The primary aim of the regulatory regime for radioactive substances is to licence the use and disposal of radioactive substances such that the public and the environment are protected from the effects of ionising radiation. This is achieved through the Environmental Permitting Regulations 2010 (SI 2010/675) in England and Wales. Through incorporation of the earlier Radioactive Substances Act 1993 (RSA93) into Schedule 23. RSA93 remains in force in Scotland and Northern Ireland.
The move of radioactive substances regulation to EPR2010 changed the mechanism of regulation, but government was not in a position at that point to alter the substantive detail of the system (including 18 Exemption Orders). The Environmental Permitting Amendment Regulations 2011 (SI 2011/2043) provide the final stage in amending the regulatory framework following a UK-wide review of the regulation of radioactive substances. The aim of the review (which is now completed) was to provide a consistent UK-wide approach to the regulation of radioactive substances despite the use of different legislative vehicles, and to ensure easier to follow, modern and transparent regulation. The EP (Amendments) Regulations 2011 involve substantive changes clarifying and altering the scope of the regulatory system by amending the definitions of radioactive material and radioactive waste and by providing new, more transparent and user-friendly exemption provisions into EP Regulations 2010. Because these changes to Schedule 23 of EPR2010 are substantial, the schedule is consolidated by these regulations (as requested by stakeholders). In Scotland and Northern Ireland, equivalent changes are achieved by Regulations amending RSA93 and by replacing the existing 18 Exemption Orders with a single Order.
Environmental Permitting is one of Defra’s Better Regulation initiatives, which aims to improve regulatory activities, cut administrative burdens and focus on the delivery of a better service to customers. Therefore, the new Guidance on radioactive substances regulation and the exemptions regime (which is applicable across the UK) is on the Defra website.
The regulators of radioactive substances are the Environment Agency in England and Wales; the Scottish Environment Protection Agency and the Northern Ireland Environment Agency.
Workshops to help users understand the new exemptions regime will be held during the transitional period and are being co-hosted with the Society for Radiological Protection and the UK Environment Agencies.
If you have any queries about radioactive substances regulation, please contact DECC at EO-review@decc.gsi.gov.uk