obstructs an inspector or other person in the exercise of any powers conferred by section 12 of this Act , or refuses or without reasonable excuse fails to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector or other person under that section, shall be guilty of an offence, and shall be liable— i on summary conviction, to a fine not exceeding the statutory maximum; ii on conviction on indictment, to a fine. 6 Any person who without reasonable cause pulls down, injures or defaces any document posted in pursuance of subsection (3) of section eleven of this Act shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. 7 Proceedings in respect of any offence under this Act shall not be instituted in England or Wales except by the Secretary of State, the chief inspector or by or with the consent of the Director of Public Prosecutions. 8 Where a body corporate is guilty of an offence under this section, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. In this subsection “ director ”, in relation to a body corporate established by or under any enactment for the purpose of carryi