Radiological Protection Act, 1991

• Jurisdiction: Ireland
• Citation: IR No. 9/1991

Number 9 of 1991
RADIOLOGICAL PROTECTION ACT, 1991
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Orders and regulations. 4. Expenses.
PART II
Radiological Protection Institute of Ireland
5. Establishment day. 6. Establishment of Radiological Protection Institute of Ireland. 7. General functions of Institute. 8. Particular functions of Institute. 9. Conferral of additional functions on Institute. 10. Charges for services. 11. Chief Executive Officer. 12. Staff of Institute. 13. Superannuation of staff of Institute. 14. Membership of either House of Oireachtas or of European Parliament by members or staff of Institute. 15. Advances by Minister to Institute. 16. Accounts and audits of Institute. 17. Reports and information to Minister. 18. Committees of Institute. 19. Power to accept subscriptions and donations. 20. Directions by Minister to Institute. 21. Dissolution of Board. 22. Transfer of assets and liabilities of Board to Institute. 23. Preservation of certain continuing contracts and adaptation of references to Board. 24. Saving for certain acts. 25. Pending legal proceedings. 26. Completion of certain matters commenced by Board.
PART III
Control and Protection of Radioactive Substances, etc.
27. Competent authority. 28. Appointment of inspectors. 29. Powers of inspectors. 30. Control of radioactive substances, etc. 31. Regulations concerning levels of activity. 32. Regulations and orders to be made by certain Ministers. 33. Slaughter of animals, etc., destruction of crops, etc. and disposal of eggs, fish, etc. 34. Notification of accidents, etc.
PART IV
Miscellaneous
35. Convention countries. 36. Disclosure of confidential information. 37. Certificates. 38. Offences relating to nuclear material. 39. Proceedings by virtue of section 38 of this Act. 40. Offences and penalties. 41. Prosecutions. 42. Compensation. 43. Repeals and amendment of Safety, Health and Welfare at Work Act, 1989. 44. Saver of orders made under Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971. 45. Amendment of Health Act, 1953. 46. Amendment of Factories Act, 1955. 47. Exemption from stamp duty.
FIRST SCHEDULE
The Radiological Protection Institute of Ireland
SECOND SCHEDULE
Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency
THIRD SCHEDULE
Convention on Early Notification of a Nuclear Accident
FOURTH SCHEDULE
Convention on the Physical Protection of Nuclear Material
Acts Referred to European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Act, 1984 1984, No. 6 Extradition Acts, 1965 to 1987 Factories Act, 1955 1955, No. 10 Finance Act, 1895 1895, c. 16 Health Act, 1947 1947, No. 28 Health Act, 1953 1953, No. 26 Holidays (Employees) Act, 1973 1973, No. 25 Larceny Act, 1916 1916, c. 50 Minimum Notice and Terms of Employment Acts, 1973 and 1984 Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971 1971, No. 12 Redundancy Payments Acts, 1967 to 1984 Sale of Food and Drugs Acts, 1875 to 1936 Safety, Health and Welfare at Work Act, 1989 1989, No. 7 Unfair Dismissals Act, 1977 1977, No. 32 Wildlife Act, 1976 1976, No. 39
Number 9 of 1991
RADIOLOGICAL PROTECTION ACT, 1991
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN INSTITUTE TO BE CALLED THE RADIOLOGICAL PROTECTION INSTITUTE OF IRELAND, TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE DISSOLUTION OF AN BORD FUINNIMH NÚICLÉIGH AND THE TRANSFER OF ITS FUNCTIONS TO THE RADIOLOGICAL PROTECTION INSTITUTE OF IRELAND, TO AUTHORISE THE MAKING OF REGULATIONS PRESCRIBING LEVELS OF ACTIVITY AND SPECIFYING MATTERS TO BE DONE IN THE EVENT OF SPECIFIED LEVELS BEING EXCEEDED AND TO GIVE EFFECT TO THE CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT DONE AT VIENNA ON THE 26th DAY OF SEPTEMBER, 1986, THE CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY DONE AT VIENNA ON THE 26th DAY OF SEPTEMBER, 1986, AND THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL DONE AT VIENNA ON THE 26th DAY OF OCTOBER, 1979, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [11th May, 1991]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Radiological Protection Act, 1991.
	Interpretation.	2.—In this Act, except where the context otherwise requires—
	“activity” means the number of nuclear disintegrations which occur per unit of time in a radioactive substance;
	“animals” means all animals excluding fish, poultry and fauna;
	“the Assistance Convention” means the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency done at Vienna on the 26th day of September, 1986, the text whereof is set out in the Second Schedule to this Act;
	“the Board” means An Bord Fuinnimh Núicléigh;
	“bottled water” means water for human consumption packaged in containers for sale;
	“carcase” means the carcase of an animal, poultry or fauna and includes part of a carcase and the meat, bones, hide, blood, skin, pelt, hair, fur, wool, feathers, hooves, horns, offal or any other part of an animal, poultry or fauna separately or otherwise, or any portion thereof;
	“convention country” means a country other than the State for the time being standing designated under section 35 of this Act;
	“crops” includes any agricultural or horticultural crop, tree, bush, seed, plant and any part of a seed or plant;
	“the establishment day” means the day appointed by the Minister under section 5 of this Act;
	“fauna” has the meaning assigned to it by the Wildlife Act, 1976 ;
	“feeding stuff” means products which are intended only for animal nutrition;
	“fish” includes all marine invertebrates, all crustaceans and molluscs found in the sea, and brood and spawn of fish, and references to fish shall be construed as including references to part of that fish;
	“fishery products” includes fish which has been treated in any way for consumption by individuals or animals or for use as fish feed for poultry and fauna;
	“food” has the meaning assigned to it by section 53 of the Health Act, 1947 ;
	“functions” includes powers and duties;
	“an inspector” means a person appointed under section 28 of this Act by the Institute, or the Minister for Agriculture and Food, or the Minister for Finance, or the Minister for the Marine, or the Minister for Health, as the case may be, to be an inspector for the purposes of this Act and orders or regulations made under this Act;
	“the Institute” has the meaning assigned to it by section 6 of this Act;
	“ionising radiation” means radiation consisting of photons or particles capable of producing ions, either directly or indirectly, and includes X-rays and gamma rays, alpha particles, beta particles, electrons, positrons, protons, neutrons and heavy particles;
	“irradiating apparatus” means an apparatus capable of producing ionising radiation;
	“medical or dental application” means the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect through the use of radioactive substances, nuclear devices or irradiating apparatus as prophylactic, diagnostic or therapeutic agents;
	“the Minister” means the Minister for Energy;
	“non-ionising radiation” means radiation consisting of photons or particles which is incapable of producing ions either directly or indirectly;
	“the Notification Convention” means the Convention on Early Notification of a Nuclear Accident done at Vienna on the 26th day of September, 1986, the text whereof is set out in the Third Schedule to this Act;
	“nuclear device” includes any machine or apparatus the operation of which involves the use of a radioactive substance, an irradiating apparatus or a nuclear reactor;
	“nuclear material” has the meaning assigned to it by Article 1 of the Protection Convention;
	“nuclear reactor” means a structure containing radioactive substances and in which a self-sustaining and controlled process of nuclear fission or fusion can occur;
	“the 1977 Order” means the Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977 (No. 166 of 1977), continued in force by section 44 of this Act;
	“patient” means a person undergoing a medical or dental application;
	“poultry” means all birds except fauna;
	“prescribed levels” means levels of activity prescribed by a regulation made under section 31 of this Act;
	“the Protection Convention” means the Convention on the Physical Protection of Nuclear Material done at Vienna on the 26th day of October, 1979, the text whereof is set out in the Fourth Schedule to this Act;
	“radioactive substance” means any substance capable of emitting ionising radiation and includes any radionuclide, whether natural or artificial;
	“radiological emergency” means an accident, occurrence or incident or threat thereof anywhere which causes, or may cause any individual, animal, fauna, poultry, eggs, crops, fish, seaweed, soil, minerals (including rocks of all descriptions), air, water or other thing in the State to be exposed to significant levels of ionising radiation;
	“radiological hazards” means the...