UK Offence Report

The Ionising Radiations (Outside Workers) Regulations 1993

UK Statutory Instrument 1993 No. 2379 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
29 September 1993
In force from
1 January 1994
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
European Communities Act 1972, Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement as respects Great Britain Council Directive 90/641/Euratom (OJ No. L349, 13.12.90, p.23) on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas. The Regulations have effect to protect the health of– an outside worker employed by an outside undertaking established in Great Britain who undertakes activities in a controlled area in the Communities under the control of an operator; and an outside worker employed by an outside undertaking established in the Communities who undertakes activities in a controlled area in Great Britain under the control of an operator. In addition to defining the terms used in these Regulations, regulation 2 applies certain of the interpretation provisions in regulation 2 of the Ionising Radiations Regulations 1985 (“the 1985 Regulations”) to these Regulations. Regulation 4 imposes duties on the outside undertaking to obtain from the operator information about the controlled areas in which an outside worker employed by it is to undertake activities, about the risks which might arise in the controlled area and to ensure that the dose of ionising radiation received by the outside worker is estimated. By regulation 5 the outside undertaking is required to provide the outside worker with a radiation passbook uniquely identified into which the particulars set out in the Schedule are to be entered. Under regulation 6, the operator is required to— satisfy himself that the outside worker is able to undertake the activities safely; to provide suitable radiation monitoring; and to enter into the outside worker’s radiation passbook an estimate of the dose of ionising radiation received by the outside worker in the course of those activities. The outside worker is required by regulation 7 to look after the radiation passbook and take reasonable steps to ensure that it is completed by the operator for whom he undertakes activities. Regulation 8 provides for a defence against a breach of duty under these Regulations where— the outside undertaking has entered into a written contract with the operator for him to perform that duty; or the operator has entered into a written contract with the outside undertaking for it to perform that duty, and, in either case, the breach of duty was a result of a failure by the party undertaking to perform that duty under the contract. The Regulations also make provisions relating to exemption certificates (regulation 10), extension outside Great Britain (regulation 11) and modifications relating to the Ministry of Defence etc. (regulation 12).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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