RADIOLOGICAL PROTECTION ACT 1991 (NUCLEAR SAFETY) ORDER 2011
Source: Iris Oifigiúl 2011-07-26

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paragraphs: This Order may be cited as the Radiological Protection Act, 1991 (Nuclear Safety) Order 2011.
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paragraphs: This Order comes into operation on 22 July 2011.
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paragraphs: (1) In this Order—
(a) an enrichment plant, nuclear fuel fabrication plant, nuclear power plant, reprocessing plant, research reactor facility, spent fuel storage facility and
(b) storage facilities for radioactive waste that are on the same site and are directly related to nuclear installations listed under point (a);
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) This Order applies to any civilian nuclear installation operating under a licence and at all stages covered by the licence.
(2) The application of this order is without prejudice to the provisions of the Electricity Regulation Act 1999 (No. 23 of 1999) and in particular Section 18(6).
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paragraphs: (1) The Institute is the competent authority in the State to carry out tasks in accordance with this Order and the Directive, in accordance with Article 5 of the Directive.
(2) The Institute shall have assigned to it the general functions to promote the continuous improvement of nuclear safety and its regulation for the purpose of this Order and the Directive.
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paragraphs: (1) The Institute shall, where appropriate, establish and maintain a national, regulatory and organisational framework for nuclear safety of nuclear installations, which shall include the following:
(a) The adoption of national nuclear safety requirements;
(b) The provision of a system of licensing and prohibition of operation of nuclear installations without a licence;
(c) The provision of a system of nuclear safety supervision; and
(d) Enforcement actions, including suspension of operation and modification or revocation of a licence.
(2) The Institute shall ensure that the national framework is maintained and improved when appropriate.
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paragraphs: The power of an Inspector under Section 29 of the Principal Act shall apply mutatis mutandi to nuclear installations.
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paragraphs: (1) If an inspector is of the opinion that a licensee has contravened or is contravening a provision of this Order, the inspector may serve on the licensee a notice in writing (in this Order referred to as “an enforcement notice”) requiring it to do or not to do such things as are specified in the notice for the purpose of ensuring compliance with the provision concerned.
(2) Without prejudice to paragraph (1), an enforcement notice shall-
(a) state that the inspector is of the said opinion, and
(b) specify the provision or provisions which have been, or are being, contravened, and
(c) require the licensee concerned to
(i) cease the carrying on of the practice or work activity concerned, and/or
(ii) mitigate or remedy any effects of the contravention concerned.
(3) A licensee served with an enforcement notice shall comply with an enforcement notice.
(4) Without prejudice to paragraphs (7) and (8), an enforcement notice shall take effect—
(a) if the notice so provides, immediately upon its being received by the licensee concerned,
(b) in any other case on the expiration of the period referred to in paragraph (5) or any day specified in the notice as being the day on which it is to take effect, whichever is the later.
(5) A licensee on whom an enforcement notice is served, may within the period of 14 days beginning on the day on which the notice is served on it, appeal to the appropriate judge of the District Court against the notice.
(6) On the hearing of an appeal under paragraph (5) the court may, as it thinks proper,
(a) confirm the notice unconditionally,
(b) make such modifications to the notice as it considers appropriate and confirm this notice, as so modified, or
(c) cancel the notice.
(7) Notwithstanding that it has been confirmed under paragraph (6), the appropriate judge of the District Court may, on the hearing of the appeal under paragraph (5) in relation to it, if the licensee concerned makes an application to him or her in that behalf, suspend the operation of an enforcement notice for such period as in the circumstances of the case he or she considers appropriate, and such suspension may be with or without conditions.
(8) The making of an appeal under paragraph (5) shall not have the effect of suspending the operation of the enforcement notice concerned but the licensee concerned may apply to the appropriate judge of the District Court for an order suspending the operation of the notice until the conclusion of the appeal and the court may, on the hearing of such an application, grant or refuse to grant such an order and any such suspension may be with or without conditions.
(9) An inspector may cancel an enforcement notice served under this Article (other than such a notice that has been confirmed under paragraph (6)).
(10) An inspector may apply to the appropriate judge of the District Court for an order cancelling an enforcement notice that has been confirmed under paragraph (6) and the court shall, on the hearing of the application, unless it sees good reason to the contrary, grant such an order.
(11) In this Article “appropriate judge of the District Court” means the judge of the District Court for the District Court district in which the enforcement order concerned was served.
(12) Where an enforcement notice has been served and is in effect and the licensee concerned has not complied with the notice, the High Court may, on the application of the inspector, by order direct the licensee concerned to comply with the notice.
(13) An application to the High Court under paragraph (12) shall be by motion of the Court and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under paragraph (12) is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
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paragraphs: The Institute shall report to the Minister and the European Commission on the implementation of the Directive as required.