Radiological Protection (Miscellaneous Provisions) Act 2014
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: (1) This Act may be cited as the Radiological Protection (Miscellaneous Provisions) Act 2014.
(2) The Radiological Protection Acts 1991 to 2002 and this Act may be cited together as the Radiological Protection Acts 1991 to 2014.
(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions and for the repeal of different provisions of the Act of 1991 effected by section 3 .
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paragraphs: In this Act—
“Act of 1991” means the Radiological Protection Act 1991 ;
“Act of 1992” means the Environmental Protection Agency Act 1992 ;
“Agency” means the Environmental Protection Agency;
“dissolution day” means the day appointed under section 4 ;
“dissolved body” has the meaning assigned to it by section 5 ;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“Minister” means the Minister for the Environment, Community and Local Government.
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paragraphs: The following provisions of the Act of 1991 are repealed:
(a) Part II, other than sections 7, 8 and 9, and
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paragraphs: The Minister may, by order, appoint a day to be the dissolution day for the purposes of this Act.
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paragraphs: On the dissolution day, the Radiological Protection Institute of Ireland (in this Act referred to as the “dissolved body”) shall stand dissolved.
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paragraphs: (1) All functions that, immediately before the dissolution day, were vested in the dissolved body by or under any enactment shall on that day stand transferred to the Agency.
(2) References in any enactment (other than this Act) passed before the dissolution day, or in any instrument made before the dissolution day under an enactment, to the Radiological Protection Institute of Ireland shall, on and after the dissolution day, be construed as references to the Agency.
(3) References in any enactment or in any instrument under an enactment that, immediately before the dissolution day, were to be construed as references to the Radiological Protection Institute of Ireland shall, on and after the dissolution day, be construed as references to the Agency.
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paragraphs: (1) On the dissolution day, all lands that, immediately before that day, were vested in the dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Agency for all the estate or interest therein that, immediately before the dissolution day, was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.
(2) On the dissolution day, all property (other than land), including choses-in-action, that immediately before that day, was vested in the dissolved body shall stand vested in the Agency without any assignment.
(3) Every chose-in-action vested in the Agency by virtue of subsection (2) may, on and after the dissolution day, be sued on, recovered or enforced by the Agency in its name, and it shall not be necessary for the Agency, or the dissolved body, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
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paragraphs: (1) All rights and liabilities of the dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall on that day stand transferred to the Agency.
(2) Every right and liability transferred by subsection (1) to the Agency may, on and after the dissolution day, be sued on, recovered or enforced by or against the Agency in its name, and it shall not be necessary for the Agency or the dissolved body to give notice to any person of the transfer of any such right or liability.
(3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in the Agency by or under this Act, and in force immediately before the dissolution day, shall continue in force on and after that day as if granted by the Agency.
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paragraphs: (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the dissolution day, of the functions transferred to the Agency by this Act shall, on and after that day, lie against the Agency and not against the dissolved body.
(2) Any legal proceedings pending immediately before the dissolution day, to which the dissolved body is a party, that relate to a function of the dissolved body transferred by this Act, shall be continued on and after that day, with the substitution in the proceedings of the Agency, in so far as they so relate, for the dissolved body.
(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the dissolution day, in so far as they are enforceable against the dissolved body, be enforceable against the Agency and not the dissolved body.
(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, on and after that day, where the claim relates to functions transferred to the Agency by this Act, be regarded as having been made by or proper to be made by the Agency and may be pursued and sued for by the Agency as if the loss or injury had been suffered by the Agency.
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paragraphs: (1) Anything commenced and not completed before the dissolution day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to the Agency by section 6 , be carried on or completed on or after the dissolution day by the Agency.
(2) Every instrument made under an enactment and every document (including any certificate) granted or made by the dissolved body shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Agency.
(3) References to the Radiological Protection Institute of Ireland in the memorandum or articles of association of any company and relating to a function transferred by section 6 shall, on and after the dissolution day, be construed as references to the Agency.
(4) Any money, stocks, shares or securities transferred by section 7 that, immediately before the dissolution day, were standing in the name of the dissolved body shall, on and after that day, on the request of the Agency, be transferred into its name.
(5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Agency under section 7 or 8 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.
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paragraphs: (1) The Agency shall, in respect of the period specified under subsection (3) , prepare final accounts of the dissolved body.
(2) The Agency shall, not later than 6 months after the dissolution day, submit the final accounts of the dissolved body to the Comptroller and Auditor General for audit and shall, immediately after the audit, present a copy of the accounts and a copy of the Comptroller and Auditor General’s report on the accounts to the Minister who shall, as soon as practicable thereafter, cause copies of those accounts and that report to be laid before each House of the Oireachtas.
(3) For the purposes of subsection (1) , the Minister may specify a period that is longer or shorter than a financial year of the dissolved body.
(4) The Agency shall, not later than 12 months after the dissolution day, prepare and submit to the Minister the final report of the activities of the dissolved body and the Minister shall, as soon as practicable thereafter, cause a copy of the final report to be laid before each House of the Oireachtas.
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paragraphs: (1) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association, the Agency shall on the dissolution day accept into its employment each person who, immediately before that day, was a member of the staff of the dissolved body, on such terms and conditions of service relating to remuneration as are not less favourable to him or her than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.
(2) The terms and conditions to which a person is subject upon his or her becoming a member of the staff of the Agency in accordance with subsection (1) shall be deemed to have been determined by the Agency in accordance with section 29(2)(b) of the Act of 1992.
(3) In relation to persons transferred to the staff of the Agency under subsection (1) , previous service with the dissolved body shall be reckonable for the purposes of, but subject to any exclusions in, the Redundancy Payments Acts 1967 to 2012, the Protection of Employees (Part-Time Work) Act 2001 , the Organisation of Working Time Act 1997 , the Minimum Notice and Terms of Employment Acts 1973 to 2005, the Parental Leave Acts 1998 and 2006 and the Unfair Dismissals Acts 1977 to 2007.
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paragraphs: (1) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, the entitlement to any superannuation benefit of, or in respect of, a person who was accepted into the employment of the Agency in accordance with section 12 shall be determined, and the benefit shall be calculated and paid, by the Agency in accordance with such scheme, arrangements or enactments in relation to superannuation as applied to the person immediately before the dissolution day and, for that purpose, his or her pensionable service with the Agency shall be aggregated with his or her previous pensionable service.
(2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, the entitlement to any superannuation benefit of, or in respect of, a person who is a former member of the staff of the dissolved body or An Bord Fuinnimh NÃºiclÃ©igh (including those former members of staff of the dissolved body or An Bord Fuinnimh NÃºiclÃ©igh who are deceased) shall be determined, and the benefit shall be calculated and paid, by the Agency in accordance with such scheme, arrangements or enactments in relation to superannuation as applied in respect of the person immediately before the dissolution day.
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paragraphs: (1) Notwithstanding section 24 of the Act of 1992, the person standing appointed as the chief executive officer of the dissolved body immediately before the dissolution day shall, on that day, become a director of the Agency for a term ending not later than 30 April 2016, subject to the same terms and conditions (including terms and conditions in relation to remuneration and superannuation) as applied to that person immediately before the dissolution day.
(2) A person who becomes a director of the Agency under subsection (1) shall be paid out of moneys at the disposal of the Agency.
(3) Subsections (8), (10) and (12) of section 24 of the Act of 1992 shall apply to a person who becomes a director of the Agency under subsection (1) .
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paragraphs: (1) A licence, authorisation, consent, approval or certificate granted, given or issued by or on behalf of the dissolved body under—
(a) section 30 of the Act of 1991,
(b) section 52 of the Harbours Act 1996 ,
(c) the Carriage of Dangerous Goods by Road Act 1998 ,
(d) the Containment of Nuclear Weapons Act 2003 ,
(e) the Nuclear Test Ban Act 2008 , or
(f) regulations made under section 3 of the European Communities Act 1972,
and in force immediately before the dissolution day shall continue in force on and after that day as if granted, given or issued by the Agency for the period (if any) specified therein or, if earlier, until duly revoked, withdrawn or suspended by the Agency.
(2) An application made to the dissolved body before the dissolution day for a licence, an amendment of a licence or the renewal of a licence under an order or regulations made under section 30 of the Act of 1991 or under regulations made under section 3 of the European Communities Act 1972 shall, where the application was not determined by the dissolved body before the dissolution day, on and after that day be treated as an application to the Agency for a licence, an amendment of a licence or the renewal of a licence under that order or those regulations, as the case may be.
(3) An application for an authorisation or a request for consent made to the dissolved body before the dissolution day under the European Communities (Supervision and Control of Certain Shipments of Radioactive Waste and Spent Fuel) Order 2009 ( S.I. No. 86 of 2009 ) shall, where the application or request was not determined by the dissolved body before the dissolution day, on and after that day be treated as an application or request to the Agency for an authorisation or consent under those regulations.
(4) An application made to the dissolved body before the dissolution day for an approval or a certificate under the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ), shall, where the application was not determined by the dissolved body before the dissolution day, on and after that day, be treated as an application to the Agency for an approval or a certificate under those regulations.
(5) An application made to the dissolved body before the dissolution day for approval under the Radiological Protection Act 1991 (Ionising Radiation) Order 2000 ( S.I. No. 125 of 2000 ) shall, where the application was not determined by the dissolved body before the dissolution day, on and after that day be treated as an application to the Agency for an approval under that order.
(6) A code of practice prepared and issued by the dissolved body before the dissolution day under section 8(f) of the Act of 1991 shall, where it was in effect immediately before the dissolution day, remain in effect on and after that day as if prepared and published by the Agency under that section of that Act as amended by section 16 .
(7) The register of services maintained by the dissolved body under Article 24 of the Radiological Protection Act 1991 (Ionising Radiation) Order 2000 ( S.I. No. 125 of 2000 ) shall, on and after the dissolution day, continue to be maintained by the Agency and a dosimetry service that, immediately before the dissolution day, stands entered on that register shall, on and after the dissolution day, remain on that register in accordance with that Order.
(8) Every charge determined before the dissolution day by the dissolved body under section 10 of the Act of 1991 shall, where it was in operation immediately before the dissolution day, have effect on and after that day as if it had been determined by the Agency under section 49 of the Act of 1992.
(9) A person standing appointed immediately before the dissolution day—
(a) as an inspector under—
(i) section 28 of the Act of 1991,
(ii) section 6 of the Carriage of Dangerous Goods by Road Act 1998 ,
(iii) section 5 of the Radiological Protection (Amendment) Act 2002 ,
(iv) regulation 22 of the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ), or
(v) regulation 11 of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ),
(b) as an authorised officer under section 6 of the Containment of Nuclear Weapons Act 2003 or section 8 of the Nuclear Test Ban Act 2008 ,
(c) under regulation 4(5) of the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ),
(d) as an inspection body under regulation 9(4) of the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ),
(e) as an examination body under regulation 15(12) of the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ),
(f) under regulation 10(3) of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ), or
(g) under regulation 10(10)(a) of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ),
shall, on and after the dissolution day, continue to stand so appointed for the unexpired period (if any) to which the appointment relates or, if earlier, until the appointment is duly revoked.
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paragraphs: Section 8 of the Act of 1991 is amended in paragraph (f) by the substitution of “to prepare and publish, in accordance with section 76 of the Environmental Protection Agency Act 1992 , codes of practice” for “to prepare and issue codes of practice”.
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paragraphs: Section 9 of the Act of 1991 is amended—
(a) in subsection (1)(a) by the insertion of “relating to radiological protection and” after “such additional functions”, and
(b) by the insertion of the following subsection after subsection (5):
“(6) In this section, ‘radiological protection’ has the meaning assigned to it by section 3 of the Environmental Protection Agency Act 1992 .”.
num: 18
paragraphs: Subsection (1) of section 36 of the Act of 1991 is amended—
(a) in paragraph (b) by the insertion of “or” after “consequences,”,
(b) in paragraph (c)(ii) by the deletion of “or”, and
(c) by the deletion of paragraph (d).
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paragraphs: Section 3 of the Act of 1992 is amended by the insertion of the following definitions:
“ ‘ionising radiation’ has the same meaning as it has in the Radiological Protection Act 1991 ;
‘radiological protection’ means the prevention, limitation, elimination, abatement or reduction of the harmful effects of ionising radiation;”.
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paragraphs: Section 16 of the Act of 1992 is amended—
(a) by the substitution of “authorised person or inspector” for “authorised person” in each place where it occurs, and
(b) by the substitution of “of the Agency” for “appointed by the Agency”.
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paragraphs: Section 19 of the Act of 1992 is amended by the substitution of the following subsection for subsection (3):
“(3) The Agency shall consist of a Director General and five other Directors.”.
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paragraphs: Section 21 of the Act of 1992 is amended—
(a) in subsection (2) by the insertion of the following paragraph:
“(g) such person having relevant experience in relation to radiological protection as the Minister shall appoint.”,
and
(b) by the deletion of subsection (6).
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paragraphs: Section 24 of the Act of 1992 is amended in paragraph (b) of subsection (3) by the insertion of “or radiological protection matters” after “environmental matters”.
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paragraphs: Section 25 of the Act of 1992 is amended in paragraph (b) of subsection (6) by the insertion of “(other than a licence or revised licence under section 30 of the Radiological Protection Act 1991 or under regulations relating to radiological protection made under section 3 of the European Communities Act 1972 )” after “revised licence”.
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paragraphs: Section 27 of the Act of 1992 is amended in subsection (5) —
(a) in paragraph (a) by the insertion of “or radiological protection” after “environmental protection”,
(b) in paragraph (b) by the insertion of “or radiological protection” after “environmental protection”, and
(c) in paragraph (e) by the substitution of “education or research relating to environmental matters or radiological protection” for “environmental education or research”.
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paragraphs: Section 28 of the Act of 1992 is amended—
(a) in subsection (2) —
(i) in subparagraph (iv) of paragraph (a) by the insertion of “or radiological protection” after “environmental protection”,
(ii) in subparagraph (vii) of paragraph (a) by the insertion of “or radiological protection” after “environmental protection”, and
(iii) in subparagraph (iv) of paragraph (b) by the insertion of “or matters relating to radiological protection” after “environmental matters”,
and
(b) in subsection (3) by the insertion of “or radiological protection” after “environmental protection”.
num: 27
paragraphs: Section 45(1) of the Act of 1992 is amended in paragraph (a) by the insertion of “relating to environmental protection” after “any function or any service”.
num: 28
paragraphs: Section 53 of the Act of 1992 is amended—
(a) in subsection (1) by the insertion of “in relation to environmental protection” after “such additional functions”, and
(b) in subsection (3) by the insertion of “in relation to environmental protection” after “supplementary functions”.
num: 29
paragraphs: Section 55 of the Act of 1992 is amended—
(a) in subsection (1) by the insertion of “or radiological protection” after “environmental protection”,
(b) in subsection (2)(a) —
(i) in subparagraph (i) by the insertion of “or radiological protection” after “environmental protection”,
(ii) in subparagraph (ii) by the insertion of “or radiological protection” after “environmental protection”,
(iii) in subparagraph (iii) by the insertion of “or radiological protection” after “environmental protection”,
(iv) in subparagraph (iv) by the insertion of “or radiological protection” after “environmental protection”,
(v) in subparagraph (v) by the substitution of “issues or problems relating to environmental matters or radiological protection” for “environmental issues or problems”,
and
(c) in subsection (4) by the insertion of “or radiological protection” after “environmental protection”.
num: 30
paragraphs: Section 66 of the Act of 1992 is amended—
(a) in subsection (1)(a) by the insertion of “or radiological” after “environmental”, and
(b) in subsection (2) —
(i) by the insertion of “or radiological” after “environmental”, and
(ii) by the substitution of “of the Agency” for “under this Act”.
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paragraphs: Section 76 of the Act of 1992 is amended in subsection (1)(b) by the insertion of “or radiological protection, in particular matters referred to in section 8 (f) of the Radiological Protection Act 1991 ” after “environmental protection”.
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paragraphs: Section 79 of the Act of 1992 is amended in subsection (1) by the insertion of “or radiological protection” after “environmental protection”.
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paragraphs: Section 4 of the Dumping At Sea Act 1996 is amended by the deletion of subsections (3) and (4).
num: 34
paragraphs: (1) The European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ) are amended by the deletion of “the Radiological Protection Institute of Ireland” from the First Schedule.
num: 35
paragraphs: Section 2 of the Act of 1991 is amended by—
(a) the substitution of the following definition for the definition of “nuclear material”:
“ ‘nuclear material’ means—
(a) plutonium, except that with isotopic concentration exceeding 80 per cent in plutonium-238,
(b) uranium-233,
(c) uranium enriched in the isotope 235 or 233,
(d) uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue, or
(e) any material containing one or more of the foregoing,
that is not being used or intended to be used for the security or defence of the State or of any other state;”,
(b) the substitution of the following definition for the definition of “the Protection Convention”:
num: 36
paragraphs: Section 8 of the Act of 1991 is amended by the substitution of the following paragraph for paragraph (a):
“(a) to exchange information and to co-operate with—
(i) the relevant authorities of other states, and
(ii) international organisations concerned with the physical protection of nuclear material and nuclear facilities,
in relation to the protection of nuclear material and nuclear facilities and related matters, including in particular where there has been a theft of or the threat of the theft of nuclear material or the sabotage of or the threat of sabotage of nuclear facilities,”.
num: 37
paragraphs: Section 27 of the Act of 1991 is amended in subsection (1) by the substitution of the following paragraph for paragraph (c):
“(c) the competent authority for the purposes of Article 2A(2) (b) of the Protection Convention.”.
num: 38
paragraphs: Section 29 of the Act of 1991 is amended in subsection (3) by the substitution of the following paragraph for paragraph (b):
“(b) to take with him a member of the Garda SÃ­ochÃ¡na—
(i) if he has reasonable grounds to apprehend any obstruction in the execution of his duties; or
(ii) to assist in carrying out an inspection under subsection (7) of section 34B;”.
num: 39
paragraphs: Section 30 of the Act of 1991 is amended—
(a) in subsection (4) by the substitution of “Subject to subsections (4B) to (4E), a licence granted pursuant to an order made under this section” for “A licence granted pursuant to an order made under this section”, and
(b) by the insertion of the following subsections after subsection (4A):
“(4B) A nuclear facility licence shall be subject to such conditions as the Institute may attach to it specifying requirements for the purpose of the prevention of—
(i) the sabotage of the nuclear facility in respect of which the licence is granted; and
(ii) the theft and unlawful obtaining of nuclear material from that nuclear facility.
(4C) A nuclear material licence shall be subject to such conditions as the Institute may attach to it specifying requirements for the purposes of the prevention of sabotage, theft or unlawful obtaining of the nuclear material in respect of which the licence is granted during the use, storage or transportation of that nuclear material.
(4D) In determining the conditions referred to in subsections (4B) and (4C), the Institute shall take account of the latest guidelines and standards relating to the physical protection of nuclear material and nuclear facilities issued by relevant international bodies.
(4E) (a) The Minister may, after consultation with the Institute, by order specify such class or classes of nuclear material or defined quantities (by mass) of nuclear material in relation to which a nuclear material licence shall not be subject to conditions specifying requirements for the purposes of the prevention during use, storage or transportation of the sabotage, theft and unlawful obtaining of such nuclear material.
(b) The Minister shall, in making an order under this subsection, take into account—
(i) the nature of the nuclear material being specified,
(ii) the quantity of the nuclear material being specified,
(iii) the potential for harmful radiological effects to a person, property or the environment should the nuclear material being specified be used for the purposes of, or in connection with, the commission of an offence, and
(iv) the current assessment by the Institute, in consultation, as necessary, with the Garda SÃ­ochÃ¡na and any other authority the Institute considers appropriate, of the threat of the theft of the nuclear material being specified.
(c) A nuclear material licence relating to nuclear material specified by order under this subsection shall be subject to such conditions, as the Institute may attach to it, other than conditions specifying requirements for the purposes of the prevention during use, storage or transportation of the sabotage, theft and unlawful obtaining of such nuclear material.
(d) Any nuclear material specified by order under this subsection shall be protected by the licence holder in accordance with codes of practice, safety guidelines and recommendations relating to that nuclear material issued by the Institute.”.
num: 40
paragraphs: The Act of 1991 is amended by the insertion of the following sections after section 34:
“Contingency plans
34A. (1) The Institute shall, from time to time, prepare plans (in this section referred to as ‘contingency plans’) setting out the procedures to be implemented in the event that there is a theft of or an accident or loss involving any nuclear material in or over the State.
(2) The Institute may amend or revoke a contingency plan.
(3) The Institute shall consult with the Minister prior to the preparation, amendment or revocation of a contingency plan.
(4) The Institute may, prior to the preparation, amendment or revocation of a contingency plan, consult with the Minister for Defence, the Minister for Justice and Equality, the Minister for Health or such other Ministers of the Government or persons as the Institute considers appropriate.
(5) A licence holder shall, if so directed by the Institute, furnish to the Institute such information as the Institute may require for the purposes of the preparation of a contingency plan.
(6) It shall be a condition of a nuclear facility licence and of a nuclear material licence that the licence holder shall assist and co-operate with the Institute in the implementation of a contingency plan.
Quality assurance
34B. (1) The Institute shall, following consultation with the Minister, formulate specifications (in this section referred to as ‘standard specifications’) for measures to prevent—
(a) the theft, unlawful obtaining or intentional dispersal of nuclear material, and
(b) the sabotage of nuclear facilities.
(2) The Institute may revoke or amend a standard specification.
(3) In formulating, revoking or amending a standard specification, the Institute shall take account of the latest guidelines and standards relating to the physical protection of nuclear material and nuclear facilities issued by relevant international bodies.
(4) In formulating, revoking or amending a standard specification for the purposes of paragraph (a) of subsection (1), the Institute shall take account of—
(a) the nature of the nuclear material to which the standard specification relates,
(b) the quantity of the nuclear material to which the standard specification relates,
(c) the potential for harmful radiological effects to a person, property or the environment should nuclear material to which the standard specification relates be used for the purposes of, or in connection with, the commission of an offence, and
(d) the current assessment by the Institute, in consultation, as necessary, with the Garda SÃ­ochÃ¡na and any other authority the Institute considers appropriate, of the threat of the theft of nuclear material to which the standard specification relates.
(5) In formulating, revoking or amending a standard specification for the purposes of paragraph (b) of subsection (1), the Institute shall take account of—
(a) the nature of the nuclear facilities to which the standard specification relates,
(b) the potential for harmful radiological effects to a person, property or the environment should a nuclear facility to which the standard specification relates be damaged or its operation be interfered with, and
(c) the current assessment by the Institute, in consultation, as necessary, with the Garda SÃ­ochÃ¡na and any other authority the Institute considers appropriate, of the threat of a nuclear facility to which the standard specification relates being damaged or its operation being interfered with.
(6) It shall be a condition of a nuclear facility licence and of a nuclear material licence that the licence holder shall comply with all standard specifications applicable to the subject matter of the licence.
(7) The Institute shall carry out inspections of—
(a) nuclear facilities,
(b) the places at which nuclear materials are being used or stored, and
(c) vehicles being used to transport nuclear materials,
to verify compliance with standard specifications.
(8) Inspections of each nuclear facility and each place at which nuclear materials are being used or stored shall be carried out not less than once in every 12 month period.
(9) Inspections of vehicles being used to transport nuclear materials shall be carried out when the Institute considers it appropriate to do so, taking into account the latest guidelines and standards relating to the physical protection of nuclear material and nuclear facilities issued by relevant international bodies.
(10) The Institute may request the Garda SÃ­ochÃ¡na—
(a) to advise the Institute in relation to the verification of compliance with standard specifications, and
(b) to assist the Institute in carrying out an inspection under subsection (7).
(11) Where the Institute is satisfied following an inspection under subsection (7) that a licence holder is not in compliance with a standard specification, the Institute may issue a direction in writing to that licence holder specifying the remedial action required to comply with the requirements specified in the standard specification concerned and the timeframe for compliance with the direction.
(12) A licence holder shall comply with a direction under subsection (11) within such period as may be specified in the direction.
(13) Remedial action under subsection (11) may include similar, alternative or additional actions to be taken by the licence holder concerned to comply with the requirements specified in the standard specification concerned.
(14) A licence holder that is aggrieved by a direction issued under subsection (11) may, within the period of 30 days beginning on the day on which the direction is served on it, appeal to the High Court against the direction and, in determining the appeal, the judge may make any order he or she considers appropriate, including confirming the direction with or without modification, or cancelling the direction.
(15) A person who appeals under subsection (14) shall at the same time notify the Institute of the appeal and the grounds for the appeal and the Institute shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(16) Where an appeal under subsection (14) is taken, and the direction is not cancelled, the direction shall take effect on the later of—
(a) the day next following the day on which the direction is confirmed on appeal or the appeal is withdrawn, or
(b) the day specified in the direction.
(17) Where there is no appeal under subsection (14), the direction shall take effect on the later of—
(a) the end of the period for making an appeal, or
(b) the day specified in the direction.
(18) It shall be a condition of a nuclear facility licence and of a nuclear material licence that the licence holder shall comply with a direction issued to it under subsection (11).”.
num: 41
paragraphs: Section 36 of the Act of 1991 is amended by—
(a) the insertion of the following subsections after subsection (1):
“(1A) A person shall not disclose confidential information that is made available to the State by another state party to the Protection Convention by virtue of the provisions of that convention unless that state party has authorised that disclosure.
(1B) A person shall not disclose information relating to—
(a) any measure intended to prevent the theft, unlawful obtaining or unauthorised dispersal of nuclear material, or
(b) any measure intended to prevent the sabotage of nuclear facilities,
unless duly authorised or as required by law.”,
(b) the substitution of the following subsection for subsection (2):
“(2) A person who contravenes a provision of subsection (1), (1A) or (1B) shall be guilty of an offence.”,
and
(c) in subsection (3), the substitution of “In this section” for “In subsection (1) of this section”.
num: 42
paragraphs: Section 38 of the Act of 1991 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) a person who—
(a) receives, possesses, uses, transfers, alters, disposes of, disperses, discharges, emits or introduces nuclear material with the intention to cause—
(i) death or serious injury to any person,
(ii) substantial damage to property, or
(iii) damage to the environment,
or
(b) receives, possesses, uses, transfers, alters, disposes of, disperses, discharges, emits or introduces nuclear material and is reckless as to whether his or her receipt, possession, use, transfer, alteration, disposal, dispersal, discharge, emission or introduction of nuclear material could cause—
(i) death or serious injury to any person,
(ii) substantial damage to property, or
(iii) damage to the environment,
or
(c) steals nuclear material, or
(d) embezzles or fraudulently obtains nuclear material, or
(e) imports or exports nuclear material without lawful authority, or
(f) damages or interferes with the operation of a nuclear facility with the intention to cause—
(i) death or serious injury to any person,
(ii) substantial damage to property, or
(iii) damage to the environment,
by exposure to ionising radiation or by the release of radioactive substances, or
(g) damages or interferes with the operation of a nuclear facility and is reckless as to whether his or her damage to or interference with the operation of a nuclear facility could cause—
(i) death or serious injury to any person,
(ii) substantial damage to property, or
(iii) damage to the environment,
by exposure to ionising radiation or by the release of radioactive substances, or
(h) 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 threat of any kind, or
(i) threatens—
(i) to use nuclear material to cause death or serious injury to any person, or substantial damage to property or damage to the environment, or to commit any offence under paragraph (f), or
(ii) to commit an offence under paragraph (c), (f) or (g) in order to compel any person, an international organisation or state to do, or refrain from doing, any act,
shall be guilty of an offence.”,
and
(b) by the substitution in subsection (8) of the following definition for the definition of “steals”:
“‘steals’ has the same meaning as it has in the Act of 2001.”.
num: 43
paragraphs: Subsection (2) of section 40 of the Act of 1991 is amended—
(a) in paragraph (b) by the substitution of “€225,000” for “£100,000”, and
(b) in paragraph (c) by the substitution of “€2,250,000” for “£1,000,000”.
num: 44
paragraphs: Section 2 of the Act of 1991 is amended by the substitution of the following definition for the definition of “ionising radiation”:
“ ‘ionising radiation’ means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometers or less, or a frequency of 3 x 1015 Hertz or more, capable of producing ions directly or indirectly.”
num: 45
paragraphs: Section 7 of the Act of 1991 is amended by the insertion of the following subsections after subsection (3):
“(4) The Institute may have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances, nuclear devices or irradiating apparatus for any purpose in connection with a function conferred on the Institute by or under—
(a) paragraph (a) or (b) of subsection (1),
(b) subsection (2),
(c) section 29,
(d) section 6 of the Carriage of Dangerous Goods by Road Act 1998 ,
(e) section 7 of the Containment of Nuclear Weapons Act 2003 ,
(f) Regulation 22 of the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ), or
(g) Regulation 12 of the European Communities (Carriage of Dangerous Goods by Road and Use of Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ).
(5) The Institute shall not require a licence under section 30 to have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances, nuclear devices or irradiating apparatus for any purpose in connection with a function specified in subsection (4).
(6) Any custody, production, processing, handling, holding, storing, using, manufacture, import, distribution, transport, export or disposal by the Institute, prior to the commencement of section 45 of the Radiological Protection (Miscellaneous Provisions) Act 2014, of radioactive substances, nuclear devices or irradiating apparatus for any purpose in connection with a function specified in subsection (4) that would, but for this subsection, be invalid by reason only of a contravention of an order made under section 30 of this Act shall be, and shall be deemed always to have been, valid and effectual for all purposes.
(7) If subsection (6) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”.
num: 46
paragraphs: Section 3 of the Act of 1992 is amended by the insertion of the following definition:
“ ‘radioactive substance’ has the same meaning as it has in the Radiological Protection Act 1991 ;”.
num: 47
paragraphs: Section 52 of the Act of 1992 is amended by the insertion of the following subsections after subsection (2):
“(3) The Agency may have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances for any purpose in connection with its functions under paragraph (b) of subsection (1).
(4) The Agency shall not require a licence under section 30 of the Radiological Protection Act 1991 to have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances for any purpose in connection with its functions under paragraph (b) of subsection (1).
(5) Any custody, production, processing, handling, holding, storing, using, manufacture, import, distribution, transport, export or disposal by the Agency, prior to the commencement of section 47 of the Radiological Protection (Miscellaneous Provisions) Act 2014, of radioactive substances for any purpose in connection with its functions under paragraph (b) of subsection (1) that would, but for this subsection, be invalid by reason only of a contravention of an order made under section 30 of the Radiological Protection Act 1991 shall be, and shall be deemed always to have been, valid and effectual for all purposes.
(6) If subsection (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”.