Article 8 Exclusion of radioactive waste from sections 6 and 7 of the Act

(1)

Radioactive waste falling within one of the following descriptions, that is to say—

(a)

waste which, immediately before it became waste, consisted of an article which was a smoke detector falling within Article 4(a), or

(b)

substances or articles which are radioactive waste solely because they have been contaminated in the course of the keeping or use of smoke detectors falling within Article 4(a), or by contact with or proximity to other waste falling within the last preceding sub-paragraph or this sub-paragraph,

is hereby excluded from the provisions of section 6(1) and (2) of the Act (which relates to the disposal of radioactive waste), subject to the conditions specified in paragraph (2) of this Article.

(2)

The conditions to which the preceding paragraph refers are—

(a)

that the waste is disposed of by one of the following means, that is to say—

(i)

sending it to, or causing or permitting its removal by a person who is authorised under section 6(3) of the Act to dispose of radioactive waste of a description to which the waste belongs;

(ii)

sending it to, or causing or permitting its removal by a manufacturers of smoke detectors of the same description as the waste;

(iii)

causing or permitting its removal as refuse by a waste collection authority or their contractors; and

(b)

that, where it is disposed of as refuse by the means referred to in sub-paragraph (a)(iii) of this paragraph—

(i)

the waste is dispersed in other refuse which is not radioactive waste; and

(ii)

the sum total of kilobecquerels of americium 241 in any 0.1 cubic metre of the whole mass of the waste and refuse does not exceed 40.

(3)

Where it is being accumulated with a view to its subsequent disposal by the means referred to in paragraph (2)(a)(i) and (ii) of this Article, radioactive waste falling within paragraph (1) of this Article is hereby excluded from the provisions of section 7(1) of the Act, subject to the condition that it is disposed of as soon as practicable.

(4)

Where it is being accumulated with a view to its subsequent disposal by the means referred to in paragraph 2(a)(iii) of this Article, radioactive waste falling within paragraph (1) of this Article is hereby excluded from the provisions of section 7(1) of the Act, subject to the conditions that—

(a)

it is dispersed in other refuse which is not radioactive waste; and

(b)

the refuse in which it is dispersed is disposed of as soon as practicable.

(5)

Radioactive waste which, immediately before it became waste, consisted of an article which was a smoke detector falling within Article 4(b) is hereby excluded from the provisions of section 6(1) of the Act, subject to the condition that it is disposed of by one of the means referred to in Article 8(2)(a)(i) and (ii).