{
  "url": "https://openlegislation.uk/radioactive-substances-modification-of-enactments-regulations-northern-ireland-2018/note",
  "json_url": "https://openlegislation.uk/radioactive-substances-modification-of-enactments-regulations-northern-ireland-2018/note.json",
  "legislation": "nisr/2018/116",
  "legislation_title": "The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018",
  "legislation_url": "https://openlegislation.uk/radioactive-substances-modification-of-enactments-regulations-northern-ireland-2018",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThese Regulations are part of a package of measures to transpose Council Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directive 89/618/Euratom, 94/491/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (the Basic Safety Standards Directive). Most of the transposition measures are being dealt with by amending or replacing existing statutory instruments. These regulations cover provisions in relation to planned public exposure situations and existing public exposure provisions by amending the Radioactive Substance Act 1993 Chapter 12, the Radioactive Substances Exemption (Northern Ireland) Order 2011, the High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005, the Radioactive Substances (Basic Safety Standards) Regulations (Northern Ireland) 2003 and the Radioactive Contaminated Land Regulations (Northern Ireland) 2006.\nChapter 12 to the Radioactive Substances Act 1993 concerns radioactive substances activities. Where a radioactive substances activity is in scope (Section 1 of Chapter 12) authorisation is required unless an exemption under Articles 8, 11 or 15 applies. Amendments to the Radioactive Substances Act 1993 are set out in these Regulations.\nThese Regulations also amend existing references to and definitions from directives repealed by the Basic Safety Standards Directive.\nRegulation 2 amends the Radioactive Substances Act 1993 Chapter 12.\nParagraph 2 adds a new provision prohibiting dilution; where the concentration of radioactivity in a substance or article is reduced by diluting it to make it out of scope of the Radioactive Substances Act 1993, it will remain in scope. It also add a new out of scope provision for historic radium contamination. Radioactive material or waste generated when contaminated land is remediated will be out of scope if the radium concentration is below the specified limit and the contamination occurred before 13 May 2000.\nParagraphs 3 to 5 inclusive impose certain duties on the chief inspector. Requirements are imposed in relation to the inspection programme the chief inspector establishes and the duty of the chief inspector to record and communicate inspection findings. The chief inspector shall require a person who holds an authorisation to undertake certain tasks and to seek advice on those tasks from a radioactive waste adviser. The chief inspector shall not allow the dilution of radioactive material for the purpose of it being released from regulatory control. The chief inspector shall require a person who holds an authorisation to monitor and report on authorised radioactive discharges. Where the monitoring relates to a nuclear power station or nuclear reprocessing plant, the chief inspector shall require monitoring in accordance with a direction issued by the appropriate Minister.\nParagraph 6 inserts a new requirement on the chief inspector to be prepared or have made provision for the control of any orphan source (that is, radiation source which should be but is not under regulatory control because, for example, it has been lost or stolen).\nParagraph 8 adds geothermal energy production to the list of NORM industrial activities (that is, industrial activities involving natural occurring radioactive material where the radioactivity is incidental to the activity) bringing such activity into the scope of the Radioactive Substances Act. In addition it replaces the table of concentration values for radionuclides arising from NORM industrial activities (Table 2). It also replaces the table of concentration of radionuclides, inserting new values for some radionuclides for the purposes of the definitions of radioactive material and waste (Table 3).\nRegulation 3 amends the Radioactive Substances Exemption (Northern Ireland) Order 2011.\nParagraphs (2), (3), (5), (7)(b), (9) and (12) make a series of amendments to the definitions of Type 1 and Type 2 NORM waste for the purposes of exemptions for accumulating radioactive waste, disposing of solid radioactive waste and disposing of NORM waste. New radioactivity concentration limits are imposed (new Table 4A). Specific provision is made prohibiting dilution for the purposes of reducing the concentration of radioactivity in waste to bring it within the NORM waste exemption.\nParagraph 7(a) inserts a new provision allowing the solid radioactive waste exemption to be claimed for broken sealed sources containing tritium (known as gaseous) tritium light devices.\nParagraph 10 inserts a new provision to create an exemption for the disposal of gaseous NORM waste released in oil and gas production (known as venting or flaring).\nRegulation 4 amends the High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005\nParagraph 2 substitutes new definitions and in particular a new definition of high-activity sealed source, by reference to Annex III of the Basic Safety Standards Directive which sets out new radioactivity values for radionuclides contained in a sealed source.\nRegulation 5 amends the Radioactive Substances (Basic Safety Standards) Regulations (Northern Ireland) 2003.\nParagraph 3 amends certain duties of the chief inspector to observe requirements of the Basic Safety Standards Directive and substitutes estimating effective dose and equivalent dose by reference to the International Commission for Radiological Protection Publications 116 and 119.\nRegulation 6 amends the Radioactive Contaminated Land Regulations (Northern Ireland) 2006.\nParagraph 2 updates and substitutes new definitions.\nParagraph 3 inserts provision for the establishment and implementation of strategies, to include remedial and protective measures, to ensure appropriate management of existing exposure situations.\nAn updated transposition note is submitted with the Explanatory Memorandum which is available alongside the rule on www.legislation.gov.uk. A full impact assessment has not been produced for this rule as no, or no significant, impact on the private, voluntary or public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "O.J. L.133, 17.01.2014, p.1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1993 c.12 as relevantly amended by S.R. 2003 No. 208, S.I. 2005 No. 2686 and S.R. 2011 No. 289"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.R. 2011 No. 289"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 2005 No. 2686"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.R. 2003 No. 208"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.R. 2006 No. 345 as relevantly amended by S.I. 2007 No. 3236 and S.I. 2010 No. 2145"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2018/116/note",
    "retrieved_at": "2026-10-29T00:49:14.249427+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}