Regulation 3 Meaning of “nuclear material”, “Category I/II nuclear material” and “Category III nuclear material”I1

United Kingdom

(1)

For the purposes of paragraph (b) of the definition of “nuclear material” in section 76(7) of the 2001 Act (meaning of “nuclear material” in section 76) material of the following kinds is prescribed—

(a)

previously separated americium-241 which is not irradiated,

(b)

previously separated americium-242m which is not irradiated,

(c)

previously separated americium-243 which is not irradiated, and

(d)

previously separated neptunium-237 which is not irradiated.

(2)

In paragraph (1)—

“irradiated”, in relation to any kind of material, means that the material has a total radiation output giving a dose rate exceeding 1 Gray per hour at one metre from the unshielded surface of the material; and
“previously separated”, in relation to any kind of material, means that the material has been subject to treatment that increases the concentration of the material.

(3)

For the purposes of these Regulations, nuclear material is “Category I/II nuclear material” if and only if it is—

(a)

a kind of nuclear material specified in column 1 of the Table in the Schedule to these Regulations in relation to which there is an entry in column 2 of that Table specifying a quantity (including “any quantity”) for material of that kind, and

(b)

of such a quantity as is specified in column 2 of that Table for material of that kind.

(4)

For the purposes of these Regulations, nuclear material is “Category III nuclear material” if and only if it is—

(a)

a kind of nuclear material specified in column 1 of the Table in the Schedule to these Regulations in relation to which there is an entry in column 3 of that Table specifying a quantity (including “any quantity”) for material of that kind, and

(b)

of such a quantity as is specified in column 3 of that Table for material of that kind.

(5)

In determining the quantity of material of any kind for the purposes of paragraphs (3)(b) and (4)(b)—

(a)

in the case of material used or stored on nuclear premises, the quantities of all material of the kind in question that is being used or stored on the nuclear premises in question are to be aggregated, and

(b)

in the case of material being transported by road, train F1, ship or air, the quantities of all material of the kind in question that is being transported in the road convoy, on the train F2, on the ship or in the aircraft, as the case may be, are to be aggregated.

Annotations

Textual amendments

F1: Words in reg. 3(5)(b) substituted (20.8.2016) by The Nuclear Industries Security (Amendment) Regulations 2016 (S.I. 2016/795), regs. 1, 2(3)(a)
F2: Words in reg. 3(5)(b) substituted (20.8.2016) by The Nuclear Industries Security (Amendment) Regulations 2016 (S.I. 2016/795), regs. 1, 2(3)(b)

Commencement

I1: Reg. 3 in force at 22.3.2003 for specified purposes and 22.9.2003 in so far as not already in force, see reg. 1(2)