S.I. No. 43/1991:

EUROPEAN COMMUNITIES (IONISING RADIATION) REGULATIONS, 1991.

EUROPEAN COMMUNITIES (IONISING RADIATION) REGULATIONS, 1991.

I, ROBERT MOLLOY, Minister for Energy, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Directive No. 80/836/Euratom⁽¹⁾ of 15th July, 1980, as amended by Council Directive 84/467/Euratom of 3rd September, 1984⁽²⁾, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Ionising Radiation) Regulations, 1991.

(2) These Regulations shall come into operation on the 5th day of April, 1991.

2. (1) In these Regulations:

"apprentice" means a person who is training for work;

"approved laboratory" means a laboratory approved of by the Competent Authority under Regulation 24 of these Regulations;

"approved medical practitioner" means a registered medical practitioner responsible for the medical surveillance of workers of category "A" as defined in this Regulation whose capacity to act in this respect is recognised by the competent authorities;

"Category 'A'" worker means an exposed worker liable to receive a dose greater than three-quarters of the annual dose limits for exposed workers laid down in the Schedule, Section (1) and (4) or greater than three-tenths of the annual dose limits for exposed workers laid down in the Schedule, Sections (5), (6) and (7);

"Category 'B'" worker means an exposed worker liable to receive a dose greater than one-quarter of the annual dose limits for exposed workers laid down in the Schedule, Sections (1) and (4) or greater than one-tenth of the annual dose limits for exposed workers laid down in the Schedule, Sections (5), (6) and (7);

"Competent Authority" means An Bord Fuinnimh Nuicleigh except that, in relation to activities referred to in Regulation 3 of these Regulations involving the use of any 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, the Competent Authority shall act in consultation with an officer of the Minister for Health;

"the Council Directive" means Council Directive No. 80/836/Euratom of 15th July, 1980, as amended by Council Directive No. 84/467/Euratom of 3rd September, 1984;

"Dental Council" means the council established by the Dentists Act, 1985 (No. 9 of 1985);

"dose limits" means the limits laid down in the Schedule to these Regulations for the doses resulting from the exposure of exposed workers and other persons, excluding the doses resulting from natural background radiation and exposure of persons as a result of a medical or dental application undergone by them; the dose limits apply to the sum of the doses received from external exposure during the period considered and the committed doses resulting from the intake of radio-nuclides during the same period;

"exposure record" means the record of exposure provided for by Regulation 16 of these Regulations;

"exposed worker" means any person, including an apprentice or student aged 18 years or over, liable to receive a dose greater than one-quarter of the dose limits laid down in the Schedule, Sections (1) and (4) or greater than one-tenth of the dose limits laid down in the Schedule, Sections (5), (6) and (7);

"the Board" means An Bord Fuinnimh Nuicleigh;

"inspector" means an inspector appointed under Regulation 25 of these Regulations;

"medical or dental use" means the use of any radioactive substance of device or any 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;

"Medical Council" means the Council established by the Medical Practitioners Act, 1978 (No. 4 of 1978);

"medical record" means the record provided in Regulations 18 of these Regulations;

"person responsible" means a person who carries out, as an employer or self-employed person, activities to which these Regulations apply;

"qualified expert" means a person having the knowledge and training needed to carry out physical or technical tests or radiochemical tests, or to give advice in order to ensure effective protection of individuals and correct operation of protective installations as the case may be, whose capacity to act as a qualified expert is recognised by the competent authorities;

"registered medical practitioner" has the meaning assigned to it by the Medical Practitioners Act, 1978 ;

"student" means a person engaged in studies in the course of which he is obliged to use the materials which are or may be a source of ionising radiation;

"work" means work involving any of the activities listed in Regulation 3 of these Regulations and includes training for such work and studies in the course of which sources are obliged to be used.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive shall, unless the contrary intention appears, have the same meaning that it has in the Council Directive.

3. These Regulations apply to the matters to which the Council Directive applies, namely, all or any of the following that is to say, production, processing, handling, use, holding, storage, transport and disposal of natural and artificial radioactive substances and to any other activity which involves a hazard arising from ionising radiation.

4. (1) Subject to the provisions of paragraph (4) of this Regulation, in the case of medical or dental use, the person responsible shall report such medical or dental use under his responsibility to the Competent Authority within one month of the commencement of these Regulations, and thereafter at such intervals as may be specified by the Competent Authority.

(2) Where, after the commencement of these Regulations, a medical or dental use commences under the responsibility of the person responsible, the person responsible shall report such medical or dental use to the Competent Authority one month prior to the commencement of such use and thereafter at such intervals as may be specified by the Competent Authority.

(3) A report referred to in paragraphs (1) and (2) of this Regulation shall be supplied to the Competent Authority and include information on the frequency and types of medical or dental use and any other particulars requested by that Authority.

(4) The administration of radioactive substances to persons for the purposes of diagnosis, treatment or research is prohibited except by prior authorisation given by the Competent Authority which said authorisation the Competent Authority is hereby authorised to give.

(5) The Competent Authority may attach to any authorisation issued under this Regulation, either at the time of issue or thereafter, such conditions as it deems necessary for the purpose of securing the safety of all concerned.

(6) The provisions of these Regulations shall be without prejudice to the rights and responsibilities of the Medical Council or the Dental Council in relation to the competence of the medical practitioner or dental practitioner concerned to use ionising radiation in the course of his work.

5. (1) Subject to paragraph (2) of this Regulation, the person responsible shall ensure that the limitation of individual and collective doses resulting from controllable exposure shall be based on the following general principles:

( a ) the various types of activity resulting in an exposure shall have been justified by the advantages which they produce;

( b ) all exposures shall be kept as low as reasonably achievable; and

( c ) without prejudice to Regulation 8 of these Regulations, the sum of the doses and committed doses received shall not exceed the dose limits laid down in the Schedule to these Regulations for exposed workers, apprentices, students and members of the Public.

(2) The principles set out in sub-paragraphs (a) and (b) of paragraph (1) of this Regulation shall apply to all exposures to ionising radiation and shall include medical exposures and the principle set out in sub-paragraph (c) of the said paragraph shall not apply to the exposure of individuals as a result of medical examination and the treatment undergone by them.

6. The person responsible shall ensure that:

( a ) persons under 18 years of age are not assigned to any work which would result in their being exposed workers; and

( b ) nursing mothers are not employed in work involving a high risk of radioactive contamination and the person responsible shall, if necessary, maintain special surveillance for bodily radioactive contamination of the women concerned.

7. (1) The person responsible shall ensure that the exposure of a pregnant woman who is an exposed worker, apprentice or student in the context of her work is such that the dose to the foetus, accumulated over the period of time between declaration of pregnancy and the date of delivery remains as small as is reasonably practicable and in no case exceeds the limit for a pregnant woman set out in the Schedule to these Regulations.

(2) Notwithstanding the dose limit for the abdomen set out in the Schedule to these Regulations, the person responsible shall, as soon as pregnancy is declared, take steps to limit a pregnant woman who is an exposed worker, apprentice or student to working conditions where it can be demonstrated that the dose to the abdomen is less than 1 mSv between weeks 8 to 15 inclusive after conception and less than 5 mSv for the whole pregnancy.

8. (1) The person responsible shall notify the Competent Authority of a planned special exposure and shall ensure that no such exposure takes place unless the Competent Authority has authorised such exposure.

(2) The person responsible shall also satisfy the Competent Authority that alternative techniques which do not involve such exposure cannot be used and that the age and health of the worker involved have been taken into account.

(3) The Competent Authority shall not authorise a planned special exposure;

( a ) if during the previous 12 months, the worker has received an exposure giving rise to doses in excess of the annual dose limits laid down in the Schedule to these Regulations, or

( b ) if the worker has previously received accidental or emergency exposures giving rise to doses the sum of which exceeds five times the annual dose limits laid down in the Schedule to these Regulations, or

( c ) if the worker is a woman of reproductive capacity.

(4) Only category 'A' workers may be subjected to planned special exposures, and all planned special exposures shall be restricted to men and only in special cases should approval be given to women other than women referred to in paragraph (3) (c) of this Regulation to undergo a planned special exposure.

(5) The person responsible shall ensure in respect of any worker that before receiving a planned special exposure, such worker shall be given appropriate information about the risks involved and the precautions to be taken during the operation.

(6) The doses or committed doses received in the course of planned special exposures must not, in any year, exceed twice the annual dose limits laid down in the Schedule to these Regulations and, in a lifetime, five times those dose limits.

(7) The following information shall be entered in the medical record of a worker who has been subject to a planned special exposure:

( a ) the estimated values of the dose received by that worker; and

( b ) the activities taken into his body in the course of the planned special exposure.

(8) The person responsible may continue to employ a worker as an exposed worker following a planned special exposure provided that a certificate to that effect is issued by the Competent Authority and that worker's subsequent conditions of employment have been agreed by the approved medical practitioner.

9. (1) The person responsible shall ensure that all accidental and emergency exposures of a worker shall be entered in the medical record of the worker and that wherever possible doses and committed doses received in the course of accidental and emergency exposures must be recorded separately on the exposure record.

(2) The person responsible shall ensure that only volunteers may be subjected to emergency exposures.

10. (1) The person responsible shall designate and delineate, as appropriate, as controlled areas or supervised areas, areas of his premises, where there is a risk of exposure.

(2) The person responsible shall ensure that where the doses are liable to exceed one-quarter of the annual dose limits laid down for exposed workers the designation and delineation of areas is appropriate to the nature of the installation and sources and to the magnitude and nature of the hazards and the scope of the precautions and monitoring as well as their type and quality are appropriate to the hazards associated with the work involving exposure to ionising radiation.

(3) In this Article:--

"controlled area" means any area in which doses are liable to exceed three-quarters of the annual dose limits laid down for exposed workers in 1 (a) of the Schedule or three tenths of the annual dose limits laid down in 5 (a), 6 (a) and 7 (a) of the Schedule.

"a supervised area" means any area which is not a controlled area and in which doses are liable to exceed one-quarter of the annual dose limits laid down for exposed workers in 1 (a) of the Schedule or one tenth of the annual dose limits laid down in 5 (a), 6 (a) and 7 (a) of the Schedule.

11. (1) The person responsible shall--

( a ) organise radiological environmental surveillance in controlled and supervised areas and ensure that activities, doses and dose rates as the case may be, shall be monitored and the results recorded;

( b ) lay down working instructions appropriate to the radiation hazard in controlled and supervised areas;

( c ) indicate in controlled areas the hazards inherent in the source present;

( d ) display in controlled and supervised areas signs indicating sources; and

( e ) control access to controlled areas by appropriate identification.

(2) ( a ) Where the person responsible is obliged under Regulation 10 of these Regulations to designate and delineate controlled or supervised areas, he shall appoint a qualified expert for the purpose of advising him on his obligations under paragraph (1) of this Regulation and on other matters in connection with ionising radiation.

( b ) The person responsible shall consult the qualified expert directly or through any committee or other organisational structure approved of by the Competent Authority and established by the person responsible for the purpose of recommending radiation protection measures to him.

(3) The person responsible shall not appoint a person as a qualified expert unless that person is suitably qualified and experienced.

(4) The person responsible shall notify the Competent Authority in writing of the appointment of a qualified expert within 28 days and that notification shall include particulars of the qualifications and experience of the qualified expert.

(5) The person responsible shall notify forthwith the Competent Authority of any material change in relation to a qualified expert which would affect the particulars notified in accordance with paragraph (4) of this Regulation.

(6) In this Regulation "appoint" includes, where considered appropriate by the Competent Authority, engaging the services of a qualified expert on a part time basis.

12. (1) The person responsible shall designate exposed workers as category 'A' workers or category 'B' workers.

(2) The person responsible shall designate as category 'A' workers only those who have been approved as medically fit in accordance with Regulation 17 of these Regulations.

(3) The person responsible shall maintain a register of category 'A' and category 'B' workers.

13. The person responsible shall inform exposed workers and apprentices and students aged under 18 years of the health risks involved in their work, the precautions to be taken and the importance of complying with the technical and medical requirements and shall give them appropriate training in the field of radiation protection.

14. (1) The person responsible shall ensure that, insofar as the examination and testing of protective devices and measuring instruments are concerned:

( a ) the acceptance of new installations from the point of view of radiation protection;

( b ) regular checking of the effectiveness of protective devices and techniques, and

( c ) regular checking that measuring instruments are serviceable and correctly used,

shall be the responsibility of qualified experts.

(2) The person responsible shall ensure that measuring instruments are calibrated at least every twelve months or immediately after any repair, in an approved laboratory.

15. The person responsible shall ensure that, taking into account the radiological hazards, measurements shall be carried out of:

( a ) dose rates and fluence rates, indicating the nature and the quality of the radiation in question; and

( b ) the atmospheric concentration and surface density of contaminating radioactive substances, indicating their nature and their physical and chemical states.

16. (1) The person responsible shall:

( a ) ensure that the assessment of individual doses shall be systematic for exposed workers and based on individual measurements;

( b ) maintain records, relating to each exposed worker, of the assessments referred to in paragraph (a) of this Regulation;

( c ) facilitate appropriate access by the Competent Authority to all relevant information concerning the posting of each exposed worker and the doses received;

( d ) provide to the Competent Authority at the end of each calendar year a summary of the doses relating to that calendar year, in accordance with guidelines as may be laid down by the Competent Authority;

( e ) keep archives for a period of at least 30 years from when they were made containing:

(i) the results of collective monitoring measurements used to assess individual doses (as provided for in Article 15 of these Regulations);

(ii) the exposure record containing the data relating to the assessment of individual doses (as provided for in sub-paragraph (b) of this paragraph); and

(iii) reports relating to the circumstances of, and action taken on, accidental or emergency exposures (as provided for in Regulation 19 (4) of these Regulations).

(2) The person responsible shall make arrangements with an approved laboratory to carry out the individual measurements referred to in paragraph (1) (a) of this Regulation.

(3) For the documents referred to in paragraph (1) (e) of this Regulation, the period of 30 years shall start at the time of termination of the work involving exposure to ionising radiation.

(4) The person responsible shall ensure that, in cases where individual dose measurements referred to in paragraph (1) of this Regulation are impossible or inadequate, the doses received by persons shall be estimated from the results of measurements made on other exposed workers or from the results of monitoring provided for in Regulation 15 of these Regulations.

(5) In the case of accidental or emergency exposure of a worker, the person responsible shall ensure that the absorbed doses shall be assessed, whether whole or partial body exposure has occurred.

(6) ( a ) Subject to sub-paragraph (b) of this paragraph, the person responsible shall submit forthwith the results of individual monitoring to the approved registered medical practitioner whose responsibility it shall be to interpret their implications for human health, and

( b ) the person responsible shall submit results immediately in an emergency.

17. (1) The person responsible shall ensure the medical surveillance of exposed workers by a registered medical practitioner and in the case of category 'A' workers such surveillance shall be the responsibility of an approved medical practitioner.

(2) Medical surveillance shall be based on the principles that govern occupational medicine generally and shall include, as appropriate, pre-employment medical examinations and periodic reviews of health, the frequency and form of the latter being determined by the worker's state of health, the conditions of work and the incidents that may be associated with the work.

(3) The medical surveillance of a category 'A' worker shall include in relation to pre-employment medical examination, an inquiry into his medical history including all known previous exposures resulting either from work or from a medical or dental application and also a clinical investigation and any other investigations necessary for assessing his general state of health.

(4) The person responsible shall ensure that the approved medical practitioner shall have access to any information he requires in order to ascertain the state of health of category 'A' workers and to assess the environmental conditions existing in the working premises insofar as they might affect the fitness of such workers for the tasks assigned to them.

(5) The person responsible shall ensure that the state of health of each category 'A' worker shall be reviewed at least once a year and more frequently if that worker's exposure conditions or state of health so require and if the approved medical practitioner considers it necessary, the person responsible shall arrange for medical surveillance after cessation of employment as an exposed worker for as long as the approved medical practitioner considers it necessary to safeguard the health of the person concerned.

(6) An approved medical practitioner shall adopt a medical classification on the basis of the medical surveillance as to fitness for work of workers of category 'A' of "fit for work", "fit, subject to certain conditions" and "unfit for work".

(7) The person responsible shall not employ a person as an exposed worker if a medical practitioner determines, on the basis of medical surveillance, that the person concerned should not be employed as an exposed worker.

(8) In the case where the approved medical practitioner determines that a category 'A' worker is fit for work subject to certain conditions, the person responsible shall comply with those conditions if he is to employ or continue to employ the worker as a category 'A' worker.

(9) In the case where the approved medical practitioner determines that a category 'A' worker is unfit for work as a category 'A' worker, the person responsible shall not employ the worker as a category 'A' worker.

18. (1) The person responsible shall establish for each category 'A' worker and keep up to date in respect of that worker so long as he remains a worker of that category, a medical record co.taining:

( a ) details of the nature of the work done by each worker;

( b ) entries by the approved registered medical practitioner of the dates of, and medical classifications as provided for in Regulations 17 (6) of these Regulations arising from, the pre-employment medical examination and periodic reviews of health;

( c ) the record of doses, including doses arising from a planned special exposure as provided for in Regulation 8 (7) of these Regulations; and

( d ) the record of accidental and emergency exposures.

(2) The person responsible shall furnish to the approved laboratory, a copy of the record of a category 'A' worker on termination of employment as a worker of that category, for retention by the approved laboratory for 30 years from termination of employment as an exposed worker.

19. (1) An exposed worker, apprentice or student shall:

( a ) not knowingly expose himself or any other person to ionising radiation to an extent greater than has been considered appropriate by the person responsible for the purpose of his work, and shall exercise reasonable care while carrying out such work;

( b ) make full and proper use of any personal protective equipment provided;

( c ) forthwith report to the person responsible any defect he discovers in any personal protective equipment; and

( d ) notify the person responsible of any suspected exposure likely to cause a breach of any dose limit laid down in the Schedule to these Regulations or any other unusual occurrence causing or likely to cause exposure in excess of any of the dose limits.

(2) The person responsible shall arrange for an investigation of the circumstances of such suspected exposure and shall notify the approved medical practitioner of the results of that investigation.

(3) The person responsible shall immediately notify the Competent Authority of any such suspected exposure.

(4) The person responsible shall make a record of the investigation of such suspected exposure and shall notify the Competent Authority of the results of the investigation.

(5) The person responsible shall ensure that special surveillance of an exposed worker in each case where any of the dose limits in regard to an exposed worker laid down in the Schedule to these Regulations have been exceeded shall be provided and shall ensure that subsequent conditions of exposure shall be subject to the agreement of the approved medical practitioner.

(6) The person responsible shall ensure that further examinations of, decontamination measures in respect of, or urgent remedial treatment of an exposed worker shall be provided as considered necessary by the approved medical practitioner.

20. An appeal by any party involved against any findings of decisions made in pursuance of Regulations 17 (7) and 19 (5) of these Regulations shall lie to the High Court.

21. The person responsible shall ensure that the results of the exposure measurements and the biological examinations concerning workers, apprentices or students are accessible to them.

22. The person responsible shall make such arrangements and undertake such surveys as are necessary to detect and eliminate factors which are liable to create an unjustified risk of exposure to exposed workers and other persons: these arrangements and surveys shall include:

( a ) acceptance into service of new protective devices and measuring instruments, with regard to the protection against any exposure or radioactive contamination liable to extend beyond the perimeter of the premises;

( b ) checking the effectiveness of technical protective devices;

( c ) acceptance from the point of view of surveillance of radiological hazards, of equipment for measuring exposure and radioactive contamination;

( d ) checking that measuring instruments are serviceable and correctly used; and

( e ) whenever necessary the establishment of emergency plans to deal with emergencies relating to threats to health and safety from ionising radiation;

( f ) the establishment and application of waste discharge formulae and provisions to be laid down for measurement.

23. (1) The person responsible shall undertake as requested by the Competent Authority in respect of doses received by members of the public from any activity referred to in Regulation 3 of these Regulations which is under his control, both in normal circumstances and in the event of an accident, assessments of:

( a ) external exposure;

( b ) radioactive contamination;

( c ) doses liable to be received by reference groups;

( d ) the genetic dose and the annual genetically significant dose, taking demographic characteristics into account.

(2) The person responsible shall submit to the Competent Authority copies of the results of the assessments referred to in paragraph 1 of this Regulation.

24. The Competent Authority shall designate, from time to time laboratories to be approved laboratories for the purposes of these Regulations.

25. (1) The Competent Authority may appoint Inspectors for the purposes of these Regulations.

(2) An Inspector shall be furnished with a certificate or warrant of his appointment and when exercising the powers conferred on him by or under these Regulations shall, if so required, produce the certificate or warrant to any person concerned.

26. (1) An inspector shall for the purpose of these Regulations 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 these Regulations 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 these Regulations 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 or of assessing exposure of workers or members of the public.

(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 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 paragraph (1) and (2) of this Regulation, 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 Síochána 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 sub-paragraph (d) of paragraph (1) of this Regulation 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 these Regulations to produce, or wilfully withholds any information which the inspector may reasonably require to ascertain whether the provisions of these Regulations are complied with or prevents an inspector from exercising his powers under sub-paragraph (1) or (2) of this Regulation shall be deemed to obstruct an inspector in the execution of his duties under these Regulations.

(6) Where an inspector is obstructed in the execution of his powers or duties under these Regulations:

( 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 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) It shall be an offence for a person falsely to pretend to be an inspector.

27. The Competent Authority may serve on the person responsible a notice in writing by pre-paid post at his place of business requiring him to take such measures as are necessary to ensure the effective protection of exposed workers and other persons from the dangers of ionising radiating arising from any activity referred to in Regulation 3 of these Regulations which is under his control.

28. (1) It shall be an offence for a person to contravene Regulations 4 (1), 4 (2), 4 (4), 5 (1), 6, 7 (1), 7 (2), 8 (1), to (7), 9 (1), 9 (2), 10 (1), 10 (2), 11 (1) to (5), 12, 13, 14, 15, 16 (1), 16 (2), 16 (4), 16 (5), 16 (6), 17, 18, 19, 21, 22, 23 and 24.

(2) A person who does not comply with a requirement made by a direction given by an Inspector under Regulation 26 of these Regulations shall be guilty of an offence.

(3) A person guilty of an offence under these Regulations shall be liable on summary convictions, to a fine not exceeding £1,000 or to a term of imprisonment not exceeding 12 months or to both such fine and such imprisonment.

29. The Factories Ionising Radiations (Sealed Sources) Regulations, 1972 ( S.I. No. 17 of 1972 ) and the Factories Ionising Radiations (Unsealed Radioactive Substances) Regulations, 1972 ( S.I. No. 249 of 1972 ) are hereby repealed.

SCHEDULE

Dose limits

(1) The dose limit for whole body exposure shall in any year be

( a ) for an exposed worker -- 20 mSv, and

( b ) for any other person -- 1 mSv.

(2) The dose limit for the abdomen of a woman of reproductive capacity shall be 13 mSv in any three month period.

(3) The dose limit for the foetus of a pregnant woman who is an exposed worker, apprentice or student, accumulated over the period of time between declaration of pregnancy to the person responsible and date of delivery, shall be 5 mSv.

(4) In the case of partial body exposure the effective dose limit, evaluated by the method set out in Annex II, Section E of the Council Directive, shall in any year be

( a ) for an exposed worker -- 20 mSv, and

( b ) for any other person -- 1mSv.

(5) Notwithstanding the effective dose limits for partial body exposure set out in paragraph (4) of this Schedule, the average dose in each of the organs or tissues involved shall in any year not exceed

( a ) for any exposed worker -- 500 mSv, and

( b ) for any other person -- 50 mSv.

(6) The dose limit for the lens of the eye shall in any year be--

( a ) for an exposed worker -- 150 mSv, and

( b ) for any other person -- 15 mSv.

(7) The dose limits for the skin and for hands, forearms, feet and ankles shall in any year be--

( a ) for an exposed worker -- 500 mSv, and

( b ) for any other person -- 50 mSv,

and where exposure is the result of radioactive contamination of the skin the dose limits for the skin shall apply to the dose averaged over any area of 100cm.^Z

(8) (1) The dose limits for apprentices and students aged 18 years or over who are training for employment involving exposure to ionizing radiation or who, in the course of their studies, are obliged to use sources shall be equal to the dose limits for exposed workers laid down in paragraphs 1, 2, 3, 4, 5, 6 and 7 of this Schedule.

(2) The dose limits for apprentices and students aged between 16 and 18 years who are training for employment involving exposure to ionising radiation or who in the course of their studies are obliged to use sources, shall be equal to one-quarter of the current dose limits for exposed workers laid down above.

(3) The dose limits for apprentices and students aged 16 years and over who are not subject to the provision of the schedule shall be the same as the dose limits for members of the public specified in the schedule. However the contribution to the annual doses that they are liable to receive by virtue of their training shall not exceed one twentieth of the dose limits for members of the public and the dose received during each single exposure shall not exceed one hundredth of those dose limits.

GIVEN under my Official Seal, this 5th day of March, 1991.

ROBERT MOLLOY,

Minister for Energy.

EXPLANATORY NOTE.

These Regulations provide for the implementation of Council Directive 80/836/Euratom of 15 July 1980, as amended by Council Directive 84/467/Euratom of 3 September 1984, laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionising radiation.

The Regulations also complement the Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977 ( S.I. No. 166 of 1977 ) and in particular the licensing requirements set out under Article 4 of that Order.