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The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon him by sections 8(6) and (7), 11(1) and (2) and 15(2) of the Radioactive Substances Act 1993[1], makes the following Order: Citation, commencement and application 1. —(1) This Order may be cited as the Radioactive Substances (Testing Instruments) (England and Wales) Exemption Order 2006 and comes into force on 6th October 2006. (2) This Order extends to England and Wales. Interpretation 2. In this Order—
(b) a laminated source; (c) a sealed source; (d) an electrodeposited source; or (e) a tritium foil source,
in which the total number of kilobecquerels of all the radionuclides present, including radionuclides which are decay products of other radionuclides present, does not exceed 200;
(b) a laminated source; (c) a sealed source; (d) an electrodeposited source; or (e) a tritium foil source,
other than a Class 1 source, in which the total number of megabecquerels of activity of all the radionuclides present, including radionuclides which are decay products of other radionuclides present, does not exceed the number specified for that source in Schedule 1 to this Order;
(ii) is radioactive material or a mixture of radioactive material and material which is not radioactive material,
being a substance in which the radionuclides present do not emit alpha particles; or
(b) bonded wholly within material,
the immediate container or the bonding being of adequate mechanical strength and not constructed of radioactive material, and includes the immediate container or the bonding;
(b) which is radioactive material solely because it incorporates one or more Class 1 or Class 2 sources but which does not incorporate two or more sources of the same description with an aggregate number of megabecquerels of activity exceeding the number specified in Schedule 1 in relation to sources of that description;
Exemption from registration under section 7 of the Act
(b) a Class 1 or Class 2 source (not incorporated in a testing instrument) for use with, or for testing or calibrating, a testing instrument.
(2) A person is not exempt from registration if—
(b) a source incorporated in a testing instrument or a source referred to in paragraph (1)(b) is defective or damaged or leaks radioactive material.
(3) A person who is exempt from registration must comply with the limitations and conditions set out in Schedule 2 in relation to a Class 2 source.
(b) a Class 1 or Class 2 source (not incorporated in a testing instrument) for use with, or for testing or calibrating, a testing instrument.
(2) A person is not exempt from registration—
(ii) tritium foil sources;
(b) in respect of—
(ii) a tritium foil source;
(c) if the apparatus referred to in paragraph (1) is kept or used as an exhibit at an exhibition;
(3) A person who is exempt from registration must comply with the limitations and conditions set out in Schedule 2 in relation to a Class 2 source.
(b) is radioactive waste solely because it has been contaminated by contact with, or proximity to—
(ii) other material which is radioactive waste because it has been so contaminated.
Section 13 of the Act and radioactive waste from a Class 1 source
(b) dispose of the radioactive waste as soon as practicable and comply with the limitations and conditions set out in Schedule 3.
Waste collection authorities or their contractors and radioactive waste from a Class 1 source
(b) is excluded from authorisation under section 14(1) of the Act in respect of that radioactive waste if—
(ii) it disposes of that refuse as soon as practicable.
Radioactive waste from a Class 2 source
or (b) is radioactive waste solely because it has been contaminated by contact with or proximity to—
(ii) other material which is radioactive waste because it has been so contaminated.
Section 13 of the Act and radioactive waste from a Class 2 source
(b) a manufacturer or supplier of a Class 2 source.
Section 14 of the Act and radioactive waste from a Class 2 source
(ii) a manufacturer or supplier of a Class 2 source; and
(b) dispose of the radioactive waste as soon as practicable.
Revocation
1. A person who is exempt from registration in relation to a Class 2 source must comply with the following limitations and conditions. 2. A record must be kept at the premises where the Class 2 source is held, or a place or places notified to the Environment Agency, showing—
(b) the manufacturer's type number; (c) the number of megabecquerels contained in the source at the date of receipt; (d) the date when any source is exchanged or disposed of; and (e) the address of the premises to which it is removed and the name of the occupier of those premises,
and such record must be made available for inspection by the Environment Agency.
(b) all reasonably practicable steps must be taken forthwith to recover the source.
6.
When it becomes known, or there are reasonable grounds for believing, that—
(b) any material (whether radioactive or not) forming part of a source has been removed therefrom; or (c) any radioactive material has become detached, or has escaped, from a source because of some defect therein,
the Environment Agency must be notified of the occurrence or suspected occurrence as soon as possible, and if the notification is given orally, the notification must be confirmed in writing as soon as is practicable. 1. A person who is excluded from authorisation in relation to radioactive waste from a Class 1 source must comply with the following limitations and conditions. 2. The radioactive waste must be disposed of by—
(b) despatch to, or removal by—
(ii) a manufacturer of Class 1 or Class 2 sources.
3.
In respect of disposal under paragraph 2(a)—
(b) sub-paragraph (a) applies whether the former source is whole or in parts and whether or not absorbed in, mixed with or adhering to other articles or substances.
4.
A record must be kept at the premises from which the radioactive waste is disposed of showing—
(b) the means and date of its disposal,
and such record must be made available for inspection by the Environment Agency. (This note is not part of the Order) This Order revokes the Radioactive Substances (Testing Instruments) Exemption Order 1985[4] ("the 1985 Order") in respect of England and Wales. The provisions of the 1985 Order are re-enacted in this Order but with references to the Radioactive Substances Act 1993 ("the Act")[5] and subject to drafting changes and the following minor changes:
(b) the reference to "free from patent defect" is removed from the definitions of "electrodeposited source", "homogeneous source", "laminated source", "sealed source" and "tritium foil source"; under articles 3 and 4 of this Order it is provided that a person is not exempt from registration if a source is defective or damaged or leaks radioactive material; and (c) under article 6 of the 1985 Order, a person was not exempt from registration under what became section 10 of the Act in respect of mobile radioactive apparatus that consisted of a testing instrument or a source containing an electrodeposited source; under article 4 of this Order, a person is not exempt from registration under section 10 in respect of an electrodeposited source that consists of iron 55 but a person is exempt from registration in respect of mobile radioactive apparatus that consists of a testing instrument or a source containing electrodeposited nickel 63.
A Regulatory Impact Assessment has been prepared and copies may be obtained from RAS Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE. Notes: [1] 1993 c.12. The subject matter of this Act is devolved to the Scottish Parliament, see the Scotland Act 1998 (c.46), section 30 and Schedule 5, Part II, Head D, section D4(nuclear energy).back [5] The Radioactive Substances Act 1993 repealed the Radioactive Substances Act 1960 (1960 c.34).back
ISBN 0 11 074666 X
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