Radiological Protection (Miscellaneous Provisions) Act 2014

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Insertion of new sections 34A and 34B in Act of 1991

40. The Act of 1991 is amended by the insertion of the following sections after section 34:

“Contingency plans

34A. (1) The Institute shall, from time to time, prepare plans (in this section referred to as ‘contingency plans’) setting out the procedures to be implemented in the event that there is a theft of or an accident or loss involving any nuclear material in or over the State.

(2) The Institute may amend or revoke a contingency plan.

(3) The Institute shall consult with the Minister prior to the preparation, amendment or revocation of a contingency plan.

(4) The Institute may, prior to the preparation, amendment or revocation of a contingency plan, consult with the Minister for Defence, the Minister for Justice and Equality, the Minister for Health or such other Ministers of the Government or persons as the Institute considers appropriate.

(5) A licence holder shall, if so directed by the Institute, furnish to the Institute such information as the Institute may require for the purposes of the preparation of a contingency plan.

(6) It shall be a condition of a nuclear facility licence and of a nuclear material licence that the licence holder shall assist and co-operate with the Institute in the implementation of a contingency plan.

Quality assurance

34B. (1) The Institute shall, following consultation with the Minister, formulate specifications (in this section referred to as ‘standard specifications’) for measures to prevent—

(a) the theft, unlawful obtaining or intentional dispersal of nuclear material, and

(b) the sabotage of nuclear facilities.

(2) The Institute may revoke or amend a standard specification.

(3) In formulating, revoking or amending a standard specification, the Institute shall take account of the latest guidelines and standards relating to the physical protection of nuclear material and nuclear facilities issued by relevant international bodies.

(4) In formulating, revoking or amending a standard specification for the purposes of paragraph (a) of subsection (1), the Institute shall take account of—

(a) the nature of the nuclear material to which the standard specification relates,

(b) the quantity of the nuclear material to which the standard specification relates,

(c) the potential for harmful radiological effects to a person, property or the environment should nuclear material to which the standard specification relates be used for the purposes of, or in connection with, the commission of an offence, and

(d) the current assessment by the Institute, in consultation, as necessary, with the Garda Síochána and any other authority the Institute considers appropriate, of the threat of the theft of nuclear material to which the standard specification relates.

(5) In formulating, revoking or amending a standard specification for the purposes of paragraph (b) of subsection (1), the Institute shall take account of—

(a) the nature of the nuclear facilities to which the standard specification relates,

(b) the potential for harmful radiological effects to a person, property or the environment should a nuclear facility to which the standard specification relates be damaged or its operation be interfered with, and

(c) the current assessment by the Institute, in consultation, as necessary, with the Garda Síochána and any other authority the Institute considers appropriate, of the threat of a nuclear facility to which the standard specification relates being damaged or its operation being interfered with.

(6) It shall be a condition of a nuclear facility licence and of a nuclear material licence that the licence holder shall comply with all standard specifications applicable to the subject matter of the licence.

(7) The Institute shall carry out inspections of—

(a) nuclear facilities,

(b) the places at which nuclear materials are being used or stored, and

(c) vehicles being used to transport nuclear materials,

to verify compliance with standard specifications.

(8) Inspections of each nuclear facility and each place at which nuclear materials are being used or stored shall be carried out not less than once in every 12 month period.

(9) Inspections of vehicles being used to transport nuclear materials shall be carried out when the Institute considers it appropriate to do so, taking into account the latest guidelines and standards relating to the physical protection of nuclear material and nuclear facilities issued by relevant international bodies.

(10) The Institute may request the Garda Síochána—

(a) to advise the Institute in relation to the verification of compliance with standard specifications, and

(b) to assist the Institute in carrying out an inspection under subsection (7).

(11) Where the Institute is satisfied following an inspection under subsection (7) that a licence holder is not in compliance with a standard specification, the Institute may issue a direction in writing to that licence holder specifying the remedial action required to comply with the requirements specified in the standard specification concerned and the timeframe for compliance with the direction.

(12) A licence holder shall comply with a direction under subsection (11) within such period as may be specified in the direction.

(13) Remedial action under subsection (11) may include similar, alternative or additional actions to be taken by the licence holder concerned to comply with the requirements specified in the standard specification concerned.

(14) A licence holder that is aggrieved by a direction issued under subsection (11) may, within the period of 30 days beginning on the day on which the direction is served on it, appeal to the High Court against the direction and, in determining the appeal, the judge may make any order he or she considers appropriate, including confirming the direction with or without modification, or cancelling the direction.

(15) A person who appeals under subsection (14) shall at the same time notify the Institute of the appeal and the grounds for the appeal and the Institute shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(16) Where an appeal under subsection (14) is taken, and the direction is not cancelled, the direction shall take effect on the later of—

(a) the day next following the day on which the direction is confirmed on appeal or the appeal is withdrawn, or

(b) the day specified in the direction.

(17) Where there is no appeal under subsection (14), the direction shall take effect on the later of—

(a) the end of the period for making an appeal, or

(b) the day specified in the direction.

(18) It shall be a condition of a nuclear facility licence and of a nuclear material licence that the licence holder shall comply with a direction issued to it under subsection (11).”.