SCHEDULE 23Radioactive substances activities

PART 5F1The control of high-activity and other sources

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Amendments (Textual)

SECTION 3Exercise of relevant functions and matters in relation to F2... sources

Annotations:
Amendments (Textual)

Orphan sources8

1

The regulator must—

a

be prepared, or have made provision (including the assignment of responsibilities), to F3control and recover any orphan source, and

b

have drawn up appropriate response plans and measures.

2

The regulator may recover any expenses reasonably incurred by it in the recovery and disposal of an orphan source from—

a

the person carrying on the radioactive substances activity involving that source, or

b

the occupier or owner of the premises where the source is located.

3

In relation to sub-paragraph (2)—

a

“owner” has the same meaning as in section 343 of the Public Health Act 1936, and

b

the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees) apply but as if reference in that section to a council recovering expenses under that Act were to the regulator recovering expenses under sub-paragraph (2).