Draft Regulations laid before the Scottish Parliament under Schedule 2 paragraph 2 to the European Communities Act 1972, for approval by resolution of the Scottish Parliament. These draft Regulations replace those laid on 27th January 2011, and are being issued free of charge to all known recipients of those draft Regulations.

2011 No.

Atomic Energy And Radioactive Substances

The Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011

Made

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and all other powers enabling them to do so.

In accordance with paragraph 2 of Schedule 2 to that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and extent1

1

These Regulations may be cited as the Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011 and come into force on 1st October 2011.

2

These Regulations extend to Scotland only.

Interpretation2

In these Regulations, “the Act” means the Radioactive Substances Act 19932.

Insertion of sections 1A to 1J of the Act3

For sections 1 and 2 of the Act substitute—

1AMeaning of “radioactive material” and “radioactive waste”

In this Act, except as provided by sections 1E, 1F, 1G and 1H—

  • “radioactive material” means a substance or article which is not waste, and which satisfies the requirements of any of sections 1B, 1C and 1D as they apply to such a substance or article;

  • “radioactive waste” means a substance or article which is waste, and which satisfies the requirements of any of sections 1B, 1C and 1D; and

  • “Table 1”, “Table 2”, “Table 3” and “Table 4” mean the tables with those numbers in Schedule 1A.

1BNORM industrial activities

1

Subsection (2) applies to a substance or article which—

a

arises from or is used in a NORM industrial activity listed in Part 1 of Table 1;

b

is waste which arises from a NORM industrial activity listed in Part 2 of Table 1; or

c

is contaminated by a substance or article described in paragraph (a) or (b), including where such contamination occurs indirectly through another contaminated substance or article.

2

A substance or article to which this subsection applies is radioactive material or radioactive waste where it has a concentration of radioactivity which exceeds the following values in Table 2—

a

for a solid substance or article or a relevant liquid substance, the value specified in column 2;

b

for any other liquid substance, the value specified in column 3; or

c

for a gaseous substance, the value specified in column 4.

1CProcessed radionuclides of natural terrestrial or cosmic origin

A substance or article is radioactive material or radioactive waste where—

a

it contains one or more of the radionuclides of natural terrestrial or cosmic origin which are listed in column 1 of Table 3;

b

the substance or article—

i

is processed or is intended to be processed for the radioactive, fissile or fertile properties of those radionuclides; or

ii

is contaminated by a substance or article to which sub-paragraph (i) applies, including where such contamination occurs indirectly through another contaminated substance or article; and

c

the substance or article is—

i

a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 3; or

ii

any other liquid or a gas.

1DRadionuclides not of natural terrestrial or cosmic origin

A substance or article which contains one or more radionuclides that are not of natural terrestrial or cosmic origin is radioactive material or radioactive waste where—

a

it is a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 3; or

b

it is any other liquid or a gas.

1ERadionuclides with a short half-life

A substance or article is not radioactive material or radioactive waste where none of the radionuclides which it contains or which it consists of has a half-life exceeding 100 seconds.

1FRadionuclides not of natural terrestrial or cosmic origin in background radioactivity

1

A substance or article is not radioactive material or radioactive waste where—

a

it is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—

i

are not of natural terrestrial or cosmic origin; and

ii

are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom; and

b

in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste under this Act.

2

In this section, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.

1GContaminated substances or articles

1

Subject to subsection (2), a substance or article is not radioactive material where—

a

it is contaminated, but has not been so contaminated with the intention of utilising its radioactive, fissile or fertile properties; and

b

in the absence of such contamination, the substance or article would not otherwise be radioactive material under this Act.

2

Subsection (1) only applies while the substance or article is kept on the premises on which the contamination occurred.

1HSubstances or articles after disposal

1

Subject to subsections (2) and (3), a substance or article is not radioactive material or radioactive waste during the excluded period where—

a

the substance or article has been disposed of lawfully, and at the time of the disposal no further act of disposal is intended in respect of it; or

b

the substance or article—

i

is contaminated by a substance or article to which paragraph (a) applies, including where such contamination occurs indirectly through another contaminated substance or article;

ii

in the absence of such contamination, would not otherwise be radioactive material or radioactive waste under this Act; and

iii

is not contaminated with the intention of using its radioactive, fissile or fertile properties.

2

In subsection (1), “the excluded period” means the period—

a

beginning at the relevant start time; and

b

ending in the circumstances specified in subsection (4).

3

The relevant start time is—

a

where the substance or article has been disposed of and—

i

is solid at the time of the disposal;

ii

is disposed of by burial (whether underground or otherwise) on premises in relation to which an authorisation under section 13 of this Act is held at the time of disposal; and

iii

is disposed of in accordance with that authorisation,

the time of the revocation of that authorisation;

b

where the substance or article is contaminated by a substance or article to which paragraph (a) applies, including where such contamination occurs indirectly through another contaminated substance or article, the time of the revocation of the authorisation referred to in paragraph (a)(ii); or

c

in relation to any other substance or article—

i

the time of the disposal of it; or

ii

where the substance or article is one to which subsection (1)(b) applies, the time of the disposal of the substance or article that caused it, directly or indirectly, to be contaminated.

4

The excluded period ends where, after the beginning of the excluded period, the substance or article is subject to a process which leads to an increase in the radiation exposure of the public or any plant or animal, at the time of that increase.

1JVariation of tables in Schedule 1A

The Scottish Ministers may by order vary the provisions of Table 2 and Table 3, either by adding further entries to any column of those tables or by altering or deleting any entry for the time being contained in any column.

Amendments to section 15 of the Act4

1

Section 15(1) of the Act is repealed.

2

In section 15(2)—

a

for “Without prejudice to subsection (1), the” substitute “The”;

b

for “exclude” substitute “exempt”; and

c

for “exclusion” substitute “exemption”.

Amendments to section 47 of the Act5

1

In section 47(1) of the Act insert, at the appropriate place in alphabetical order, the following definitions—

  • “m”, where it appears after a radionuclide, means a radionuclide in a metastable state of radioactive decay in which gamma photons are emitted;

  • “NORM industrial activity” means the industrial activities involving radionuclides of natural terrestrial or cosmic origin, which activities are listed in Table 1, but not including any such activity where radionuclides of natural terrestrial or cosmic origin are processed for their radioactive, fissile or fertile properties;

  • “relevant liquid” means a liquid which—

    1. a

      is non-aqueous; or

    2. b

      is classified (or would be so classified in the absence of its radioactivity) under Council Regulation No. 1272/20083 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—

      1. i

        acute toxicity: categories 1, 2 or 3;

      2. ii

        skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C; or

      3. iii

        hazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;

2

After section 47(5A) of the Act insert—

5B

Where any radionuclide carries the suffix “+” or “sec” in this Act—

a

that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 4 in Schedule 1A adjacent to the description of that parent radionuclide; and

b

a concentration value given in a table in Schedule 1A in relation to such a parent radionuclide refers to the value for the parent radionuclide alone, but already takes into account the daughter radionuclides present.

5C

Where any reference is made to a substance or article possessing a concentration of radioactivity which exceeds the value shown in a particular column of a table in Schedule 1A, that value is exceeded if—

a

where only one radionuclide which is included in that table is present in the substance or article, the concentration of that radionuclide exceeds the concentration specified in the appropriate entry in the appropriate column of that table; or

b

where more than one such radionuclide is present, the sum of the quotient values of all such radionuclides in the substance or article, as determined by the summation rule following that table as it applies to that column, is greater than one.

Amendments to section 48 of the Act6

In section 48 of the Act

a

after the entry for “local authority” insert—

m

section 47(1)

b

after the entry for “mobile radioactive apparatus” insert—

NORM industrial activity

section 47(1)

c

for the entries for “radioactive material” and “radioactive waste” substitute—

radioactive material

section 1A

radioactive waste

section 1A

relevant liquid

section 47(1);

d

after the entry for “substance” insert—

Table 1

section 1A

Table 2

section 1A

Table 3

section 1A

Table 4

section 1A

e

after the entry for “waste” insert—

+ or sec

section 47(5B)

Amendments to Schedule 1 to the Act7

For Schedule 1 to the Act, substitute the contents of the Schedule to these Regulations.

Repeals8

Section 8(4) and (5) of the Act are repealed.

Transitional provisions9

1

Where a substance or article which immediately before 1st October 2011 was not categorised as radioactive material becomes radioactive material on that date by virtue of these Regulations—

a

a person carrying on any activity described in section 6 of the Act (prohibition of use of radioactive material without registration) in relation to that substance or article immediately before 1st October 2011 is exempt from the requirement to hold a registration under section 7 of the Act (registration of users of radioactive material) in relation to that activity until—

i

where a registration under that section is applied for in relation to that activity before 1st April 2012—

aa

if the application is granted, the date of grant;

bb

if the application is refused and the applicant appeals against the refusal under section 26 of the Act (registrations, authorisations and notices: appeals from decisions of appropriate agency), the date on which the appeal is determined or withdrawn;

cc

if the application is refused, and the applicant is entitled to appeal against the refusal in accordance with section 26 of the Act, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

dd

if the application is refused, and the applicant is not entitled to appeal against the refusal in accordance with section 26 of the Act, the date on which the application is refused; or

ii

where no such application is made, the earliest of—

aa

1st April 2012;

bb

where, in relation to the activity in sub-paragraph (a), that person becomes exempted from the duty to hold a registration under an Order made under section 8(6) of the Act which comes into force on or after 1st October 2011, the day after that person first becomes so exempted; or

cc

the day on which the activity ceases;

b

a person carrying on any activity to which section 9(1) of the Act (prohibition of use of mobile radioactive apparatus without registration) applies in relation to that substance or article immediately before 1st October 2011 is exempt from the requirement to hold a registration under section 10 of the Act (registration of mobile radioactive apparatus) in relation to that activity until—

i

where a registration under that section is applied for in relation to that activity before 1st April 2012—

aa

if the application is granted, the date of grant;

bb

if the application is refused and the applicant appeals against the refusal under section 26 of the Act, the date on which the appeal is determined or withdrawn;

cc

if the application is refused, and the applicant is entitled to appeal against the refusal in accordance with section 26 of the Act, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

dd

if the application is refused, and the applicant is not entitled to appeal against the refusal in accordance with section 26 of the Act, the date on which the application is refused; or

ii

where no such application is made, the earliest of—

aa

1st April 2012;

bb

where, in relation to the activity in sub-paragraph (b), that person becomes exempted from the duty to hold a registration under an Order made under section 11(1) of the Act which comes into force on or after 1st October 2011, the day after that person first becomes so exempted; or

cc

the day on which the activity ceases.

2

Where a substance or article which immediately before 1st October 2011 was not categorised as radioactive waste becomes radioactive waste on that date by virtue of these Regulations—

a

a person carrying on any activity described in section 13 of the Act (disposal of radioactive waste) in relation to that substance or article immediately before 1st October 2011 is exempt from the requirement to hold an authorisation under that section in relation to that activity until—

i

where an authorisation under that section is applied for in relation to that activity before 1st April 2012—

aa

if the application is granted, the date of grant;

bb

if the application is refused and the applicant appeals against the refusal under section 26 of the Act, the date on which the appeal is determined or withdrawn;

cc

if the application is refused, and the applicant is entitled to appeal against the refusal in accordance with section 26 of the Act, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

dd

if the application is refused, and the applicant is not entitled to appeal against the refusal in accordance with section 26 of the Act, the date on which the application is refused; or

ii

where no such application is made, the earlier of—

aa

1st April 2012;

bb

where, in relation to the activity in sub-paragraph (a), that person becomes exempted from the duty to hold an authorisation under an Order made under section 15(2) of the Act which comes into force on or after 1st October 2011, the day after that person first becomes so exempted; or

cc

the day on which the activity ceases;

b

a person carrying on any activity described in section 14 of the Act (accumulation of radioactive waste) in relation to that substance or article immediately before 1st October 2011 is exempt from the requirement to hold an authorisation under that section in relation to that activity until—

i

where an authorisation under that section is applied for in relation to that activity before 1st April 2012—

aa

if the application is granted, the date of grant;

bb

if the application is refused and the applicant appeals against the refusal under section 26 of the Act, the date on which the appeal is determined or withdrawn;

cc

if the application is refused, and the applicant is entitled to appeal against the refusal in accordance with section 26 of the Act, but does not do so, the date which is the day after the last day on which an appeal could have been brought, determined in accordance with the appeals regulations; or

dd

if the application is refused, and the applicant is not entitled to appeal against the refusal in accordance with section 26 of the Act, the date on which the application is refused; or

ii

where no such application is made, the earliest of—

aa

1st April 2012;

bb

where, in relation to the activity in sub-paragraph (a), that person becomes exempted from the duty to hold an authorisation under an Order made under section 15(2) of the Act which comes into force on or after 1st October 2011, the day after that person first becomes so exempted; or

cc

the day on which the activity ceases.

3

Where a person described in paragraph (1)(a)—

a

holds a registration under section 7 of the Act (registration of users of radioactive material) covering radioactive material which is not described in paragraph (1); and

b

in relation to the activity and material described in paragraph (1)(a), applies for a variation of that registration instead of applying for a new registration,

the exemption in paragraph (1)(a) applies to that person but with references in that paragraph to an application being read as references to an application for a variation of a registration under section 12 of the Act (cancellation and variation of registrations).

4

Where a person described in paragraph (1)(b)—

a

holds a registration under section 10 of the Act (registration of mobile radioactive apparatus) covering radioactive material which is not described in paragraph (1); and

b

in relation to the activity and material described in paragraph (1)(b), applies for a variation of that registration instead of applying for a new registration,

the exemption in paragraph (1)(b) applies to that person but with references in that paragraph to an application being read as references to an application for a variation of a registration under section 12 of the Act (cancellation and variation of registrations).

5

Where a person described in paragraph (2)(a)—

a

holds an authorisation under section 13 of the Act (disposal of radioactive waste) covering radioactive waste which is not described in paragraph (2); and

b

in relation to the activity and waste described in paragraph (2)(a), applies for a variation of that authorisation instead of applying for a new authorisation,

the exemption in paragraph (2)(a) applies to that person but with references in that paragraph to an application being read as references to an application for a variation of an authorisation under section 17 of the Act (revocation and variation of authorisations).

6

Where a person described in paragraph (2)(b)—

a

holds an authorisation under section 14 of the Act (accumulation of radioactive waste) covering radioactive waste which is not described in paragraph (2); and

b

in relation to the activity and waste described paragraph (2)(b), applies for a variation of that authorisation instead of applying for a new authorisation,

the exemption in paragraph (2)(b) applies to that person but with references in that paragraph to an application being read as references to an application for a variation of an authorisation under section 17 of the Act (revocation and variation of authorisations).

7

In this regulation, “the appeals regulations” means the Radioactive Substances (Appeals) Regulations 19904.

   A member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULENew Schedule 1A to the Act

Regulation 7

SCHEDULE 1ATables of NORM industrial activities, radionuclides and summation rules

Section 1A-D

Table 1NORM Industrial Activities
Part 1

Production and use of thorium, or thorium compounds, and the production of products where thorium is deliberately added

Production and use of uranium or uranium compounds, and the production of products where uranium is deliberately added

Part 2

Extraction, production and use of rare earth elements and rare earth element alloys

Mining and processing of ores other than uranium ore

Production of oil and gas

Removal and management of radioactive scales and precipitates from equipment associated with industrial activities

Any industrial activity utilising phosphate ore

Manufacture of titanium dioxide pigments

The extraction and refining of zircon and manufacture of zirconium compounds

Production of tin, copper, aluminium, zinc, lead and iron and steel

Activities related to coal mine de-watering plants

Water treatment associated with provision of drinking water and the remediation of contamination from other NORM industrial activities

China clay extraction

Table 2Concentration of radionuclides: NORM industrial activities

Radionuclide

Solid or relevant liquid Concentration in becquerels per gram (Bq/g)

Any other liquid concentration in becquerels per litre (Bq/l)

Gaseous concentration in becquerels per cubic metre (Bq/m3)

U-238sec

0.5

0.1

0.001

U-238+

5

10

0.01

U-234

5

10

0.01

Th-230

10

10

0.001

Ra-226+

0.5

1

0.01

Pb-210+

5

0.1

0.01

Po-210

5

0.1

0.01

U-235sec

1

0.1

0.0001

U-235+

5

10

0.01

Pa-231

5

1

0.001

Ac-227+

1

0.1

0.001

Th-232sec

0.5

0.1

0.001

Th-232

5

10

0.001

Ra-228+

1

0.1

0.01

Th-228+

0.5

1

0.001

1

“The table 2 summation rule” means the sum of the quotient A/B where—

a

“A” means the quantity of each radionuclide listed in column 1 of Table 2 that is present in the substance or article; and

b

“B” means the quantity of that radionuclide specified in (as appropriate)—

i

column 2 of Table 2 where the substance or article is a solid or a relevant liquid;

ii

column 3 of Table 2 where the substance or article is any other liquid; or

iii

column 4 of Table 2 where the substance or article is a gas.

Table 3Concentration of radionuclides

Radionuclide

Concentration in becquerels per gram (Bq/g)

H-3

102

Be-7

10

C-14

10

F-18

1

Na-22

0.1

Na-24

0.1

Si-31

102

P-32

102

P-33

102

S-35

102

Cl-36

1

Cl-38

1

K-42

10

K-43

1

Ca-45

102

Ca-47

1

Sc-46

0.1

Sc-47

10

Sc-48

0.1

V-48

0.1

Cr-51

10

Mn-51

1

Mn-52

0.1

Mn-52m

1

Mn-53

103

Mn-54

0.1

Mn-56

1

Fe-52+

1

Fe-55

102

Fe-59

0.1

Co-55

1

Co-56

0.1

Co-57

1

Co-58

0.1

Co-58m

102

Co-60

0.1

Co-60m

103

Co-61

102

Co-62m

1

Ni-59

102

Ni-63

102

Ni-65

1

Cu-64

10

Zn-65

1

Zn-69

102

Zn-69m+

1

Ga-72

1

Ge-71

104

As-73

102

As-74

1

As-76

1

As-77

102

Se-75

1

Br-82

0.1

Rb-86

10

Sr-85

1

Sr-85m

10

Sr-87m

10

Sr-89

10

Sr-90+

1

Sr-91+

1

Sr-92

1

Y-90

102

Y-91

10

Y-91m

1

Y-92

10

Y-93

10

Zr-93

10

Zr-95+

0.1

Zr-97+

1

Nb-93m

102

Nb-94

0.1

Nb-95

1

Nb-97+

1

Nb-98

1

Mo-90

1

Mo-93

10

Mo-99+

1

Mo-101+

1

Tc-96

0.1

Tc-96m

10

Tc-97

10

Tc-97m

10

Tc-99

1

Tc-99m

102

Ru-97

1

Ru-103+

1

Ru-105+

1

Ru-106+

1

Rh-103m

104

Rh-105

10

Pd-103+

103

Pd-109+

102

Ag-105

1

Ag-108m+

0.1

Ag-110m+

0.1

Ag-111

10

Cd-109+

10

Cd-115+

1

Cd-115m+

10

In-111

1

In-113m

10

In-114m+

1

In-115m

10

Sn-113+

1

Sn-125

1

Sb-122

1

Sb-124

0.1

Sb-125+

1

Te-123m

1

Te-125m

102

Te-127

102

Te-127m+

10

Te-129

10

Te-129m+

10

Te-131

10

Te-131m+

1

Te-132+

0.1

Te-133+

1

Te-133m+

1

Te-134

1

I-123

10

I-125

1

I-126

1

I-129

0.1

I-130

1

I-131+

1

I-132

1

I-133

1

I-134

1

I-135

1

Cs-129

1

Cs-131

103

Cs-132

1

Cs-134

0.1

Cs-134m

103

Cs-135

10

Cs-136

0.1

Cs-137+

1

Cs-138

1

Ba-131

1

Ba-140

0.1

La-140

0.1

Ce-139

1

Ce-141

10

Ce-143

1

Ce-144+

10

Pr-142

10

Pr-143

102

Nd-147

10

Nd-149

10

Pm-147

102

Pm-149

102

Sm-151

102

Sm-153

10

Eu-152

0.1

Eu-152m

10

Eu-154

0.1

Eu-155

10

Gd-153

10

Gd-159

10

Tb-160

0.1

Dy-165

102

Dy-166

10

Ho-166

10

Er-169

102

Er-171

10

Tm-170

10

Tm-171

102

Yb-175

10

Lu-177

10

Hf-181

1

Ta-182

0.1

W-181

10

W-185

102

W-187

1

Re-186

102

Re-188

10

Os-185

1

Os-191

10

Os-191m

103

Os-193

10

Ir-190

0.1

Ir-192

0.1

Ir-194

10

Pt-191

1

Pt-193m

102

Pt-197

102

Pt-197m

102

Au-198

1

Au-199

10

Hg-197

10

Hg-197m

10

Hg-203

1

Tl-200

1

Tl-201

10

Tl-202

1

Tl-204

10

Pb-203

1

Pb-210+

0.01

Pb-212+

1

Bi-206

0.1

Bi-207

0.1

Bi-210

10

Bi-212+

1

Po-203

1

Po-205

1

Po-207

1

Po-210

0.01

At-211

102

Ra-223+

1

Ra-224+

1

Ra-225

1

Ra-226+

0.01

Ra-227

10

Ra-228+

0.01

Ac-227+

0.01

Ac-228

1

Th-226+

102

Th-227

1

Th-228+

0.1

Th-229+

0.1

Th-230

0.1

Th-231

102

Th-232

0.01

Th-232+

0.01

Th-232sec

0.01

Th-234+

10

Pa-230

1

Pa-231

0.01

Pa-233

1

U-230+

1

U-231

10

U-232+

0.1

U-233

1

U-234

1

U-235+

1

U-235sec

0.01

U-236

1

U-237

10

U-238+

1

U-238sec

0.01

U-239

102

U-240+

10

Np-237+

0.1

Np-239

10

Np-240

1

Pu-234

102

Pu-235

102

Pu-236

0.1

Pu-237

10

Pu-238

0.1

Pu-239

0.1

Pu-240

0.1

Pu-241

1

Pu-242

0.1

Pu-243

102

Pu-244+

0.1

Am-241

0.1

Am-242

102

Am-242m+

0.1

Am-243+

0.1

Cm-242

1

Cm-243

0.1

Cm-244

0.1

Cm-245

0.1

Cm-246

0.1

Cm-247+

0.1

Cm-248

0.1

Bk-249

10

Cf-246

10

Cf-248

1

Cf-249

0.1

Cf-250

0.1

Cf-251

0.1

Cf-252

0.1

Cf-253

1

Cf-253+

1

Cf-254

0.1

Es-253

1

Es-254+

0.1

Es-254m+

1

Fm-254

102

Fm-255

10

Any other solid or non-aqueous liquid radionuclide that is not of natural terrestrial or cosmic origin

0.01, unless the concentration which gives rise to the same 10 µSv/ year dose criteria as used in column 2 of this table can be calculated using guidance by Euratom in RP 122 part 15or any successor Euratom guidance or decision applying to the derivation of the concentrations in this table, in which case that concentration.

2

“The table 3 summation rule” means the sum of the quotient A/B where—

a

“A” means the concentration of each radionuclide listed in column 1 of Table 3 that is present in the substance or article, and

b

“B” means the quantity of that radionuclide specified in column 2 of Table 3.

Table 4Radionuclides in Secular Equilibrium

Parent radionuclide

Daughter radionuclides

Ac-227+

Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211

Ag-108m+

Ag-108

Ag-110m+

Ag-110

Am-242m+

Np-238

Am-243+

Np-239

Bi-212+

Tl-208

Cd-109+

Ag-109m

Cd-115+

In-115m

Cd-115m+

In-115m

Ce-144+

Pr-144, Pr-144m

Cf-253+

Cm-249

Cm-247+

Pu-243

Cs-137+

Ba-137m

Es-254+

Bk-250

Es-254m+

Fm-254

Fe-52+

Mn-52m

I-131+

Xe-131m

In-114m+

In-114

Mo-99+

Tc-99m

Mo-101+

Tc-101

Nb-97+

Nb-97m

Np-237+

Pa-233

Pb-210+

Bi-210, Po-210

Pb-212+

Bi-212, Tl-208

Pd-103+

Rh-103m

Pd-109+

Ag-109m

Pu-244+

U-240, Np-240m, Np-240

Ra-223+

Rn-219, Po-215, Pb-211, Bi-211, Tl-207

Ra-224+

Rn-220, Po-216, Pb-212, Bi-212, Tl-208

Ra-226+

Rn-222, Po-218, Pb-214, Bi-214, Po-214

Ra-228+

Ac-228

Ru-103+

Rh-103m

Ru-105+

Rh-105m

Ru-106+

Rh-106

Sb-125+

Te-125m

Sn-113+

In-113m

Sr-90+

Y-90

Sr-91+

Y-91m

Te-127m+

Te-127

Te-129m+

Te-129

Te-131m+

Te-131

Te-132+

I-132

Te-133+

I-133, Xe-133m, Xe-133

Te-133m+

Te-133, I-133, Xe-133m, Xe-133

Th-226+

Ra-222, Rn-218, Po-214

Th-228+

Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208

Th-229+

Ra-225, Ac-225, Fr-221, At-217, Bi-213, Tl-209, Pb-209

Th-232+

Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208

Th-232sec

Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208

Th-234+

Pa-234m, Pa-234

U-230+

Th-226, Ra-222, Rn-218, Po-214

U-232+

Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208

U-235+

Th-231

U-235sec

Th-231, Pa-231, Ac-227, Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211

U-238+

Th-234, Pa-234m, Pa-234

U-238sec

Th-234, Pa-234m, Pa-234, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210

U-240+

Np-240m, Np-240

Zn-69m+

Zn-69

Zr-95+

Nb-95m

Zr-97+

Nb-97m, Nb-97

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Radioactive Substances Act 1993 (“the Act”) in order to align it more closely with the structure and terminology used in the Basic Safety Standards Directive6.

Regulation 3 substitutes new sections 1A to 1J in place of the current sections 1 and 2 of the Act. These new provisions define the substances and articles which are classified as “radioactive material” or “radioactive waste” under the Act, and which are subject to the controls contained in later sections of the Act. Regulation 7 introduces a new Schedule 1A, which is substituted for the current Schedule 1 to the Act and supplements new sections 1A to 1D.

Regulation 4(1) repeals section 15(1) of the Act, which contains an exemption relating to clocks and watches. Other exemptions are contained in exemption orders made under section 15(2), and it is intended that this exemption will be subsumed in an updated exemption order under that subsection. Regulation 4(2)(a) contains an amendment which is consequential on the repeal of section 15(1), while regulation 4(2)(b) and (c) adjust the terminology in section 15(2) to ensure that the Act consistently refers to “exemption” rather than to both “exemption” and “exclusion”. Regulation 5 inserts new interpretive provisions into the Act which relate to terms used in the new provisions inserted by these Regulations, while regulation 6 makes consequential additions to the index of defined expressions in section 48 of the Act.

Regulation 8 repeals section 8(4) and (5) of the Act, which also contain provision relating to the exemption of clocks and watches. Regulation 9 contains transitional provisions.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Scottish Government Environmental Quality Division, Area 1-H North, Victoria Quay, Edinburgh EH6 6QQ.