Paragraph 1 Interpretation

In this schedule—

• “contaminated materials activity” means a radioactive substances activity involving radioactive material where—

  1. (a)

     the material is contaminated, but not with the intention of utilising its radioactive, fissile or fertile properties; and

  2. (b)

     in the absence of such contamination, the substance or article would not be radioactive material; and

  3. (c)

     the radioactive material is kept on the premises on which the contamination occurred;

• “concluded” means for the purposes of paragraph 3, in relation to an application, that—

  1. (a)

     the application has been granted, refused or withdrawn; and

  2. (b)

     the period allowed for appeals has passed or an appeal has been determined or withdrawn;

• “concluded” means for the purposes of paragraph 4, in relation to an application, that—

  1. (a)

     the application has been granted or withdrawn; or

  2. (b)

     the application has been refused and the period allowed for appeals has passed or, where an appeal has been made during that period, the appeal has been determined or withdrawn;

• “Exemption Order” means the Radioactive Substances Exemption (Scotland) Order 2011^f1;

• “existing licence” means—

  1. (a)

     a registration made under section 7 or 10 of the 1993 Act; or

  2. (b)

     an authorisation granted under section 13 or 14 of the 1993 Act,

  before the relevant date;

• “new activity” means an activity being carried on immediately before the relevant date which is—

  1. (a)

     a regulated activity;

  2. (b)

     an activity which the person would have been able to lawfully carry on immediately before the relevant date without an existing licence; and

  3. (c)

     not—

     1. (i)

        authorised by means only of being carried on in compliance with the general binding rules specified for the activity; or

     2. (ii)

        a contaminated materials activity;

• “relevant date” means the date these Regulations come into force in accordance with regulation 1;

• “1993 Act” means the Radioactive Substances Act 1993^f2;

• “6 months date” means the date falling after a period of 6 months from the relevant date.