SCHEDULE 23Radioactive substances activities

PART 7Radioactivity to be disregarded

Application1

1

For the purposes of the matters referred to in sub-paragraph (2), no account is to be taken of any radioactivity possessed by a substance or article or by a part of any premises.

2

The matters are—

a

the operation of a provision to which this Part applies,

b

the exercise of a power conferred by, or for the enforcement of, a provision to which this Part applies, and

c

the performance of a duty imposed by, or for the enforcement of, a provision to which this Part applies.

3

This Part applies to a provision—

a

specified in paragraph 2,

b

contained in an instrument made under a provision so specified,

c

which has effect by virtue of a provision so specified, or

d

which extends or applies a provision so specified.

4

This Part also applies to a provision of a local enactment (whenever passed or made and however expressed) insofar as it—

a

prohibits or restricts—

i

the disposal or accumulation of waste,

ii

the disposal or accumulation of a substance which is or causes a nuisance, or

iii

a disposal or accumulation which causes pollution, or

b

confers a power, or imposes a duty, on a public authority or an officer of a public authority to take action to prevent, restrict or abate a disposal or accumulation of a description given in paragraph (a).

5

In sub-paragraph (4)—

a

a reference to “disposal” in relation to a provision to which this Part applies, means—

i

the discharge or deposit of a substance, or

ii

the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision, and

b

“local enactment” means—

i

a local or private Act,

ii

an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

iii

an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.

Provisions of enactments2

1

The provisions referred to in paragraph 1(3) are those listed in Table 9 below.

2

References to provisions of the 1991 Act have effect subject to the power conferred by section 98 of that Act M1.

Table 9Statutory provisions in respect of which radioactivity is to be disregarded

Act

Provisions

Public Health Act 1936

Sections 48, 79, 81, 82, 141, 259 and 261 M2.

Water Act 1945

Section 18 M3 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 M4 or by virtue of provisions of the Control of Pollution Act 1974 M5 not having been brought into force.

Salmon and Freshwater Fisheries Act 1975

Section 4 M6.

Building Act 1984

Section 59 M7.

The Planning (Hazardous Substances) Act 1990 M8

The whole Act.

The 1990 Act

Part 3 M9 (subject to regulation 47(3) of the Waste (England and Wales) Regulations 2011 M10).

Water Industry Act 1991

Sections 72, 111 and 113(6) M11.

In Part 4, Chapter 3 M12.

In Schedule 8, paragraphs 2 to 4 M13 so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974 M14.

The 1991 Act

Sections 82, 84, 92, 93, 161-161D, 190, 202 and 203 M15.

In Schedule 25, paragraph 6 M16.

Clean Air Act 1993 M17

Section 16.

Marine and Coastal Access Act 2009 M18

Section 155.