Radiological Protection Act, 1991
Source: Iris Oifigiúl 1991-05-17

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paragraphs: —This Act may be cited as the Radiological Protection Act, 1991.
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paragraphs: —In this Act, except where the context otherwise requires—
“activity” means the number of nuclear disintegrations which occur per unit of time in a radioactive substance;
“animals” means all animals excluding fish, poultry and fauna;
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paragraphs: —Every order or regulation (other than an order made under section 5 or 35 of this Act) made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order or the regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or the regulation is laid before it, the order or the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: —The expenses incurred by a Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
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paragraphs: —(1) On the establishment day there shall stand established a body to be known as the Radiological Protection Institute of Ireland, and in this Act referred to as “the Institute”, to perform the functions conferred on it by or under this Act.
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paragraphs: —(1) The Institute shall, in addition to any other functions assigned to it by or under this Act, have the following general functions:
(a) to monitor activity or ionising radiation levels in any thing in the State and in any waters, including international waters, surrounding the State, and, in particular, without prejudice to the generality of the foregoing, to monitor any activity or ionising radiation levels in individuals, animals, fauna, poultry, eggs, crops, fish, seaweed, or any food, soil, minerals (including rocks of all descriptions), air or water;
(b) to monitor the exposure of individuals to activity or ionising radiation;
(c) to advise the Government, the Minister and other Ministers of the Government and the public, on measures for the protection of individuals in the State from radiological hazards;
(d) to advise the Government, the Minister and other Ministers of the Government on radiological safety matters relating to the transport, use, storage, maintenance and disposal of radioactive substances, nuclear devices or irradiating apparatus wheresoever located;
(e) to assist in the planning and implementation of measures to deal with radiological emergencies;
(f) to advise the Government, the Minister and other Ministers in relation to international standards regarding ionising radiation, radioactive substances, nuclear devices, irradiating apparatus and radiological safety;
(g) where appropriate, to enter into arrangements with the Government, the Minister or other Ministers of the Government and such other persons or bodies as the Minister may direct to provide monitoring, advisory or consultancy services in relation to radiological safety;
(h) to monitor scientific, technological, economic and other developments wheresoever taking place relating to ionising radiation, radioactive substances, nuclear devices, irradiating apparatus and radiological safety in order to keep the Government and the Minister informed of such developments with particular reference to the implications for the State of such developments;
(i) to assist the Minister for Defence in the exercise of his functions in relation to the protection of individuals whenever the Government decide that the hazard to life or health from a radiological emergency requires his intervention;
(j) to carry out or to arrange for the carrying out of and to co-ordinate or assist in arrangements for the carrying out of research into any matter relating to the functions or activities of the Institute; and
(k) to provide information to the public on any matters relating to radiological safety which the Institute deems fit.
(2) The functions of the Institute, in relation to the use of a radioactive substance, nuclear device or irradiating apparatus as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect shall relate only to—
(a) the supervision and care of the radioactive substance, nuclear device or irradiating apparatus concerned, and
(b) ensuring that the said substance, device or apparatus is properly calibrated and maintained so as—
(i) to reduce to a minimum the effects of such substance, device or apparatus on property and persons other than a patient receiving a particular medical or dental application, or
(ii) to enable a medical or dental practitioner to achieve the maximum degree of accuracy and safety where the said substance, device or apparatus is used for the benefit of an individual patient.
(3) The Institute may, subject to compliance with such conditions as the Minister may, from time to time, direct, do all such other things as arise out of or are consequential on the functions assigned to the Institute by or under this Act.
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paragraphs: —The Institute shall have, without prejudice to the generality of section 7 of this Act, the following particular functions, that is to say:
(a) to exchange information and to co-operate with the relevant authorities of other states or with international organisations concerned with the physical protection of nuclear material on protection of nuclear material and related matters, including in particular where there has been a theft of or the threat of the theft of nuclear material;
(b) to render assistance to other states in the event of a radiological emergency;
(c) to co-operate with the relevant authorities in other states incases of nuclear accident or radiological emergency;
(d) to co-operate with the relevant authorities in other states in measures for prevention or the minimising of injury and damage which may result in the event of a nuclear accident or radiological emergency;
(e) to exchange information on relevant matters with the relevant authorities in other states and international organisations concerned with nuclear safety and radiological protection;
(f) to prepare and issue codes of practice dealing with radiological safety, radioactive substances, nuclear devices or irradiating apparatus, taking into account relevant standards recommended by relevant international bodies;
(g) to prepare and issue safety guidelines and recommendations for persons dealing with radioactive substances, nuclear devices or irradiating apparatus, taking into account relevant standards recommended by relevant international bodies;
(h) to make recommendations to the Minister or any other Minister, as appropriate, in respect of proposals for legislation on measures for protection against radiological hazards;
(i) to issue certificates concerning levels of activity or ionising radiation in any thing;
(j) pursuant to an order made under section 30 of this Act, to carry out a licensing system relating to the custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of radioactive substances, nuclear devices or irradiating apparatus;
(k) to provide and, where appropriate, approve of, training in relation to activities licensed under an order under section 30 of this Act and in relation to radiological safety;
(l) to collect and disseminate information on ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters related therewith;
(m) to advise the Government, the Minister and other Ministers regarding representation of the State on international bodies dealing with ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters connected therewith; and
(n) to represent the State in such manner and on such international bodies as may be directed by the said Ministers.
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paragraphs: —(1) The Minister may, from time to time, by order—
(a) confer on the Institute such additional functions connected with the functions for the time being of the Institute or the services or activities that the Institute is authorised for the time being to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities in relation to ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters connected therewith) as he considers appropriate;
(b) make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Institute of functions under this section or the performance by the Institute of functions so conferred; and
(c) extend the powers and functions of the Institute to cover such matters pertaining to non-ionising radiation as may be specified in the order.
(2) Without prejudice to the generality of subsection (1) of this section, the Minister may, from time to time, by order assign to the Institute any or all of the following functions:
(a) the monitoring of compliance with any safety codes established or regulations made (whether under this Act, the Health Act, 1953 , or any of the relevant statutory provisions within the meaning of the Safety, Health and Welfare at Work Act, 1989 ) relating to radioactive substances, nuclear devices or irradiating apparatus or to radiological safety, and
(b) in the performance of any function mentioned in this subsection, the control of the custody, use, manufacture, importation, distribution, transportation, insurance, sale, exportation or other disposal of radioactive substances or irradiating apparatus or nuclear devices as may be specified in the order.
(3) Before making an order under this section, the Minister shall consult the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Foreign Affairs, Education, Health, the Environment, Tourism and Transport, the Marine, Communications and Defence.
(4) An order under this section may include such conditions, in relation to the execution of functions conferred on the Institute under this section, as the Minister, after consultation with the aforesaid Ministers, may determine.
(5) The Minister may, after consultation with the Ministers referred to in subsection (3) of this section by order revoke or amend an order under this section.
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paragraphs: —(1) Subject to the provisions of this section, the Institute may make such charges as it considers appropriate in consideration of the performance by it of its functions, the provision by it of services and the carrying on by it of activities other than those performed, provided or carried on for the Minister.
(2) The determination of the amounts of charges by the Institute shall be subject to the approval of the Minister and the Minister for Finance.
(3) Charges, prices and payments under subsection (1) of this section in respect of functions performed, services provided or activities carried on, shall not, save with the approval of the Minister, be less than the cost of the performance of the function, the provision of the service or the carrying on of the activity, as the case may be.
(4) The Institute may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1) of this section.
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paragraphs: —(1) There shall be a chief executive officer of the Institute who shall be known, and is in this Act referred to, as the Chief Executive Officer.
(2) The Chief Executive Officer shall carry on and manage and control generally the administration and business of the Institute and shall perform such other functions as may be determined by the Institute.
(3) The Chief Executive Officer shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as may be determined by the Minister with the consent of the Minister for Finance.
(4) The Chief Executive Officer shall be paid by the Institute out of moneys at its disposal such remuneration and such allowances for expenses incurred by him in the performance of his functions as may be determined by the Minister, with the consent of the Minister for Finance.
(5) The Chief Executive Officer shall be appointed, and may be removed from office at any time, by the Institute with the consent of the Minister.
(6) The Chief Executive Officer shall devote the whole of his time to his duties as Chief Executive Officer and shall not hold any other office or position without the consent of the Institute.
(7) The Chief Executive Officer may make proposals to the Institute on any matter relating to its activities.
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paragraphs: —(1) The Institute shall accept into its employment on the establishment day in accordance with the terms of this Act every person who immediately before the establishment day was a member of the staff of the Board.
(2) The Institute may appoint such number of persons to be members of the staff of the Institute as it may determine with the consent of the Minister and the Minister for Finance.
(3) (a) A member of the staff of the Institute (other than the Chief Executive Officer) shall be paid, out of the moneys at the disposal of the Institute, such remuneration and allowances for expenses incurred by him as the Institute may, with the consent of the Minister and the Minister for Finance, determine.
(b) A member of the staff of the Institute referred to in paragraph (a) of this subsection shall hold his office or employment on such other terms and conditions as the Institute may, with the consent of the Minister and the Minister for Finance, determine.
(4) The grades of the staff of the Institute, and the numbers of staff in each grade, shall be determined by the Institute with the consent of the Minister and the Minister for Finance.
(5) The terms and conditions relating to tenure of office which are granted by the Institute in relation to a member of the staff of the Institute who immediately before the establishment day was a member of the staff of the Board shall not, while he is in the service of the Institute, be less favourable to him than those prevailing immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.
(6) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a member of the staff referred to in subsection (5) of this section shall not, while in the service of the Institute, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the establishment day.
(7) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of members of the staff referred to in subsection (5) of this section are varied by the Institute, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Institute or the Chief Executive Officer, as the case may be, while they are in the service of the Institute. No such variation shall operate to worsen the scales of pay or the terms or conditions of service aforesaid applicable to a member of such staff immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.
(8) In relation to staff referred to in subsection (5) of this section, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the Board shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973 , the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977 .
(9) The Institute may perform any of its functions through or by the Chief Executive Officer or any other member of its staff duly authorised by the Institute in that behalf.
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paragraphs: —(1) The Institute may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons (other than the Chief Executive Officer) appointed to whole-time positions on the staff of the Institute.
(2) A scheme under subsection (1) of this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.
(3) The Institute may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.
(4) A scheme, or amending scheme, or revoking scheme submitted to the Minister under this section shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Institute in accordance with its terms.
(5) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(6) No superannuation benefit shall be granted by the Institute on the resignation, retirement or death of a member of the staff of the Institute, otherwise than in accordance with a scheme or schemes under this section.
(7) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(8) (a) A scheme or schemes under subsection (1) of this section shall, as respects a member of staff referred to in section 12 (5) of this Act, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediatelybefore the establishment day in relation to the grant of such benefits.
(b) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person referred to in section 12 (5) of this Act in respect of his employment with the Board, the superannuation benefits shall be granted and paid to or in respect of the person by the Institute.
(9) In this section and in sections 12 and 14 of this Act “superannuation benefits” means pensions, gratuities and other allowances payable on or in respect of resignation, retirement or death.
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paragraphs: —(1) Where a member of the Institute is—
(a) nominated as a member of Seanad Ãireann, or
(b) elected as a member of either House of the Oireachtas or of the European Parliament, or
(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,
he shall thereupon cease to be a member of the Institute.
(2) Where a person who is a member of the staff of the Institute is—
(a) nominated as a member of Seanad Ãireann, or
(b) elected as a member of either House of the Oireachtas or of the European Parliament, or
(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,
he shall thereupon stand seconded from employment by the Institute and shall not be paid by, or be entitled to receive from, the Institute any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.
(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of the Institute or the staff of the Institute.
(4) Without prejudice to the generality of subsection (2) of this section, that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Institute for the purposes of any superannuation benefits.
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paragraphs: —The Minister may from time to time, with the consent of the Minister for Finance, advance to the Institute out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of expenditure by the Institute in the performance of its functions.
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paragraphs: —(1) The Institute shall keep, in such form as may be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by the Institute, including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister, on his own motion or at the request of the Minister for Finance, may from time to time direct.
(2) Accounts kept in pursuance of this section shall be submitted to the Comptroller and Auditor General for audit and a copy of the income and expenditure account and of the balance sheet and of such other (if any) of its accounts as the Minister may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister as soon as may be after, but not later than 6 months after, the end of the financial year of the Institute and the Minister shall cause copies of each of the documents aforesaid to be laid before each House of the Oireachtas.
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paragraphs: —(1) As soon as may be after the end of each financial year of the Institute, but not later than 6 months thereafter, the Institute shall make a report to the Minister of its activities during that year and he shall cause copies of the report to be laid before each House of the Oireachtas.
(2) Each report under subsection (1) of this section shall include information in such form and regarding such matters as the Minister may direct.
(3) Not less than 3 months before the end of each financial year of the Institute, it shall furnish to the Minister a report in writing—
(a) outlining its proposed activities (other than day-to-day activities) in the financial year immediately following,
(b) giving estimates of its expenditure in the last mentioned year in relation to each of those activities, and
(c) giving estimates of its income in the said last mentioned year,
and the Institute shall not carry out any of those activities or incur any such expenditure until the report has been approved of by the Minister.
(4) The Institute shall not during any financial year—
(a) carry on any activity (other than a day-to-day activity) not specified in the report under subsection (3) of this section in relation to that year, or
(b) incur expenditure in relation to any activity in excess of the estimate of that expenditure given in that report,
without the prior approval of the Minister.
(5) The Institute shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning or relating to the performance of its functions, or its plans for the future performance of its functions, generally or in respect of any account prepared by the Institute or any report specified in subsection (1) or (3) of this section or section 16 (2) of this Act or the policy and activities, other than day-to-day activities, of the Institute.
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paragraphs: —(1) The Institute may, from time to time, establish committees to assist and to advise it in relation to the performance of its functions.
(2) The Institute may delegate to a committee appointed under this section any of its functions which, in its opinion, can be better or more conveniently performed by a committee, and may regulate the procedure of any such committee.
(3) A committee appointed under this section shall consist of such number of members as the Institute thinks proper and may, at the discretion of the Institute, consist exclusively of persons who are members of the Institute or partly of persons who are members of the Institute and partly of persons who are members of the staff of the Institute or partly of persons who are either members of the staff of the Institute or members of the Institute and partly of other persons.
(4) The acts of a committee appointed under this section shall be subject to confirmation by the Institute.
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paragraphs: —(1) The Institute may accept subscriptions of money from any body or person in return for the use by such body or person or other bodies or persons of such services and facilities of the Institute as the Institute may determine.
(2) The Institute may, subject to the approval of the Minister and the consent of the Minister for Finance, accept a gift of money, land or other property, upon such trusts and conditions, if any, as may be specified by the person making the gift.
(3) The Institute shall not accept any gift or subscription of money if the conditions attached by the donor to the acceptance thereof are inconsistent with the functions of the Institute.
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paragraphs: —(1) The Minister may give a directive in writing to the Institute in relation to policy generally.
(2) The Minister shall cause any directive given by him under subsection (1) of this section to be laid before each House of the Oireachtas within twenty-one days after it has been given.
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paragraphs: —(1) The Board shall, on the establishment day, become and be dissolved.
(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before the establishment day under an Act of the Oireachtas to the Board shall, on and after that day, be construed as references to the Institute.
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paragraphs: —(1) The following shall be and hereby are transferred to the Institute on the establishment day:
(a) all property and rights held or enjoyed immediately before that day by the Board, and
(b) all liabilities incurred before that day by the Board that had not been discharged before that day,
and, accordingly, without any further conveyance, transfer or assignment—
(i) the said property, real and personal, shall, on that day, vest in the Institute for all the estate, term or interest for which, immediately before that day, it was vested in the Board, but subject to all trusts and equities affecting the property and capable of being performed,
(ii) the said rights shall, as on and from that day, be enjoyed by the Institute, and
(iii) the said liabilities shall, as on and from that day, be liabilities of the Institute.
(2) All moneys, stocks, shares and securities transferred to the Institute by this section that, on the establishment day, are standing in the name of the Board shall, upon the request of the Institute, be transferred into its name.
(3) Every right and liability transferred by subsection (1) of this section to the Institute may, on or after the establishment day, be sued on, recovered or enforced by or against the Institute in its own name and it shall not be necessary for the Institute to give notice to the person whose right or liability is transferred by that subsection of the transfer.
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paragraphs: —Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Board to any person or given by any person to and accepted by or on behalf of the Board and every contract or agreement made between the Board and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on or after that day and shall be construed and have effect as if the name of the Institute was substituted therein for that of the Board.
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paragraphs: —Nothing in this Act shall affect the validity of any act that was done before the establishment day by or on behalf of the Board and every such act done by or on behalf of the Board shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of the Institute.
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paragraphs: —Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the Board is a party to the proceedings, the name of the Institute shall be substituted therein for that of the Board, and the proceedings shall not abate by reason of such substitution.
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paragraphs: —Subject to section 20 of this Act, anything commenced by the Board before the establishment day may be carried on and completed on and after that day by the Institute.
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paragraphs: —(1) The Institute shall be—
(a) the competent authority responsible for issuing and receiving the notification and other information pursuant to the Notification Convention or other relevant international instrument;
(b) subject to subsection (2) of this section, the competent authority authorised to make and receive requests for and to make offers of assistance pursuant to the Assistance Convention or other relevant international instrument; and
(c) the central authority having responsibility for physical protection of nuclear material and for co-ordinating recovery and response operations in the event of any unauthorised removal, use or alteration of nuclear material.
(2) The Institute shall not make any request for or make offers of assistance pursuant to the Assistance Convention or other relevant international instrument save with the consent of the Minister.
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paragraphs: —(1) The Institute may appoint inspectors for the purposes of this Act and orders or regulations made thereunder with the exception of sections 32 and 33 of this Act and may revoke any such appointment.
(2) The Minister for Agriculture and Food, after consultation with the Institute, may appoint inspectors for the purposes of sections 32 (1) (a) or (b), 32 (2) and 33 (1) or (2) of this Act and may revoke any such appointment.
(3) The Minister for the Marine, after consultation with the Institute, may appoint inspectors for the purposes of sections 32 (1) (c) or (d), 32 (2) and 33 (3) of this Act and may revoke any such appointment.
(4) The Minister for Finance, after consultation with the Institute, may appoint inspectors for the purposes of sections 32 (1) (e) and 33 (4) of this Act and may revoke any such appointment.
(5) The Minister for Health, after consultation with the Institute, may appoint inspectors for the purposes of section 32 (1) (f) of this Act and may revoke any such appointment.
(6) An inspector shall be furnished with a certificate of his appointment and when exercising the powers conferred on him by or under this Act shall, if so required, produce the certificate to any person concerned.
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paragraphs: —(1) An inspector shall for the purposes of the execution of this Act and any order or regulations made thereunder have power—
(a) to inspect and examine any radioactive substances, nuclear devices, irradiating apparatus or any substances, materials or objects containing or consisting of, or suspected of containing or consisting of, radioactive substances, nuclear devices or irradiating apparatus and carry out any other such examination as may be necessary to ascertain whether the provisions of this Act and orders or regulations made thereunder are complied with,
(b) to require the person who carries on any activities relating to such substances, devices, apparatus, materials or objects and any person employed in connection therewith to produce to the inspector any books, documents or records relating to such activities which are in that person's power or control and to give to the inspector such information as he may reasonably require in regard to any entries in such books, documents and records,
(c) to inspect and copy or take extracts from any such books, documents or records,
(d) to require a person mentioned in paragraph (b) of this subsection to give to the inspector any information which he may reasonably require to ascertain whether the provisions of this Act or any orders or regulations thereunder have been complied with,
(e) to take samples of or from any animals, poultry, eggs, crops, carcases, feeding stuffs, fish, seaweed, water or other food or any substance or material or object for the purposes of determining whether it contains or consists of a radioactive substance, nuclear device or irradiating apparatus,
(f) to examine any animal, poultry, fish or seaweed and make such tests as he considers appropriate,
(g) to capture any fauna or to take and kill any fauna for the purposes of determining whether it contains a radioactive substance or whether it is affected by levels of activity which exceed the specified levels, and
(h) to examine such fauna or sample taken therefrom and make such tests as he considers appropriate.
(2) Where an inspector is of the opinion that there is or there may be a danger to any individual, land, building or other property arising from any radioactive substance, nuclear device or irradiating apparatus or arising from levels of activity or ionising radiation in excess of specified levels, in addition to the powers set out in subsection (1) of this section, the inspector shall have power to—
(a) take control of the custody and use of a radioactive substance, nuclear device or irradiating apparatus;
(b) seize and detain any such substance, device or apparatus;
(c) undertake or arrange the safe disposal of such substance, device or apparatus;
(d) seize and detain any animals, fauna, poultry, eggs, crops,carcases, feeding stuffs, dung, litter, fish, seaweed, bottled water or any food; and
(e) make any place, building, material or other object free from contamination by ionising radiation or radioactive substances.
(3) In pursuance of the powers set out in subsection (1) or (2) of this section, an inspector shall have power—
(a) to enter at all times, by day and by night, and bring with him such equipment and persons as may be appropriate in the circumstances, any building, land or other place, aircraft, marine vessel, lorry or other vehicle;
(b) to take with him a member of the Garda SÃ­ochÃ¡na if he has reasonable grounds to apprehend any obstruction in the execution of his duties;
(c) by direction, to order persons to evacuate any land, building or other premises; and
(d) by direction, to order persons to perform or refrain from performing any act if, in his opinion, the performance of such act (as the case may be) is necessary in order to prevent or alleviate the escalation of the danger.
(4) No one shall be required by virtue of paragraph (d) of subsection (1) of this section to answer any question or to give any evidence tending to criminate himself.
(5) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the request of an inspector in pursuance of this section or to produce any books, documents or records which he is required by or in pursuance of this Act to produce, or wilfully withholds any information which the inspector may reasonably require to ascertain whether the provisions of this Act or orders or regulations made under this Act are complied with or prevents an inspector from exercising his powers under paragraph (e) of subsection (1) of this section or subsection (2) of this section that person shall be deemed to obstruct an inspector in the execution of his duties under this Act.
(6) Where an inspector is obstructed in the execution of his powers or duties under this Act—
(a) the person in charge of the activities being carried out at the building, land or other place, or in the aircraft, marine vessel, lorry or other vehicle, and, if the person obstructing the inspector is not the person in charge, the person obstructing the inspector shall be guilty also of an offence under this section, and
(b) in any other case, a person obstructing the inspector shall be guilty of an offence under this section.
(7) A person who does not comply with a requirement made or a direction given by an inspector under this section shall be guilty of an offence.
(8) It shall be an offence for a person falsely to pretend to be an inspector.
(9) Save in the case of a radiological emergency, an inspector shall consult with the Minister for Finance before exercising any powers conferred on him by paragraphs (g) and (h) of subsection (1) or paragraph (d) as it applies to fauna of subsection (2) of this section.
num: 30
paragraphs: —(1) The Minister may, after consultation with the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Health, Education, Foreign Affairs, the Environment, Tourism and Transport, the Marine, Communications and Defence and the Institute, by order regulate, restrict or prohibit (save under licence issued by the Institute) the custody, production, processing, handling, holding, storage, use, manufacture, importation, distribution, transportation, exportation or other disposal of such radioactive substances, nuclear devices, or irradiating apparatus, as may be specified in the order, and any such order may have regard to varying levels of activity or ionising radiation and to the extent to which such substances, devices or apparatus are or may be, in his opinion, a danger to the life or health of any person.
(2) For the purpose of giving effect to existing and future acts adopted by the Institutions of the European Communities relating to the health protection of the general public and workers against the dangers of ionising radiation the Minister after consultation with the Ministers referred to in subsection (1) of this section and the Institute, may make an order under this section.
(3) An order made under subsection (2) of this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the order.
(4) A licence granted under this section shall be subject to such conditions as the Institute may attach to it, including a condition that the licence may be revoked if the Institute is of the opinion that any such condition has not been observed.
(5) A licence granted under this section by the Institute may be amended or revoked by the Institute.
(6) A person whose licence has been amended or revoked may apply to the High Court for a declaration and the High Court, having heard the evidence adduced, may at its discretion declare that the exigencies of the common good do not require the amendment or revocation of the licence and upon the making of such a declaration the Institute shall re-issue the licence.
(7) The Minister may, with the consent of the Minister for Finance, prescribe by regulations a fee which the Institute may charge in respect of the issue of a licence under this section.
(8) The Minister may, after consultation with the Ministers referred to in subsection (1) of this section and the Institute, by order amend or revoke an order under this section.
num: 31
paragraphs: —(1) For the purpose of protecting individuals from radiological hazards, the Minister, after consultation with the Ministers for Agriculture and Food, Finance, the Environment, Health and the Marine and the Institute, may prescribe by regulations levels of activity (in this Act referred to as “prescribed levels”) in respect of animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, fish, seaweed, bottled water or water supplies intended for human consumption or any food.
(2) Where regulations have been made under this section, or by the Council or Commission of the European Communities—
(a) food which contains a level of activity in excess of specified levels shall be deemed to be unfit for human consumption and the provisions of the Health Act, 1947 , shall apply accordingly,
(b) without prejudice to the generality of the foregoing, milk which contains a level of activity in excess of specified levels shall be deemed to be milk not of the nature, substance and quality demanded by the purchaser for the purpose of the Sale of Food and Drugs Acts, 1875 to 1936, and
(c) any water supply (whether public or private) intended for human consumption which contains a level of activity in excess of specified levels shall be deemed to be unfit for human consumption and the Minister for the Environment, after consultation with the Minister and the Institute, shall give such directions as he considers necessary to the sanitary authority in whose sanitary district the water supply is located on measures to be taken in relation to the water supply, including measures for the protection and information of users of the water supply and the issuing of warning notices that the water therefrom is unfit for human consumption, and the sanitary authority shall comply with any such direction.
num: 32
paragraphs: —(1) For the purpose of protecting individuals from levels of activity in food in circumstances where specified levels of activity have been or are likely to be exceeded—
(a) the Minister for Agriculture and Food, after consultation with the Minister, the Minister for Health, the Minister for Finance and the Institute, may make regulations designating an area (in this section referred to as a “designated area”) to be an area in which specified levels of activity have been exceeded or are likely to be exceeded and regulating in that area agricultural activities including harvesting, slaughtering, animal feeding and related activities including production and processing of food and, without prejudice to the generality of the aforesaid, regulating—
(i) the movement of any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, litter, dung or any food within, into or out of a designated area,
(ii) the sale of any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, litter, dung or any food originating in a designated area, or
(iii) the production, movement or sale of bottled water;
(b) the Minister for Agriculture and Food, after consultation with the Minister, the Minister for Finance, the Minister for Health and the Institute, may make regulations regulating—
(i) the harvesting of crops,
(ii) the slaughter of animals, fauna or poultry,
(iii) the feeding to any animals, fauna or poultry of any feeding stuff—
(I) that was grown, prepared or processed in a designated area or in contravention of a regulation made under this section, or
(II) that was taken from a designated area after a time specified in a regulation made under this section,
(iv) the sale in the State, the importation into the State or the exportation from the State of any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, bottled water, food, litter or dung, or
(v) generally any matter, in relation to animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, dung, litter, food, bottled water, the production or processing of food or the production of bottled water as he may think expedient for the protection of individuals;
(c) the Minister for the Marine, after consultation with the Minister, the Minister for Health and the Institute, may make regulations designating an area (in this section referred to as a “specified area”) to be an area in which specified levels of activity have been exceeded or may be exceeded and regulating in that area fishing and aquaculture activities, the preparation, treatment and marketing of fish and fishery products and seaweed harvesting and, without prejudice to the generality of the aforesaid, regulating—
(i) the taking of fish, the fishing for fish or the movement of fish or seaweed within, into or out of a specified area,
(ii) the landing of fish which were taken from waters in a specified area, or
(iii) the sale of fish, fishery products or seaweed taken from a specified area;
(d) the Minister for the Marine, after consultation with the Minister, the Minister for Health and the Institute, may make regulations regulating—
(i) the taking of fish or the fishing for fish,
(ii) the harvesting of seaweed,
(iii) the sale in the State, the importation into the State or the exportation from the State of fish, fishery products or seaweed,
(iv) the preparation, treatment, processing and marketing of fish and fishery products whether or not such fish or fishery products are intended for human consumption, or
(v) generally any matter in relation to fish, seaweed or aquaculture activities as he may think expedient for the protection of individuals;
(e) the Minister for Finance, after consultation with the Minister, the Minister for Health, the Minister for Agriculture and Food and the Institute, may make regulations regulating—
(i) the taking of fauna or the hunting for fauna,
(ii) the sale of any fauna,
(iii) generally any matter in relation to fauna as he may think expedient for the protection of individuals; and
(f) the Minister for Health, after consultation with the Minister, the Minister for Agriculture and Food and the Institute, may make regulations regulating the importation into or the exportation from the State of any food.
(2) Where there is or there is likely to be a radiological emergency—
(a) the Minister for Agriculture and Food, after consultation with the Minister and the Institute, may make an order acquiring compulsorily any animals, fauna, poultry, eggs, crops, carcases, feeding stuffs, bottled water or any food, and
(b) the Minister for the Marine, after consultation with the Minister and the Institute, may make an order acquiring compulsorily any fish, seaweed or fishery products.
num: 33
paragraphs: —(1) The Minister for Agriculture and Food may cause to be slaughtered any animals, fauna or poultry affected by levels of activity which exceed the specified levels and may cause the carcases of the said animals, fauna or poultry to be disposed of as he thinks fit.
(2) The Minister for Agriculture and Food may cause to be destroyed any eggs, crops, carcases, feeding stuffs, bottled water or other food affected by levels of activity which exceed the specified levels and may cause the ashes or other remains of the eggs, crops, carcases, feeding stuffs, bottled water or food so destroyed to be disposed of as he thinks fit.
(3) The Minister for the Marine may cause to be destroyed any fish, fishery products or seaweed affected by levels of activity which exceed the specified levels and may cause such destroyed fish, fishery products or seaweed to be disposed of as he thinks fit.
(4) The Minister for Finance may cause to be destroyed any fauna affected by levels of activity which exceed the specified levels and may cause such fauna so destroyed to be disposed of as he thinks fit.
num: 34
paragraphs: —(1) Where there has been the theft of, or the threat of theft of, or an accident or loss involving any radioactive substance, nuclear device or irradiating apparatus held, used, manufactured, imported, distributed, transported or exported under a licence issued under this Act, the licensee shall—
(a) send forthwith notice of the said theft or threat of theft, accident or loss to the Institute and as soon as practicable thereafter send written notice to the Institute giving particulars of the said theft, threat of theft, accident or loss, and
(b) provide the Institute with such information on the said theft, threat of theft, accident or loss as the Institute may require in order to take appropriate action.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
num: 35
paragraphs: —(1) The Minister for Foreign Affairs may by order designate the countries which are parties to the Protection Convention.
(2) The Minister for Foreign Affairs may by order amend or revoke an order under this section including an order under this subsection.
(3) An order under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas.
num: 36
paragraphs: —(1) A person shall not disclose any confidential information that becomes available to him—
(a) by virtue of the provisions of the Protection Convention,
(b) pursuant to the Notification Convention, in connection with the notification of a nuclear accident or relevant to minimising its radiological consequences,
(c) arising out of the provision of assistance under the Assistance Convention either—
(i) when the assistance is being provided to or in another state, on behalf of the State, or
(ii) when the assistance is being provided to or in the State on behalf of another state or an international organisation, or
(d) while performing (or as a result of having performed) duties as a member of the Institute, or member of its staff, or as an advisor or consultant to the Institute,
unless he is duly authorised to do so.
(2) A person who contravenes a provision of subsection (1) of this section shall be guilty of an offence.
(3) In subsection (1) of this section—
“confidential” means that which is expressed to be confidential either as regards particular information or as regards information of a particular class or description;
“duly authorised” means authorised by a Minister of the Government, by a person authorised in that behalf by that Minister, by the Institute or by a person authorised in that behalf by the Institute.
num: 37
paragraphs: —(1) A certificate of the Minister stating that equipment, property or other materials being sent to, from or through the State for the purposes of assistance pursuant to the Assistance Convention shall be accepted by the Revenue Commissioners so as to exempt such equipment, property or materials from any tax or custom charges and render them immune from seizure, attachment or requisition.
(2) On the issue of a certificate under subsection (1) of this section the said equipment, property or materials shall be imported, exported or otherwise transported, as the case may be, without undue delay.
num: 38
paragraphs: —(1) A person who—
(a) possesses, uses, transfers, alters, disposes or disperses nuclear material in such a manner so as to cause or be likely to cause death or serious injury to any person, or substantial damage to property, or
(b) steals nuclear material, or
(c) embezzles or fraudulently obtains nuclear material, or
(d) does any act constituting an unlawful demand for nuclear material, by the threat of the use of force, by the use of force, or by a threat of any kind, or
(e) threatens—
(i) to use nuclear material to cause death or serious injury to any person or substantial property damage,
(ii) to commit an offence under paragraph (b) of this subsection in order to compel any person, an international organisation or state to do or to refrain from doing any act,
shall be guilty of an offence.
(2) If a person, whether an Irish citizen or not, does in a convention country an act which if he had done it in the State, would have constituted an offence under subsection (1) of this section, he shall be guilty of the offence which the act would have constituted if he had done it in the State.
(3) If a person who is a national of a convention country or an Irish citizen does outside the State or a convention country an act which if he had done it in the State would have constituted an offence under subsection (1) of this section, he shall be guilty of the offence which the act would have constituted if he had done it in the State.
(4) A member of the Garda SÃ­ochÃ¡na may arrest without warrant any person whom he suspects has committed or is committing an offence under this section.
(5) For the purpose of investigating offences under this section, a member of the Garda SÃ­ochÃ¡na may demand names and addresses and proof of identity from any persons he reasonably suspects of having committed or being involved in the act of committing an offence under this section.
(6) (a) For the purposes of this section, any act done on board a ship, aircraft or hovercraft, when it is in or over the State or the territory of a convention country, shall be treated as done in the State or that country and any act done on board a ship, aircraft or hovercraft registered in the State or a convention country shall be treated as done in the State or that country and in the convention country (if any) in or over whose territory it is done.
(b) In paragraph (a) of this subsection “territory” includes territorial seas.
(7) This section shall apply only to acts done after the commencement of this Act.
(8) In this section—
“act” includes omission;
“steals” has the meaning assigned to it by section 1 of the Larceny Act, 1916 .
num: 39
paragraphs: —(1) Proceedings for an offence under section 38 of this Act which is an offence by virtue of subsection (2) or (3) of the said section may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.
(2) Where a person is charged with an offence under section 38 (1) of this Act, no further proceedings (other than a remand in custody or bail) shall be taken except by or with the consent of the Director of Public Prosecutions.
(3) The Director of Public Prosecutions shall not take, or consent to the taking of, further proceedings such as are mentioned in subsection (2) of this section in respect of an offence involving an act referred to in section 38 (1) of this Act unless it appears to him that—
(a) a convention country in relation to which Part II of the Extradition Act, 1965 , applies has made a request under that Part for the surrender of the person concerned for the purpose of trying him for an offence in respect of the act in question and the request has been finally refused (whether as the result of a decision of a court or otherwise), or
(b) a warrant has been issued by a judicial authority in a place in relation to which Part III of the Extradition Act, 1965 , applies for the arrest of the person concerned for the purpose of trying him for an offence in respect of the act in question and it has been finally determined (whether as a result of a decision of a court or otherwise) that the warrant should not be endorsed for execution in the State under that Part or that the person concerned should not be delivered up in accordance with the warrant, or
(c) because of special circumstances (which may include the likelihood of a refusal such as is mentioned in paragraph (a) of this subsection or of a determination such as is mentioned in paragraph (b) of this subsection) it is expedient that proceedings should be taken against the person concerned for an offence under the law of the State in respect of the act in question.
(4) No proceedings shall be taken under section 38 of the Extradition Act, 1965 , in respect of an act that constitutes an offence by virtue of that section and also an offence referred to in subsection (1) of this section.
(5) Subsection (3) of this section shall not apply to proceedings against an Irish citizen or to proceedings in respect of an offence alleged to have been committed in the State.
num: 40
paragraphs: —(1) A person who contravenes a provision of an order made under section 30 or a regulation or order made under section 32 of this Act shall be guilty of an offence under this Act.
(2) A person who is guilty of an offence under this Act shall be liable:
(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment,
(b) on conviction on indictment, other than for an offence under section 38 of this Act, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 10 years, or to both,
(c) on conviction on indictment for an offence under section 38 of this Act, to a fine not exceeding £1,000,000 or to imprisonment for life or other term decided by the court or to both, and
(d) in every case on conviction on indictment, to the forfeiture of the substance, device or apparatus in respect of which the offence was committed.
(3) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person being a director, manager, secretary, member of the committee of management or other controlling authority of any such body, or being any other similar officer of any such body, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
num: 41
paragraphs: —(1) A summary offence under an order made under section 30 of this Act may be prosecuted by the Minister or the Institute.
(2) A summary offence under a regulation made under section 32 (1) (a) or (b) of this Act may be prosecuted by the Minister for Agriculture and Food.
(3) A summary offence under a regulation made under section 32 (1) (c) or (d) of this Act may be prosecuted by the Minister for the Marine.
(4) A summary offence under a regulation made under section 32 (1) (e) of this Act may be prosecuted by the Minister for Finance.
(5) A summary offence under a regulation made under section 32 (1) (f) of this Act may be prosecuted by the Minister for Health.
(6) A summary offence under section 29 of this Act in relation to an offence concerning an inspector may be brought by the Minister who appointed that inspector or by the Institute if the Institute appointed that inspector.
num: 42
paragraphs: —(1) The Minister may, after consultation with such other Ministers of the Government and other persons as he considers appropriate, pay compensation in respect of—
(a) death of or injury to a person providing assistance to the State on behalf of a requested state or organisation in accordance with the Assistance Convention, or
(b) loss of or damage to non-consumable equipment or materials related to the assistance,
except in cases of wilful misconduct by the persons who caused the death, injury, loss or damage.
(2) In the event of—
(a) death of or injury to a person providing assistance to another state on behalf of the State in accordance with the Assistance Convention, or
(b) loss of or damage to non-consumable equipment or materials related to the assistance,
except in cases of wilful misconduct by the persons who caused the death, injury, loss or damage, the Minister may pay compensation unless the requesting state concerned pays such compensation or indicates its intention to pay compensation for such death, injury, loss or damage.
(3) Where the Minister pays compensation under subsection (2) of this section he shall, in consultation with the Minister for Foreign Affairs, lodge claims with the requesting state concerned for reimbursement of the cost of such compensation.
num: 43
paragraphs: —(1) The Nuclear Energy (An Bord Fuinnimh NÃºiclÃ©igh) Act, 1971 , on the establishment day, shall stand repealed.
num: 44
paragraphs: —Notwithstanding the repeal of section 6 of the Nuclear Energy (An Bord Fuinnimh NÃºiclÃ©igh) Act, 1971 , any order made under section 6 of that Act shall remain in force and may be amended or revoked as if made under section 30 of this Act.
num: 45
paragraphs: —The Health Act, 1953 , is hereby amended—
(a) by the insertion after “may” in section 59 (4) of “, after consultation with the Radiological Protection Institute of Ireland,”,
(b) by the insertion before “radio-active” and “irradiating apparatus” in section 59 (4) (a) of “medical”,
(c) by the deletion of section 59 (4) (b), and
(d) by the insertion after section 59 (5) (a) (v) of the following—
“(vi) by members of the staff of the Radiological Protection Institute of Ireland,”.
num: 46
paragraphs: —The Factories Act, 1955 , is hereby amended by the insertion in section 71 (1) after “Minister for Health” of “(or, where a process of manufacture involves the use of radioactive substances or nuclear devices (within the meaning of the Radiological Protection Act, 1991) or irradiating apparatus, after consultation with the Radiological Protection Institute of Ireland)”.
num: 47
paragraphs: — Section 12 of the Finance Act, 1895 , shall not apply to the vesting in the Institute of any property or rights transferred by this Act.