Containment of Nuclear Weapons Act 2003


13.—(1) The Minister may, in consultation with the Minister for Enterprise, Trade and Employment or, as the case requires, the Revenue Commissioners, for the primary purpose of facilitating the gathering of information and the monitoring of activities relating to the location, quantities and movement in, into and out of the State of things for the purposes of the Protocol, make such regulations as he or she considers necessary or expedient for carrying out and giving effect to this Act and the Protocol.

(2) Without prejudice to the generality of subsection (1), the regulations may—

(a) designate an authority to be the National Authority for the purposes of this Act in place of the Radiological Protection Institute of Ireland,

(b) assign to the National Authority, the Minister for Enterprise, Trade and Employment and the Revenue Commissioners authority and responsibility for the performance of functions of the State under the Protocol, relating to—

(i) the collection and reporting of information about the location, construction of and activities at facilities,

(ii) the format and procedures for the collection and transfer of information for the purposes of the Protocol,

(iii) the scale of operations and estimation of production capacity at facilities,

(iv) the location within the State, and import and export of, equipment and material, and

(v) the location within the State, and use or proposed use, of materials of or in excess of particular quantities,

and regulate the performance of those functions and responsibilities,

(c) prescribe matters in respect of which the implementation of specified provisions of the Protocol that is the responsibility of the State may be entrusted to the Commission of the European Communities as provided in Annex III,

(d) prescribe conditions under which activities referred to in section 3 (a) or (b) may be carried on, under licence or otherwise, so that there is a full disclosure and assurance of the provision of information for the purposes of the Protocol,

(e) provide for the issue, variation, suspension and cancellation of licences for the carrying out of such activities,

(f) provide for the payment of fees, and the manner of calculating the fees, in respect of such licences,

(g) prescribe the extent to which licensing functions performed by the Radiological Protection Institute of Ireland under section 30 of the Radiological Protection Act 1991 , as amended, may govern the carrying on of an activity referred to in section 3 ,

(h) regulate access to locations and facilities within the State by the Agency and officials of the Agency in accordance with the Protocol,

(i) regulate the privileges and immunities of officials of the Agency by reference to the Agreement on the Privileges and Immunities of the International Atomic Energy Agency approved by the Board of Governors of the Agency on 1 July 1959, the instrument of acceptance of which was deposited by the State on 29 February 1972,

(j) prescribe the procedures to be followed by authorised officers performing their functions under this Act or for the purposes of the Protocol, and

(k) prescribe anything that by this Act is required or permitted to be prescribed.

(3) Regulations made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling a regulation is passed by either House within the next 21 days on which that House has sat after a regulation is laid before it, the regulation is annulled accordingly but without prejudice to the validity of anything previously done under the regulation.