Radioactive Substances - Use

Legislation

Key Legislation

This Act regulates the keeping and use of radioactive material and makes provision for the disposal and accumulation of radioactive waste. Registration is required for any users of radioactive materials.

In England and Wales, RSA 93 was migrated into Schedule 23 of the Environmental Permitting Regulations 2010 in April 2010.

The Radioactive Substances (Phosphatic Substances, Rare Earths etc.) Exemption Order 1962

Registration for accumulation of radioactive substances is required under the Radioactive Substances Act 1993, although there are exemptions for low level activity substances (see LSA).

Guidance

HSE Offshore Safety Division Operations Notice 4 - Radioactive Substances Act 1993

Consent Needed and How to Obtain It

Consent Needed for Use of Radioactive Sources	Anyone keeping or using radioactive substances or sources must hold a certificate of registration for each installation obtained from SEPA/EA. Authorisations must be displayed on the installation. Certificate of Registration under Section 7 of the Radioactive Substances Act (RSA) 1993 for Open sources; and/or Certificate of Registration under Section 7 of the Radioactive Substances Act (RSA) 1993 for Closed sources; and/or Certificate of Registration under Section 10 of the Radioactive Substances Act (RSA) 1993 for Mobile Closed sources. A ‘closed source’ is defined as an object that consists of one or more radionuclides firmly incorporated on, in, or sealed within solid inert non-radioactive material to prevent in normal use the dispersion of any radioactive material. Such sources include sealed sources, electrodeposited sources and foil sources. Sources where there is the potential for contamination of other materials e.g. radioactive powders, liquids or gases, are termed ‘open sources’. Certain low activity sources are exempt from the need for registration under Sections 7 or 10 of RSA 1993. If such sources are held, and compliance with the conditions of the relevant exemption order(s) can be attained, the details of such sources need not be included in any application for registration. Copies of the exemption orders can be obtained from SEPA/EA.
How to Apply	Complete the RSA 1 form (obtained from SEPA/EA) when applying for registration certificates for use of open and closed radioactive sources. Complete the RSA 2 form (obtained from SEPA/EA) when applying for registration certificates for use of mobile closed radioactive sources.
Who to Apply to	The Scottish Environmental Protection Agency (SEPA) in Scotland; and the Environment Agency (EA) in England and Wales.
When to Apply	4-5 months prior to the use of radioactive material.

Performance Standards

Limits Placed on Use of Radioactive Material.

In addition to reporting/monitoring requirements described below, the Certificate is likely to impose conditions that relate to the:

Apparatus, equipment and appliances used on the premises;
Provision of information concerning the removal of radioactive material from the premises; and
Prohibiting of selling or supplying radioactive material from the premises unless it has been duly labelled/marked.

Sampling/Monitoring Requirements

Monitoring Use of Radioactive Substances

Not required but full records must be available for SEPA/EA inspectors.

Reporting Requirements

Lost Sources

It is a condition of registration under the Radioactive Substances Act 1993 that sources which cannot be recovered from downhole are notified to HSE as soon as loss is determined.

Note SEPA/EA will regard the source as “in storage” and may require further recovery attempts at well decommissioning.

Who to Report to

SEPA/EA

Non Compliance

What to do if in Breach of Consent

Immediately inform SEPA/EA.

Penalties

Use, accumulation or storage of radioactive material or use of mobile radioactive equipment without proper authorisation is an offence under the Act. Not complying with any limitations or conditions set by authorisation or non-compliance with enforcement or prohibition notices is an offence under the Act. A person guilty of these offences shall be liable on summary conviction to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months or to both; or on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

Failure to display documents on premises as required under Section 19 of the Act is an offence liable on summary conviction to a fine not exceeding the statutory maximum or on indictment to a fine.

Failure to keep required records is an offence liable on summary conviction to a fine not exceeding the statutory maximum or a prison sentence not exceeding 3 months, or on indictment to a fine or imprisonment for a period not exceeding 2 years.

Renewal and Variation

Renewal of Certificate of Registration

SEPA/EA will review an operator’s registration at intervals of approximately 4 years.

Pending Legislation

Qualified Experts for Radioactive Waste Management

A consultation is being carried out by the EA, SEPA and the NIEA.

The consultation is about setting a common standard in the UK, for the competences of a Qualified Expert who can advise employers about radioactive waste management and environmental radiation protection, to meet the requirements of the Radioactive Waste Legislation

Snippets

UK Policy

A policy statement, Policy Statement for the Long Term Management of Solid Low Level Radioactive Waste in the United Kingdom (pdf), was published in March 2007 as a result of public consultation. The policy amends or replaces relevant parts of the ‘Review of Radioactive Waste Policy: Final Conclusions’ White Paper published in July 1995. The policy statement covers all aspects of generation, management and regulation of solid low level radioactive waste.