Radiological Protection (Miscellaneous Provisions) Act 2014
|
Amendment of section 7 of Act of 1991 | ||
|
45. Section 7 of the Act of 1991 is amended by the insertion of the following subsections after subsection (3): | ||
“(4) The Institute may have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances, nuclear devices or irradiating apparatus for any purpose in connection with a function conferred on the Institute by or under— | ||
(a) paragraph (a) or (b) of subsection (1), | ||
(b) subsection (2), | ||
(c) section 29, | ||
(d) section 6 of the Carriage of Dangerous Goods by Road Act 1998 , | ||
(e) section 7 of the Containment of Nuclear Weapons Act 2003 , | ||
(f) Regulation 22 of the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ), or | ||
(g) Regulation 12 of the European Communities (Carriage of Dangerous Goods by Road and Use of Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ). | ||
(5) The Institute shall not require a licence under section 30 to have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances, nuclear devices or irradiating apparatus for any purpose in connection with a function specified in subsection (4). | ||
(6) Any custody, production, processing, handling, holding, storing, using, manufacture, import, distribution, transport, export or disposal by the Institute, prior to the commencement of section 45 of the Radiological Protection (Miscellaneous Provisions) Act 2014, of radioactive substances, nuclear devices or irradiating apparatus for any purpose in connection with a function specified in subsection (4) that would, but for this subsection, be invalid by reason only of a contravention of an order made under section 30 of this Act shall be, and shall be deemed always to have been, valid and effectual for all purposes. | ||
(7) If subsection (6) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”. |