Regulation 18 Consultation

(1)

Before making a justification decision F1or a determination under regulation 12 or 21C or serving a contravention notice under regulation 22, the Justifying Authority or Secretary of State (as the case may be)—

(a)

shall consult—

(i)

the Health and Safety Executive M1;

F2(ia)

the Office for Nuclear Regulation;

(ii)

the Food Standards Agency M2;

F3(iii)

Public Health England, an executive agency of the Department of Health F4and Social Care; and

(iv)

where the class or type of practice involves a radioactive substance, the Environment Agency M3, F5the Natural Resources Body for Wales, the Scottish Environment Protection Agency M4 and the Department of the Environment for Northern Ireland;

(b)

may consult any other person whom he considers it appropriate to consult;

(c)

shall take such steps as he considers appropriate to bring the proposed decision, determination or contravention notice to the attention of any person likely to be affected by it.

(2)

Before exercising any function under Part 3 or under regulation 16, 17, F621C, 22, 26 or 27, the person proposing to exercise the function shall consult the other persons listed in regulation 6(1).

Annotations

Textual amendments

F1: Words in reg. 18(1) substituted (18.4.2018) by The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018 (S.I. 2018/430), regs. 1, 12(2)
F2: Reg. 18(1)(a)(ia) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 109(2) (with Sch. 4)
F3: Reg. 18(1)(a)(iii) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 68(2)
F4: Words in reg. 18(1)(a)(iii) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(h) (with art. 14)
F5: Words in reg. 18(1)(a)(iv) inserted (18.7.2013) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 32(2) (with art. 24)
F6: Word in reg. 18(2) inserted (18.4.2018) by The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018 (S.I. 2018/430), regs. 1, 12(3)

Marginal citations

M1: See section 10 of the Health and Safety at Work etc Act 1974 c. 37.
M2: See section 1 of the Food Standards Act 1999 c. 28.
M3: See section 1 of the Environment Act 1995 c. 25.
M4: See section 20 of the Environment Act 1995.