# The Ionising Radiation (Medical Exposure) (Amendment) Regulations 2024, Regulation 11: Amendments to regulation 12 of the 2017 Regulations (optimisation)


(1) Regulation 12 of the 2017 Regulations (optimisation) is amended as follows.
(2) In paragraph (3)—
(a) in sub-paragraph (a), for “assurance” substitute “control”;
(b) omit the “and” after sub-paragraph (b);
(c) in sub-paragraph (c)—
(i) after “radiodiagnostic examinations”, insert “and interventional radiology practices”;
(ii) for “regulation 3(a)” substitute “regulation 3(1)(a)”.
(d) after sub-paragraph (c), insert—
“; and
(d) adherence to such dose reference levels for radiotherapeutic practices for typical localisation or verification exposures falling within regulation 3(1)(a) as the employer may have established,”.
(3) In paragraph (4)—
(a) In the opening words, for “regulation 3(c)” substitute “regulation 3(1)(c)”;
(b) for sub-paragraph (a), substitute—
“(a) consent to take part in the research programme is given by or, where appropriate, on behalf of, the individuals concerned;”;
(c) in sub-paragraph (b), after “the individuals concerned”, insert “, or their representative (if there is one) where appropriate,”.
(4) In paragraph (5), for “regulation 3(d)” substitute “regulation 3(1)(d)”.
(5) In paragraph (6)—
(a) in sub-paragraph (a), after “capacity”, insert “or, as the case may be, competence”;
(b) after sub-paragraph (a), insert—
“(aa) where the patient is in England or Wales and is a child under the age of 16 who lacks competence to consent, a person with parental responsibility for the child;
(ab) where the patient is in Scotland and is a child under the age of 16 who lacks capacity to consent, a person with parental responsibility for the child; or”;
(c) for sub-paragraph (b), substitute—
“(b) where the patient is a person aged 16 or older who lacks capacity or, as the case may be competence, to consent, the person who appears to the operator to be the most appropriate person.”;
(d) omit the “or” after sub-paragraph (b);
(e) omit sub-paragraph (c).
(6) In paragraph (8)—
(a) in sub-paragraphs (a) to (c), in each place it occurs omit “medical”;
(b) in sub-paragraphs (d) and (e), in each place it occurs for “a medical” substitute “an”.
(7) After paragraph (9), insert—
“(10) In this regulation, the references to—
(a) a person’s capacity are to be read—
(i) in relation to England and Wales, in accordance with the Mental Capacity Act 2005 (in the case of a person aged 16 years or older); and
(ii) in relation to Scotland, in accordance with the Age of Legal Capacity (Scotland) Act 1991 (in the case of a person under the age of 16) and the Adults with Incapacity (Scotland) Act 2000 (in the case of a person aged 16 years or older); and
(b) “parental responsibility” are to be read—
(i) in relation to England and Wales, in accordance with the Children Act 1989; and
(ii) in relation to Scotland, in accordance with the Children (Scotland) Act 1995.”.

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Source: https://www.legislation.gov.uk/uksi/2024/896/regulation/11 (the official version)
Page: https://openlegislation.uk/ionising-radiation-medical-exposure-amendment-regulations-2024/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.