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Departmental Legislation

Volume 503: debated on Thursday 7 January 2010

To ask the Secretary of State for Energy and Climate Change what criminal offences have been (a) created and (b) abolished by secondary legislation sponsored by his Department since 1 October 2008. (307801)

The offences we have identified include:

The Transfrontier shipments of radioactive waste and spent fuel regulations 2008 (SI 2008/3087)

The Transfrontier shipments of radioactive waste and spent fuel regulations 2008 (SI 2008/3087) continue to implement council directive 96/29/Euratom laying down basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation, and implement directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel. The regulations create several offences relating to the transfrontier shipment of radioactive waste or spent fuel without an authorisation granted by the Environment Agency (in England and Wales), the Scottish Environment Protection Agency (in Scotland) or the chief inspector appointed under the Radioactive Substances Act 1993 (in Northern Ireland).

Regulation 4(1) creates an offence of shipping radioactive waste or spent fuel to a destination outside the United Kingdom, or into the United Kingdom from a third country (except by way of transit), except in accordance with an authorisation. Regulation 4(2) creates an offence of shipping radioactive waste or spent fuel into the United Kingdom from another European member state except under the authority of an authorisation granted by that member state.

Regulation 5(1) creates an offence of shipping radioactive waste or spent fuel into the United Kingdom from a third country by way of transit to another member state except in accordance with an authorisation granted by the member state of destination.

Regulation 5(2) creates an offence of shipping radioactive waste or spent fuel into the United Kingdom from a third country for transit to another third country except in accordance with an authorisation by the UK authorities, or where relevant by the other member state.

Regulation 8(2) creates an offence of failing to notify the authorities within 15 days that a consignment of radioactive waste or spent fuel from outside the UK has been received.

Regulation 9(4) creates an offence of failing to notify the authorities that radioactive waste or spent fuel consigned from the UK to a different country has arrived, within 15 days of that arrival.

Regulation 10(2) creates an offence of failing to ensure that a shipment of radioactive waste or spent fuel is accompanied by the correct documents.

Regulation 11(2) creates an offence of making a false or misleading statement in an application under the regulations for authorisation in relation to shipping radioactive waste or spent fuel.

Regulation 14(3) creates an offence of failure to comply with an instruction of the authorities to return a consignment of radioactive waste or spent fuel to the country of origin, or to otherwise dispose of it.

Regulation 14(4)(b) creates an offence of failing to comply with a notice requiring the holder of an authorisation to take back any radioactive waste or spent fuel that has been sent out of the United Kingdom.

Regulation 15(2) creates an offence of failing to comply with a notice sent by the authorities requiring that information is sent or that actions are taken or are not taken in relation to the shipment of radioactive waste or spent fuel.

The regulations also revoke the “Transfrontier Shipment of Radioactive Waste Regulations 1993 (SI 1993/3031)” which contained in regulation 18 a set of offences which were similar in nature to the above new offences (although they did not apply to spent fuel).

Criminal Jurisdiction (Application to Offshore Energy Installation etc) Order 2009

Although not creating any new criminal offences, this order extends the existing criminal law regime in England and Wales and Scotland for acts or omissions that take place on and around a renewable energy installation in the UK’s renewable energy zone.