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Amendment of section 30 of Principal Act
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10. (1) Section 30 of the Principal Act is amended by—
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(a) the substitution of the following subsection for subsection (1):
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“(1) The Minister may by regulations provide for the carrying out of relevant activities and for interventions that may be required to deal with ionising radiation of natural, terrestrial or cosmic origin.”,
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(b) the substitution of the following subsection for subsection (2):
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“(2) The Minister may make regulations for the purpose of giving effect to a European act which relates to relevant activities or the protection of the health of individuals who are subject to occupational or public exposures against the dangers arising from ionising radiation.”,
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(c) the insertion of the following subsection after subsection (2):
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“(2A) In making regulations under subsection (1) or (2), the Minister shall have regard to different levels of activity and the extent to which radiation sources are, or may be, a danger to the life, health or welfare of any person or pose a risk of damage to the environment or to property and may regulate, restrict or prohibit, save in accordance with any conditions or requirements specified in the regulations, the carrying out of a relevant activity in relation to such radiation sources as may be specified in the regulations.”,
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(d) the insertion of the following subsection after subsection (2A) (inserted by paragraph (c)):
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“(2B) In addition to those matters referred to in subsection (2A), in making regulations under subsection (1) or (2) in relation to a practice, the Minister shall have regard to—
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(i) the magnitude and likelihood of exposures resulting from the practice, and
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(ii) the effect that the operation of this Act or any other Act or rule of law relating to radiation protection may have on—
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(I) reducing the magnitude and likelihood of exposures resulting from the practice, and
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(II) improving radiological safety.”,
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(e) by the substitution of the following subsection for subsection (3):
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“(3) Regulations under this section—
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(a)(other than regulations under subsection (7)), shall be made following consultation with the Minister for Public Expenditure and Reform, such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government and with the Agency,
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(b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations, and
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(c) may make provision for different circumstances or cases, classes or types.”,
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(f) by the insertion of the following subsection after subsection (3):
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“(3A) Without prejudice to the generality of subsections (1) and (2), regulations made under any of those subsections may provide for the following matters as the Minister considers appropriate:
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(a) a requirement that a relevant activity be granted authorisation before it may be carried out;
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(b) the exemption of a relevant activity from a requirement that it be granted authorisation before it may be carried out;
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(c) the attachment by the Agency of conditions to a registration in accordance with subsection (4);
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(d) the specification by the Agency of conditions in a licence in accordance with subsection (4);
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(e) conditions or requirements with which the Agency is to comply or actions or measures which the Agency is required to take in order to give effect to those regulations;
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(f) conditions or requirements with which a person is to comply or actions or measures which a person is required to take for the purpose of monitoring and protecting workers, apprentices, students, members of the public, property or the environment who or which is, are or may be, subject to exposure.”,
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(g) the substitution of the following subsection for subsection (4):
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“(4) (a) Subject to subsections (4B) to (4E), the Agency may—
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(i) attach conditions to a registration,
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(ii) specify conditions in a licence.
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(b) In deciding whether to attach conditions to a registration or to specify conditions in a licence and what those conditions, if any, should be, the Agency shall have regard to its functions under this Act and the importance of maintaining the protection of workers, apprentices, students, members of the public, property and the environment.
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(c) The Agency may attach to a registration conditions which the Agency considers are appropriate to be applied generally to the registration of the relevant activity concerned having regard to the manner in which that relevant activity is usually carried out by a person who is substantially similar to the person applying for authorisation.
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(d) In determining the conditions to be attached to a registration, the Agency shall have regard to—
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(i) the nature of the relevant activity and the circumstances in which it is carried out, including any equipment used in carrying it out,
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(ii) the nature of the radiation source to which the relevant activity relates, and
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(iii) the levels of exposure from the radiation source to which the relevant activity relates.
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(e) In determining the conditions to be specified in a licence, the Agency shall have regard to—
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(i) the nature of the relevant activity and the circumstances in which it is carried out, including any equipment used in carrying it out,
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(ii) the nature of the radiation source to which the relevant activity relates,
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(iii) the levels of exposure from the radiation source to which the relevant activity relates, and
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(iv) any particular safety and security measures and safeguards that may be required for the purpose of the relevant activity being safely and securely carried out having regard to the circumstances in which the relevant activity is carried out.
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(f) Conditions attached to a registration or specified in a licence by the Agency under this section may include a condition that the registration shall be withdrawn or the licence revoked where the Agency is of the opinion that any of those conditions has not been complied with.”,
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(h) the substitution of the following subsection for subsection (4A):
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“(4A) Where the Agency has attached a condition to a registration or specified a condition in a licence, the registered person or licensee shall comply with that condition.”,
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(i) the substitution of the following subsection for subsection (5):
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“(5) (a) The Agency may—
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(i) amend, including by attaching new conditions or amending a relevant activity stated to be registered, or withdraw, a registration, or
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(ii) amend, including by specifying new conditions or amending a relevant activity stated to be licensed, or revoke, a licence.
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(b) The Agency may amend, withdraw or revoke a registration or licence, as the case may be—
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(i) on the receipt by the Agency of an application made pursuant to regulations made under subsection (7) in that behalf by the registered person or licensee, or
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(ii) without prejudice to the generality of paragraph (a), where the Agency is of the opinion that—
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(I) the registered person or licensee has breached a condition attaching to the registration or specified in the licence, or
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(II) having regard to the nature of the radiation source concerned and the circumstances in which the relevant activity is carried out, including any equipment used in carrying it out, there is a risk to the life, health or welfare of workers, apprentices, students or members of the public or a risk of damage to the environment or to property.”,
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(j) the substitution of the following subsection for subsection (6):
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“(6) (a) Where the Agency proposes—
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(i) in relation to an application for authorisation referred to in section 29A(1) to—
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(I) refuse the application, or
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(II) grant the application with a condition attached to the registration or specified in the licence,
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or
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(ii) where the relevant activity is registered or licensed, to—
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(I) amend, including by the attachment of new conditions, the conditions attached to the registration or specified in the licence,
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(II) amend the relevant activity stated to be so registered or licensed, or
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(III) withdraw or revoke the registration or licence in accordance with subsection (5),
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it shall notify the applicant or, as the case may be, the registered person or licensee in writing accordingly, setting out the reasons for the proposal and giving the person an opportunity to make representations not later than 21 days after the date of the notice.
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(b) The notification referred to in paragraph (a) shall, in relation to a proposal referred to in paragraph (a), other than in clause (I) of paragraph (a)(i), specify the date on which the proposal is to take effect which, other than where paragraph (c) applies, shall not be before the expiration of the period of 21 days referred to in paragraph (a).
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(c) (i) Where the Agency makes a decision referred to in paragraph (a)(ii) and considers, having regard to the nature of the radiation source concerned and the circumstances in which the relevant activity is carried out, that there is a serious and immediate risk to the life, health or welfare of members of the public or a substantial risk of damage to the environment or to property, the Agency may specify in the notice referred to in paragraph (a) that the decision is to be effective from the date on which the decision is made.
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(ii) Where this paragraph applies, the registered person or licensee shall, on receipt of the notification, immediately comply with the decision notwithstanding that that person may make representations to the Agency in accordance with paragraph (a).
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(d) Any representations received under paragraph (a) shall be considered by the Agency which may decide (in this section referred to as the “final decision”) to proceed with the proposal or, where paragraph (c) applies, to confirm the decision.
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(e) As soon as practicable after making its final decision, the Agency shall notify, in writing, the applicant or, as the case may be, the registered person or licensee of the final decision.
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(f) The person notified under paragraph (e) may, not later than 14 days after the date of notification under that paragraph, appeal to the Circuit Court against the final decision and such an appeal shall be to the judge of the Circuit Court in whose jurisdiction the relevant activity is, or is proposed to be, carried out.
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(g) On hearing an appeal under paragraph (f), the Circuit Court may make an order—
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(i) to affirm the final decision,
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(ii) to affirm the final decision subject to conditions, or
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(iii) to quash the final decision and direct the Agency, for stated reasons, to re-consider its final decision within a period of 30 days after the making of the order.
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(h) The decision of the Circuit Court on an appeal under paragraph (g) is final save that by leave of that Court an appeal shall lie to the High Court on a point of law.
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(i) The Agency shall make an entry in the register of registered relevant activities or in the register of licensed relevant activities where a registration is withdrawn or a licence revoked which shall state the reason for the withdrawal or revocation.”,
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(k) the substitution of the following subsection for subsection (7):
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“(7) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations in relation to—
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(a) the procedure for the grant or amendment of registration or for the grant, renewal or amendment of a licence which may include provisions concerning—
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(i) the application procedures including any particulars regarding the applicant or relevant activity required to be furnished,
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(ii) the form and manner of an application which may include a requirement that an application shall be made in writing or by electronic means,
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(iii) when an application shall be made, including prior to commencement of a relevant activity or prior to the expiration of a licence,
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(iv) the period of time for which the licence is to remain in force,
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(v) the period of time within which fees, or a proportion of such fees, in respect of an application are to be paid to the Agency (including the payment of such fees prior to registration or a licence being granted or amended, as the case may be),
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(vi) the circumstances in which the Agency may retain fees, or a proportion of such fees, paid to it in accordance with such regulations, and
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(vii) the issuing by the Agency of a licence or of a certificate in respect of a registration, including the form and manner of such a licence or certificate, the manner (including by electronic means) in which it is to be issued and the information it is to contain,
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and
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(b) the fixing of fees payable to the Agency in respect of the registration or licensing of a relevant activity which may include, without prejudice to the generality of the foregoing—
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(i) the fixing of fees payable in respect of an application for authorisation in respect of the relevant activity and to amend a registration or to amend or renew a licence,
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(ii) any fee, or proportion of a fee, payable following the registration of, or grant of a licence in respect of, the relevant activity,
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(iii) fixing of different fees in respect of—
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(I) the number of radiation sources to which the registration or licence relates,
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(II) the purpose for which the relevant activity has been registered or licensed, and
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(III) the quantity of the radioactive substance to which the registration or licence relates,
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and the fixing of fees under this subsection may include fees for different circumstances and different classes of persons.”,
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and
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(l) by the deletion of subsection (8).
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(2) (a) An order or regulations made under section 30 of the Principal Act before the coming into operation of subsection (1)—
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(i) shall not be revoked by the coming into operation of subsection (1), and
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(ii) may be revoked by regulations made following the coming into operation of subsection (1).
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(b) Notwithstanding the amendment of section 30 of the Principal Act by subsection (1)—
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(i) a licence granted by the Agency pursuant to an order made under section 30 of the Principal Act before the coming into operation of subsection (1) and which is in force immediately before the day on which regulations made by the Minister pursuant to section 30(1) or (2) as so amended come into operation shall continue in force on and after that day as if granted pursuant to those regulations for the unexpired period of that licence or until that licence is revoked, whichever is earlier,
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(ii) an application for a licence made to the Agency pursuant to an order made under section 30 before the coming into operation of subsection (1) shall be regarded as an application for authorisation (within the meaning of section 2 of the Principal Act) made under regulations made under section 30 as so amended.
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