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The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996

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PART IX:MISCELLANEOUS

Evaluation of radiation emissions

40.  For the purpose of ensuring that the carriage of radioactive material does not cause any injury to health or any damage to the environment, the Secretary of State shall arrange for periodic assessments to be carried out to evaluate the radiation emissions arising from such carriage.

Exemption certificates

41.—(1) Subject to paragraph (2), and to any provisions imposed by the Communities in respect of the transport of radioactive material by rail, the Health and Safety Executive may, by a certificate in writing, exempt—

(a)any person or class of persons;

(b)any radioactive material; or

(c)any package, overpack, freight container, tank container, tank wagon or wagon,

from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the Health and Safety Executive by a certificate in writing at any time.

(2) The Health and Safety Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to—

(a)any conditions which it proposes to attach to the exemption; and

(b)any other requirements imposed by or under any enactments which apply to the case,

it is satisfied that neither the health or safety of persons who are likely to be affected by the exemption will be prejudiced in consequence of it.

(3) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any person from all or any of the requirements or prohibitions imposed by these Regulations insofar as they relate to the carriage of any radioactive material and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State at any time by a further certificate in writing.

Defence

42.—(1) In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations it shall be a defence, subject to paragraphs (2) and (3), for the person charged to prove—

(a)that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called `the other person'); and

(b)that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(2) The person charged shall not be entitled to rely upon the defence referred to in paragraph (1) without leave of the court unless, within a period ending seven clear days—

(a)before the hearing to determine the mode of trial, where the proceedings are in England or Wales; or

(b)before the trial, where the proceedings are in Scotland,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

(3) For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.

International provisions

43.—(1) Where, in relation to the carriage of any radioactive material, any provision of regulations 3 to 29, 34 to 38 and 40 applies to a matter to which any specified international provision applies, it shall be sufficient compliance, in relation to that matter, with the provision of the particular regulation if the specified international provision is satisfied in respect of that matter.

(2) For the purposes of paragraph (1), the specified international provision means any provision of—

(a)ADR;

(b)the IMDG Code; or

(c)the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as revised or re-issued from time to time by the International Civil Aviation Organisation(1).

Transitional defence

44.  In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations prior to 1sst January 1997, it shall be a defence for the accused to prove that the radioactive material was carried, or, in the case of an alleged contravention of regulation 35, intended to be carried before 1st January 1997, in a package, freight container, tank container, tank wagon or wagon in accordance with the Carriage of Dangerous Goods by Rail Regulations 1994.

(1)

Current edition and supplement (1995—1996): Doc 9284-AN/905.

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