Citation and commencement

1. This order may be cited as the Radioactive Substances (Electronic Valves) Exemption Order 1967, and shall come into operation on 15th December 1967.

Interpretation

2.-(1) In this order-

"the Act" means the Radioactive Substances Act 1960;

"class 1 valve" means a valve falling within one or other of the following descriptions, that is to say-

"class 2 valve" means a valve which is not a class 1 valve and which falls within one or other of the following descriptions, that is to say-

"class 2 waste" means radioactive waste falling within Article 10(1) of this order;

"decay products" means, in relation to any radionuclide, the radionuclides succeeding it in the radioactive series in which it and they occur;

"refuse disposal authority" means an authority acting in pursuance of statutory powers relating to the removal or disposal of refuse;

"specified radionuclide" means a radionuclide specified in column (1) of the Schedule to this order;

and any reference to an exempted valve is a reference to a valve falling within Article 5(a) of this order so kept or used as to be within the exemption from registration granted by Article 3, and any reference to an exempted article is a reference to an article falling within Article 5(b) so kept or used as to be within the exemption from registration granted by Article 3 or an article which is mobile radioactive apparatus in respect of which exemption from registration is granted by Article 8.

(2) For the purposes of paragraph (a) of Article 7 of this order and paragraph 2(c) of Article 10, all premises in the same occupation and lying within the same curtilage shall together be treated as the premises in respect of which the conditions in those paragraphs apply.

(3) The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

Exemption from registration under section 1 of the Act

3. Subject to the provisions of Article 6 and 7 of this order, any person who, on any premises to which this Article applies which are used for the purposes of any undertaking carried on by him, keeps or uses or causes or permits to be kept or used any radioactive material to which this Article applies is hereby granted exemption from registration under section 1 of the Act (which provides for the registration of persons who keep or use radioactive material) in respect of those premises and the keeping and use thereon of that radioactive material.

Classes of premises to which exemption relates

4. The last preceding Article does not apply to premises used for or in connection with the manufacture of radioactive material falling within Article 5 of this order or for the storage of such material by the manufacturer, but, save as afore said, applies to premises of any class.

Descriptions of radioactive material to which exemption relates

5. Article 3 of this order applies to radioactive material falling within either of the following descriptions, that is to say-

(a)an electronic valve, being a class 1 valve or a class 2 valve, in which-

(i)there are no radionuclides other than one or more of those specified in the Schedule to this order and its or their decay products; and

(ii)the number of microcuries of each of the decay products of any specified radionuclide does not at any time exceed the number of microcuries of that decay product which would be present at that time if that decay product were then in a state of equilibrium with that radionuclide in the valve;

(b)any apparatus, equipment or appliance which is radioactive material solely because it incorporates an electronic valve or valves falling within the preceding paragraph.

Exemption under section 1 without limitation or condition

6. The exemption granted by Article 3 of this order in respect of the keeping and use of-

(a)a class 1 valve; and

(b)an article falling within Article 5(b) of this order,

is granted without any limitation or condition.

Exemption under section 1 subject to conditions

7. The exemption granted by Article 3 of this order in respect of the keeping and use of a class 2 valve is granted subject to the conditions that-

(a)not more than ten class 2 valves (excluding those incorporated in exempted articles) are on the premises at any time; and

(b)when not in use, the valve is kept in a container (except when removed for any necessary testing or inspection) marked with, or having attached or affixed to it a label bearing, the words "Radioactive electronic valve" in letters of adequate size, distinctly and legibly printed and conspicuously visible.

Exemption from registration under section 3 of the Act

8. Any person is hereby granted exemption from registration under section 3 of the Act (which provides for the registration of mobile radioactive apparatus) in respect of mobile radioactive apparatus consisting of an article falling within Article 5(b) of this order, without any limitation or condition.

Exclusion of certain descriptions of radioactive waste from sections 6 and 7 of the Act

9.-(1) Radioactive waste falling within any of the following descriptions, that is to say-

(a)waste which, immediately before it became waste,-

(i)consisted or formed part of an exempted class 1 valve or a class 1 valve incorporated in an exempted article; or

(ii)consisted or formed part of an exempted article and incorporated a class 1 valve or valves but no class 2 valve;

(b)substances or articles which are radioactive waste solely because they have been contaminated by contact with or proximity to-

(i)exempted class 1 valves or class 1 valves incorporated in exempted articles; or

(ii)waste falling within the preceding sub-paragraph or this sub-paragraph,

is hereby excluded from the provisions of section 6(1), (2) and (3) of the Act (which relates to the disposal of radioactive waste) absolutely.

(2) Radioactive waste falling within the preceding paragraph is hereby excluded from the provisions of section 7(1) of the Act (which relates to the accumulation of radioactive waste) absolutely.

Exclusion of further descriptions of radioactive waste from sections 6 and 7 of the Act

10.-(1) Radioactive waste falling within any of the following descriptions, that is to say-

(a)waste which, immediately before it became waste,-

(i)consisted or formed part of an exempted class 2 valve or a class 2 valve incorporated in an exempted article; or

(ii)consisted or formed part of an exempted article and incorporated a class 2 valve or valves;

(b)substances or articles which are radioactive waste solely because they have been contaminated by contact with or proximity to-

(i)exempted valves or valves incorporated in exempted articles, being or including class 2 valves; or

(ii)waste falling within the preceding sub-paragraph or this sub-paragraph,

is hereby excluded from the provisions of section 6(1) and (2) of the Act, subject to the conditions specified in the next following paragraph.

(2) The conditions to which the last preceding paragraph refers are-

(a)that the waste is dispersed in substantial quantities of other refuse which is not radioactive waste and, in the refuse in which it is dispersed, is disposed of either by causing or permitting its removal by a refuse disposal authority or their contractors, or by depositing it, or causing or permitting its removal (by persons other than a refuse disposal authority or their contractors) for deposit, at, on or in a tip, dump or pit used for the deposit in substantial quantities of refuse which is not radioactive waste;

(b)that if the waste is disposed of by deposit at, on or in any such place, it is not deposited in a part of that place which is a part in use for the deposit of radioactive waste only; and

(c)that in all the class 2 waste disposed of from the premises in any one week, there are not more than ten class 2 valves (whether whole or in parts, whether or not incorporated in other articles and whether or not they or their contents are wholly or partly absorbed in, mixed with or adhering to other substances or articles).

(3) Any class 2 waste received by a refusal disposal authority or their contractors for the purpose of its being disposed of by them is hereby excluded from the provisions of section 6(3) of the Act absolutely.

(4) Any class 2 waste received by persons other than a refuse disposal authority or their contractors for the purpose of its being disposed of by them by deposit at, on or in a place referred to in paragraph (2)(a) of this Article is hereby excluded from the provisions of section 6(3) of the Act, subject to the conditions that-

(a)the waste is deposited at, on or in such a place; and

(b)it is not deposited in a part of any such place which is a part in use for the deposit of radioactive waste only.

(5) Any class 2 waste which is accumulated on the premises where it arose is hereby excluded from the provisions of section 7(1) of the Act, subject to the conditions that-

(a)it is contained in a closed container; and

(b)it is disposed of within a period of two weeks beginning with the date upon which its accumulation began.

(6) Any class 2 waste received-

(a)by a refuse disposal authority or their contractors for the purpose of its being disposed of by them; or

(b)by persons other than a refuse disposal authority or their contractors for the purpose of its being disposed of by them by deposit at, on or in a place referred to in paragraph (2)(a) of this Article,

is hereby excluded from the provisions of section 7(1) of the Act, subject to the condition that it is disposed of as soon as practicable.

Revocation

11. Radioactrive Substances (Electronic Valves) Exemption Order 1962(1) is hereby revoked.

SCHEDULE

EXPLANATORY NOTE

This Order, which has been made by the Minister of Housing and Local Government in consultation with the Secretary of State for Wales, exempts persons (in some cases conditionally) from registration under section 1 of the Radioactive Substances Act 1960 in respect of the keeping and use, except on manufacturers' premises, of "radioactive material" within the meaning of section 18(1) of that Act consisting of electronic valves possessing limited radioactivity and instruments and other articles incorporating such valves.

It also exempts persons unconditionally from registration under section 3 of that Act in respect of "mobile radioactive apparatus" within the meaning of section 18(5) of that Act incorporating such valves.

Articles 9 and 10 of the Order provide for the exclusion (in some cases conditionally) from sections 6(1), (2) and (3) and 7(1) of that Act (which prohibit the disposal and accumulation of radioactive waste without authorisation) of certain descriptions of "radioactive waste" within the meaning of section 18(4) of that Act arising directly or indirectly from the keeping or use of valves or articles incorporating valves exempted by the Order.

The Order revokes and replaces the Radioactive Substances (Electronic Valves) Exemption Order 1962 and reproduces the provisions of that Order without any amendment of substance except for the inclusion of valves containing promethium 147, the raising of the limits of radioactivity of an exempted valve containing tritium or krypton 85 and the revision of the formula for limiting the radioactivity of a valve containing more than one specified radionuclide.