Health Act, 1953

Control of use, etc., of radio-active substances and irradiating apparatus.

59.—(1) In this section—

the word “substance” means a natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour, including a preparation or manufactured article or article which has been subjected to any artificial treatment or process;

the expression “radio-active substance” means a substance which consists of or contains any radio-active chemical element, whether natural or artificial;

the expression “medical radio-active substance” means a radio-active substance which may be used as a prophylactic, diagnostic or therapeutic agent in the prevention or treatment of any human ailment, infirmity, injury or defect;

the expression “medical irradiating apparatus” means irradiating apparatus which may be used as a prophylactic, diagnostic or therapeutic agent in the prevention or treatment of any human ailment, infirmity, injury or defect.

(2) The Minister may make regulations for the control of the storage, use, exportation or other disposal of medical radio-active substances generally or of any particular medical radio-active substance.

(3) The Minister may make regulations for the control of the manufacture, importation, distribution, sale, offering or keeping for sale, use, exportation or other disposal of medical irradiating apparatus generally or of any specified class of such apparatus.

(4) The Minister may make regulations for—

(a) the prevention of danger to the health of persons occupied in the use of radio-active substances or irradiating apparatus and of other persons whose health may be endangered by such use,

(b) ensuring the safe disposal of radio-active waste products resulting from the use of radio-active substances or irradiating apparatus.

(5) Regulations under this section may, in particular, make provision for all or any of the following matters:

(a) the enforcement and execution of the regulations—

(i) by officers of the Minister,

(ii) by health authorities and their officers,

(iii) with the consent of the Minister for Finance, by officers of Customs and Excise,

(iv) with the consent of the Minister for Industry and Commerce, by officers of that Minister,

(v) with the consent of the Minister for Agriculture, by officers of that Minister,

(b) the prohibition of the storage, use, exportation or other disposal of medical radio-active substances either absolutely or save subject to specified conditions (including the grant of a licence for such storage, use, exportation or other disposal),

(c) the prohibition of the manufacture, importation, distribution, sale, offering or keeping for sale, use, exportation or other disposal of irradiating apparatus either absolutely or save subject to specified conditions (including the grant of a licence for such manufacture, importation, distribution, sale, offering or keeping for sale, use, exportation or other disposal),

(d) the determination of the classes of persons to whom licences under the regulations are to be granted,

(e) the prescribing of conditions governing the grant, retention or renewal of licences under the regulations,

(f) the refusal or revocation of licences under the regulations,

(g) the giving and the taking, with or without payment (as the regulations may provide), of samples of radio-active substances,

(h) the imposition of charges (whether fixed, variable or partly fixed and partly variable) in respect of the grant, retention or renewal of licences under the regulations.

(6) Regulations under this section shall not prohibit absolutely the use by a registered medical practitioner in medical practice or by a registered dentist in dental practice of any radio-active substance or any irradiating apparatus, or require a registered medical practitioner or registered dentist to hold a licence for the use of radio-active substances or irradiating apparatus in medical practice or dental practice, as the case may be, or for the storage of such quantities of radio-active substances as may be reasonably required for his practice.

(7) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds and to forfeiture of any substance or apparatus in relation to which the offence was committed.

(8) An offence under this section may be prosecuted by the Minister or by the health authority in whose functional area the offence is committed.