Joint Committee on Statutory Instruments Thirty-Fourth Report



APPENDIX 2

Memorandum from the Department for Transport

RADIOACTIVE MATERIAL (ROAD TRANSPORT) REGULATIONS 2002 (S.I. 2002/1093)

  1. The Committee has asked the Department to submit a Memorandum on the following point:
  2. Explain the absence of a requirement in regulation 71(1) that an inspector must, if so required, produce some duly authenticated document showing his authority: compare section 5(1) of the 1991 Act where such a requirement is expressly mentioned in relation to powers of entry. Corresponding question on regulation 73 in relation to the power of an inspector or examiner to require the production of documents.

  3. Regulation 71(1) would normally be used to obtain a copy of the emergency plan and this would normally be requested by post or email. This plan contains similar information to that made public under regulation 26(1)(b) and (2)(c). If an inspector was attending at premises and asking for entry and production of documents at the site then section 5 of the 1991 Act would apply.
  4. Regulation 73 is precedented in regulation 29 of the revoked Regulations, the Radioactive Material (Road Transport) (Great Britain) Regulations 1996 (S.I. 1996/1350). We believe that the reason for not requiring the production of the authority was that there was considered to be less sensitivity about the production of documents, compared with rights of entry.

24th June 2002

 


 
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