The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002

Regulation 2(1)

SCHEDULE 1DEFINITIONS OF “MINE” AND “OWNER”

PART IDEFINITION OF “MINE”

1.  In these Regulations, the expression “mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals.

2.  For the purposes of these Regulations, subject to paragraph 3, there shall be deemed to form part of a mine so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the shafts or outlets of the mine as is occupied together with the mine for the purpose of, or in connection with, the working of the mine, the treatment, preparation for sale, consumption or use, storage or removal from the mine of the minerals or products thereof gotten from the mine or the removal from the mine of the refuse thereof.

3.  For the purposes of these Regulations, there shall not be deemed to form part of a mine premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the mine or the preparation for sale of minerals gotten therefrom.

4.  For the purposes of these Regulations, premises for the time being used for depositing refuse from a single mine, being premises exclusively occupied by the owner of that mine, shall be deemed to form part of that mine, and premises for the time being used for depositing refuse from two or more mines, being premises occupied by the owner of one of those mines (either exclusively or jointly with the owner of the other or any of the others) shall be deemed to form part of such one of those mines as the Executive may direct.

5.  For the purposes of these Regulations, a railway line serving a single mine (not being a railway line falling within paragraph 2 or a railway line belonging to a railway company) shall be deemed to form part of that mine and a railway line jointly serving two or more mines (not being a railway line falling within paragraph 2 or a railway line belonging to a railway company) shall be deemed to form part of such one of them as the Executive may direct.

6.  For the purposes of these Regulations, a conveyor or aerial ropeway provided for the removal from a mine of minerals gotten therefrom or refuse therefrom shall be deemed to form part of a mine.

PART IIMEANING OF “OWNER”

7.  Subject to paragraph 8, in these Regulations, the expression “owner” means, in relation to a mine, the person for the time being entitled to work it.

8.  Where the business of a person who, by virtue of paragraph 7 is, for the purposes of these Regulations, to be taken to be the owner of a mine is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of these Regulations to be an additional owner of the mine.

Regulation 5

SCHEDULE 2REVOCATIONS

Regulation 30

SCHEDULE 3TRANSITIONAL PROVISIONS

PART IINTERPRETATION

1.  In this Schedule—

“the 1973 International Safety Regulations” means the 1973 or the 1973 (as amended) Edition of the Regulations for the Safe Transport of Radioactive Material, published by the IAEA, Safety Series No. 6 (ISBN 92-0-623179-0);

“the 1985 International Safety Regulations” means the 1985 or the 1985 (as amended 1990) Edition of the Regulations for the Safe Transport of Radioactive Material, published by the IAEA, Safety Series No. 6 (ISBN 92-0-123890-8);

“excepted package” means a package which is designed to meet the requirements of paragraphs 505 to 514 of the 1985 International Safety Regulations;

“the IAEA” means the International Atomic Energy Agency Vienna(1);

“Industrial package Type IP-1” means a packaging, tank or container containing low specific activity material or a surface contaminated object which is designed to meet the requirements of paragraphs 505 to 514 of the 1985 International Safety Regulations;

“Industrial package Type IP-2” means a packaging, tank or container containing low specific activity material or a surface contaminated object which is designed to meet the requirements of paragraphs 505 to 514, and, where applicable, paragraphs 519 and 521 to 523, of the 1985 International Safety Regulations;

“Industrial package Type IP-3” means a packaging, tank or container containing low specific activity material or a surface contaminated object which is designed to meet the requirements of paragraphs 505 to 514, and, where applicable, paragraphs 520 to 523, of the 1985 International Safety Regulations;

“Type A package” means a packaging, tank or container containing special form radioactive material up to A₁ or radioactive material, other than special form radioactive material, up to A₂, which is designed to meet the requirements of paragraphs 505 to 514, and, where applicable, paragraphs 524 to 540 of the 1985 International Safety Regulations.

PART IIPACKAGES NOT REQUIRING COMPETENT AUTHORITY APPROVAL OF DESIGN UNDER THE 1985 INTERNATIONAL SAFETY REGULATIONS

2.  This Part of this Schedule has effect in relation to—

(a)excepted packages;

(b)Industrial packages Type IP-1;

(c)Industrial packages Type IP-2;

(d)Industrial packages Type IP-3;

(e)Type A packages,

whose design did not require the approval of a competent authority in accordance with the 1985 International Safety Regulations.

3.  Any person may use for the carriage of radioactive material a package referred to in paragraph 2 manufactured before 1st January 2004 if, in relation to the package in question—

(a)all the requirements contained in regulation 19(2) are complied with by the persons, referred to in regulation 19(1), who are under a duty to comply with such requirements; and

(b)the activity limits and material restrictions contained in RID paragraph 2.2.7.7 are complied with.

4.  No person shall use for the carriage of radioactive material a package referred to in paragraph 2 which is manufactured after 31st December 2003 unless the package meets the requirements of these Regulations and RID.

5.  Subject to paragraph 6, no person shall use for the carriage of radioactive material a package referred to in paragraph 2 which is modified after 31st December 2003 unless the package meets the requirements of these Regulations and RID.

6.  Paragraph 5 shall not apply where the modification in question is made in order to, and does, improve the safety of the package.

7.  Any person may use for the carriage of radioactive material a package referred to in paragraph 2 which has been prepared for transport in accordance with the requirements of the 1985 International Safety Regulations before 1st January 2004.

8.  No person shall use for the carriage of radioactive material a package referred to in paragraph 2 which has been prepared for transport after 31st December 2003, unless that package meets the requirements of these Regulations and RID.

PART IIIPACKAGE DESIGNS APPROVED UNDER THE 1973 INTERNATIONAL SAFETY REGULATIONS

9.—(1) This Part of this Schedule has effect in relation to packagings which have been manufactured to a package design approved by a competent authority in accordance with the 1973 International Safety Regulations.

(2) For the purposes of this paragraph, evidence that a package design has been approved by a competent authority in accordance with the 1973 International Safety Regulations shall be in the form of an approval certificate issued by the competent authority in question certifying that the package design meets the requirements of the 1973 International Safety Regulations, irrespective of any period of limitation on the approval certificate.

10.—(1) Any person may use for the carriage of radioactive material a packaging referred to in paragraph 9 if and for so long as, in relation to the packaging in question—

(a)the package design has been granted multilateral approval;

(b)all the requirements contained in regulation 19(2) are complied with by the persons, referred to in regulation 19(1), who are under a duty to comply with such requirements; and

(c)the activity limits and material restrictions specified in RID Paragraph 2.2.7.7 are complied with.

(2) For the purposes of sub-paragraph (1)(a) of this paragraph, evidence that a package design has been granted multilateral approval shall be in the form of an approval certificate issued by the Secretary of State certifying that the package design meets the requirements of the 1973 International Safety Regulations.

11.  No person shall commence the manufacture of a packaging to a design referred to in paragraph 9 after the date on which these Regulations come into force.

12.  Where—

(a)a person makes changes to—

(i)a package design referred to in paragraph 9, or

(ii)the nature or quantity of the authorised radioactive contents of the package in question; and

(b)that person is notified by the Secretary of State that he is of the opinion that the changes would adversely affect safety to a significant extent,

that person shall ensure that the requirements of these Regulations and RID are complied with.

13.  A person who carries or causes to be carried radioactive material in a packaging referred to in paragraph 9 shall ensure that a serial number is allocated to, and marked on the outside of, the packaging in accordance with RID sub-paragraph 5.2.1.7.5.

PART IVPACKAGE DESIGNS APPROVED UNDER THE 1985 INTERNATIONAL SAFETY REGULATIONS

14.—(1) This Part of this Schedule shall have effect in relation to a packaging which has been manufactured to a package design approved by a competent authority in accordance with the 1985 International Safety Regulations.

(2) For the purposes of this paragraph, evidence that a package design has been approved by a competent authority in accordance with the 1985 International Safety Regulations shall be in the form of an approval certificate issued by the competent authority in question certifying that the package design meets the requirements of the 1985 International Requirements, irrespective of any period of limitation on the approval certificate.

15.  Up to and including 31st December 2003, any person may use for the carriage of radioactive material a packaging referred to in paragraph 14 if and for so long as, in relation to the packaging in question—

(a)all the requirements contained in regulation 19(2) are complied with by the persons, referred to in regulation 19(1), who are under a duty to comply with such requirements; and

(b)the activity limits and material restrictions specified in RID paragraph 2.2.7.7 are complied with.

16.  After 31st December 2003, any person may use for the carriage of radioactive material a packaging referred to in paragraph 14 if, in relation to the packaging in question—

(a)the package design has been granted multilateral approval;

(b)all the requirements contained in regulation 19(2) are complied with by the persons, referred to in regulation 19(1), who are under a duty to comply with such requirements; and

(c)the activity limits and material restrictions specified in RID paragraph 2.2.7.7 are complied with.

17.  Where—

(a)a person makes changes to—

(i)a package design referred to in paragraph 14, or

(ii)the nature or quantity of the authorised radioactive contents of the package in question; and

(b)that person is notified by the Secretary of State that he is of the opinion that the changes would adversely affect safety to a significant extent,

that person shall ensure that the requirements of these Regulations and RID are complied with.

18.  Any person who manufactures a packaging to a design referred to in paragraph 14 after 31st December 2006 shall ensure that the packaging meets the requirements of these Regulations and RID.

PART VSPECIAL FORM RADIOACTIVE MATERIAL APPROVED UNDER THE 1973 INTERNATIONAL SAFETY REGULATIONS OR THE 1985 INTERNATIONAL SAFETY REGULATIONS

19.  This Part of this Schedule has effect in relation to special form radioactive material which has been manufactured to a design granted unilateral approval by a competent authority in accordance with the 1973 International Safety Regulations or the 1985 International Safety Regulations.

20.  Up to and including 31st December 2003, any person may use special form radioactive material referred to in paragraph 19 if and for so long as all the requirements contained in regulation 19(2) are complied with by the persons, referred to in regulation 19(1), who are under a duty to comply with such requirements.

21.  Any person who manufactures special form radioactive material to a design referred to in paragraph 19 after 31st December 2003 shall ensure that the special form radioactive material meets the requirements of these Regulations and RID.

Regulation 32

SCHEDULE 4AMENDMENTS TO THE RADIATION (EMERGENCY PREPAREDNESS AND PUBLIC INFORMATION) REGULATIONS 2001

Interpretation

1.  In this Schedule, “the principal Regulations” means the Radiation (Emergency Preparedness and Public Information) Regulations 2001(2).

Amendment of the principal Regulations

2.  The principal Regulations shall be amended in accordance with paragraphs 3 to 10 of this Schedule and any reference in those paragraphs to any specified provision shall be taken to be a reference to the provision so specified of the principal Regulations.

3.  In regulation 2(1)—

(a)the definition “the 1996 Regulations” shall be omitted; and

(b)after the definition of the 1999 Regulations there shall be inserted the following definition—

““the 2002 Regulations” means the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002;”.

4.  In regulation 3—

(a)in paragraph (1), for the words “regulation 17” there shall be substituted the words “with the exception of regulation 17”;

(b)in paragraph (4), except sub-paragraph (d), wherever they appear, for the words “1996 Regulations” there shall be substituted the words “2002 Regulations”;

(c)for paragraph (4)(d) there shall be substituted the following paragraph—

“(d)any radioactive substance contained in a package which complies in every respect as to its design with the requirements for—

(i)a Type B(M) package or a Type B(U) package within the meaning of the 2002 Regulations; or

(ii)a Type C package within the meaning of the 2002 Regulations; or

(iii)a consignment carried under special arrangement for the equivalent of a Type B(M) package, a Type B(U) package or a Type C package within the meaning of the 2002 Regulations,

and which, in each case, has been approved pursuant to those Regulations as complying with them or where the transport forms part of an international transport operation as is referred to in regulation 4(2) of the 2002 Regulations;”.

5.  In regulation 18(3), for the words “to the extent that this regulation” there shall be substituted the words “in relation to Her Majesty’s Forces to the extent that compliance with those requirements”.

6.  In regulation 19, for the words “regulations 17 and 21” there shall be substituted the words “regulation 17”.

7.  Regulation 22 shall be revoked.

8.  In Part I of Schedule 2, in column 3 (Quantity (Bq)), for the quantity “11,⁰¹²” stated opposite the radionuclide name Barium, symbol Ba-139, there shall be substituted the quantity “1 10¹²”.

9.  In paragraph 2 of Part II of Schedule 2, for the words “Part 1” there shall be substituted the words “Part I”.

10.  In Note 3 to Part I of Schedule 4, for the symbol “O₃” there shall be substituted the symbol “UO₃”.