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New Radioactive Substances Guidance

Environmental update 07/12/2011

If you use small amounts of radioactive substances or dispose of small quantities of radioactive waste, you may be able to register an exemption rather than having to comply with environmental permitting legislation.

The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 introduced a new set of exemptions to cover the regulation of radioactive substances. The effect of this change is that the above regulations now regulate and include exemptions from radioactive substance regulation and replace the system which previously existed under the Radioactive Substances Act 1993.

Exemptions are set out in Schedule 1 to the regulations. Guidance is available from Defra - http://www.defra.gov.uk/publications/files/pb13624-rsl-guidance-110914.pdf

The Radioactive Substances Act 1993 continues to apply in Scotland and Northern Ireland but the following changes have been made to fall in line with England and Wales:

  • The Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011 amends the definition of radioactive material and radioactive waste in the 1993 Act. The amendment also removes some of the provisions relating to clocks and watches.
  • The Radioactive Substances Exemption (Scotland) Order 2011 removes the 21 exemption orders made under the Radioactive Substances Act 1993 and Radioactive Substances Act 1960 and replaces them with a single exemption order. Some types of clocks and watches that contain radium arte no longer exempt.

Similar changes were made in Northern Ireland under the:

  • Radioactive Substances Exemption (Northern Ireland) Order 2011; and the
  • Radioactive Substances Act 1993 (Amendment) Regulations (Northern Ireland) 2011.


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