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Amendment of section 30 of Principal Act.
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2.—Section 30 of the Principal Act is hereby amended—
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(a) in subsection (4) by the insertion of “pursuant to an order made” after “licence granted”,
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(b) by the insertion of the following subsection after subsection (4):
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“(4A) Where the Institute has, in accordance with subsection (4) (as amended by the Radiological Protection (Amendment) Act, 2002) of this section, attached a condition to a licence, the person to whom such licence has been granted shall comply with that condition.”,
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(c) in subsection (5) by the insertion of “pursuant to an order made” after “licence granted”,
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(d) by the substitution of the following subsection for subsection (7):
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“(7) The Minister may, with the consent of the Minister for Finance, make regulations in relation to—
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(a) the procedure for granting a licence including renewal or amendment of a licence and, without prejudice to the generality of the foregoing, may include provisions concerning—
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(i) the application procedure including application for a renewal or amendment of a licence,
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(ii) the requirement that an application for a licence, or a renewal or amendment of a licence, be made in writing,
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(iii) the period within which an application for a licence or renewal or amendment of a licence is to be made including the requirement, where appropriate, that an application for a licence be made prior to the date of the expiration of the licence currently in force,
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(iv) the period of time in respect of which a licence is to remain in force,
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(v) the period of time within which fees, or a proportion of such fees, for an application for, renewal or an amendment of, a licence are to be paid to the Institute (including the payment of such fees prior to such grant, renewal or amendment), and
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(vi) the circumstances in which the Institute may retain fees, or a proportion of such fees, paid to it pursuant to such regulations,
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and
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(b) the fixing of fees payable to the Institute and, without prejudice to the generality of the foregoing, may include the fixing of fees payable in respect of—
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(i) an application for a licence or a renewal or an amendment of a licence,
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(ii) any fee or proportion of a fee payable following the grant of a licence,
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(iii) the number of nuclear devices and irradiating apparatus in respect of which the licence is granted,
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(iv) the purpose of the licence granted under this section,
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(v) the quantity of the radioactive substance in respect of which the licence is granted, and
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(vi) any other matter arising out of an order made under this section,
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and such fixing may include fees for different circumstances and different classes of persons,
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and such regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of such regulations.”,
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and
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(e) by the insertion of the following subsections after subsection (7) (as inserted by this Act):
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“(7A) The Institute shall not perform a function, provide a service or carry on an activity where a fee, that has been prescribed to be paid in regulations made by the Minister under subsection (7) (as amended by the Radio-logical Protection (Amendment) Act, 2002) of this section in respect of such function, service or activity, has not been paid in the manner prescribed.
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(7B) The Institute may recover, as a simple contract debt in any court of competent jurisdiction, any sum of money due and owing to it from the person by whom such sum is payable.
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(7C) The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act.”,
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and the said section, as so amended, is set out in the Table to this section (which Table does not purport to indicate the effect of any adaptation of references to any Minister of the Government specified therein made by or under any enactment).
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TABLE
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30.—(1) The Minister may, after consultation with the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Health, Education, Foreign Affairs, the Environment, Tourism and Transport, the Marine, Communications and Defence and the Institute, by order regulate, restrict or prohibit (save under licence issued by the Institute) the custody, production, processing, handling, holding, storage, use, manufacture, importation, distribution, transportation, exportation or other disposal of such radioactive substances, nuclear devices, or irradiating apparatus, as may be specified in the order, and any such order may have regard to varying levels of activity or ionising radiation and to the extent to which such substances, devices or apparatus are or may be, in his opinion, a danger to the life or health of any person.
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(2) For the purpose of giving effect to existing and future acts adopted by the Institutions of the European Communities relating to the health protection of the general public and workers against the dangers of ionising radiation the Minister after consultation with the Ministers referred to in subsection (1) of this section and the Institute, may make an order under this section.
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(3) An order made under subsection (2) of this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order.
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(4) A licence granted pursuant to an order made under this section shall be subject to such conditions as the Institute may attach to it, including a condition that the licence may be revoked if the Institute is of the opinion that any such condition has not been observed.
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(4A) Where the Institute has, in accordance with subsection (4) (as amended by the Radiological Protection (Amendment) Act, 2002) of this section, attached a condition to a licence, the person to whom such licence has been granted shall comply with that condition.
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(5) A licence granted pursuant to an order made under this section by the Institute may be amended or revoked by the Institute.
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(6) A person whose licence has been amended or revoked may apply to the High Court for a declaration and the High Court, having heard the evidence adduced, may at its discretion declare that the exigencies of the common good do not require the amendment or revocation of the licence and upon the making of such a declaration the Institute shall re-issue the licence.
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(7) The Minister may, with the consent of the Minister for Finance, make regulations in relation to—
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(a) the procedure for granting a licence including renewal or amendment of a licence and, without prejudice to the generality of the foregoing, may include provisions concerning—
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(i) the application procedure including application for a renewal or amendment of a licence,
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(ii) the requirement that an application for a licence, or a renewal or amendment of a licence, be made in writing,
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(iii) the period within which an application for a licence or renewal or amendment of a licence is to be made including the requirement, where appropriate, that an application for a licence be made prior to the date of the expiration of the licence currently in force,
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(iv) the period of time in respect of which a licence is to remain in force,
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(v) the period within which fees, or a proportion of such fees, for an application for, renewal or an amendment of, a licence are to be paid to the Institute (including the payment of such fees prior to such grant, renewal or amendment), and
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(vi) the circumstances in which the Institute may retain fees, or a proportion of such fees, paid to it pursuant to such regulations,
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and
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(b) the fixing of fees payable to the Institute and, without prejudice to the generality of the foregoing, may include the fixing of fees payable in respect of—
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(i) an application for a licence or a renewal or an amendment of a licence,
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(ii) any fee or proportion of a fee payable following the grant of a licence,
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(iii) the number of nuclear devices and irradiating apparatus in respect of which the licence is granted,
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(iv) the purpose of the licence granted under this section,
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(v) the quantity of the radioactive substance in respect of which the licence is granted, and
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(vi) any other matter arising out of an order made under this section,
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and such fixing may include fees for different circumstances and different classes of person,
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and such regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of such regulations.
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(7A) The Institute shall not perform a function, provide a service or carry on an activity where a fee, that has been prescribed to be paid in regulations made by the Minister under subsection (7) (as amended by the Radiological Protection (Amendment) Act, 2002) of this section in respect of such function, service or activity, has not been paid in the manner prescribed.
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(7B) The Institute may recover, as a simple contract debt in any court of competent jurisdiction, any sum of money due and owing to it from the person by whom such sum is payable.
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(7C) The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act.
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(8) The Minister may, after consultation with the Ministers referred to in subsection (1) of this section and the Institute, by order amend or revoke an order under this section.
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