Explanatory note

This Order controls the export of certain high-activity radioactive sources.

Article 3 prohibits, except under licence, the export of certain radioactive sources (“controlled radioactive sources”) of a description in Schedule 1. Article 4 excludes from the control, with limited exceptions, controlled radioactive sources in transit.

Section 68 of the Customs and Excise Management Act 1979 provides offences for the breach of the control on export. In article 12 the maximum penalty for the intentional breach of the control on export is set at 10 years, the maximum penalty permitted under section 7(1) of the Export Control Act 2002.

Articles 5, 6, 7 and 8 provide for the granting of licences, record keeping and appeals against the refusal of a licence application. Article 9 and 10 make provision in respect of misleading applications for licences and failure to comply with licence conditions. Article 11 gives to the Commissioners of Her Majesty's Revenue and Customs the power to require evidence of the destination to which the controlled radioactive source was delivered. Article 13 sets out the purposes for which information obtained by the Secretary of State, or the Commissioners, can be disclosed.

Guidance issued pursuant to section 9 of the Export Control Act 2002 on the operation of the control introduced by this Order, and a full regulatory impact assessment of the effect it will have on the costs of business are available from http://www.dti.gov.uk/europeanandtrade/strategic-export-control/legislation/radioactive-sources/index.html or the Export Control Organisation helpline - Telephone (020) 7215 8070 or E-mail: [email protected].