Radiological Protection Act 1970
| Year | 1970 |
Radiological ProtectionAct 1970
1970 CHAPTER 46
An Act to provide for the establishment of a National Radiological Protection Board and an Advisory Committee, with functions concerning the protection of people from radiation hazards; and for connected purposes.
[29th May 1970]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 The National Radiological Protection Board and its functions.
(1) There shall be a public authority, to be called the National Radiological Protection Board (in this Act referred to as ‘the Board’), whose function it shall be—
(a ) by means of research and otherwise, to advance the acquisition of knowledge about the protection of mankind from radiation hazards; and
(b ) to provide information and advice to persons (including government departments) with responsibilities in the United Kingdom in relation to the protection from radiation hazards either of the community as a whole or of particular sections of the community.
(2) The Board shall have power—
(a ) to provide technical services to persons concerned with radiation hazards; and
(b ) to make charges for such services, and for providing information and advice.
(3) The foregoing subsections shall not be treated as transferring to the Board any functions exercisable by a government department under any enactment; but the Board shall, in accordance with directions given to them by the Health Ministers—
(a ) assume responsibility for the Radiological Protection Service heretofore provided by the Medical Research Council; and
(b ) carry on in place of the United Kingdom Atomic Energy Authority (hereinafter called ‘the Atomic Energy Authority’) such activities related to the effect of radiation hazards on health and safety and heretofore carried on by that Authority as may be specified in the directions.
(4) In this Act—
(a ) subject to subsection (8) below, ‘the Health Ministers’ means the following Ministers acting jointly:—
the Secretary of State for Social Services;
the Secretary of State for Scotland;
the Secretary of State for Wales; and
the Minister of Health and Social Services for Northern Ireland;
(b ) references to the Secretary of State are to the Secretary of State for Social Services; and
(c ) ‘radiation hazards’ means the dangers of ionising radiations emitted by radioactive substances or other sources.
(5) The functions of the Advisory Committee established under section 6 of the Radioactive Substances Act 1948 are hereby transferred to the Board, and the Committee shall cease to exist.
(6) The Secretary of State, after consultation with the Atomic Energy Authority and the Medical Research Council, may by order—
(a ) confer on the Board any new function for purposes connected with the protection of mankind from radiation hazards, or from the dangers of radiation which is electro-magnetic, but not ionising; or
(b ) terminate any function conferred on the Board by or under this Act; or
(c ) vary any such function, so however as not to confer on the Board any new function which could not be conferred on them in accordance with paragraph (a ) of this subsection.
(7) In carrying out their functions the Board shall comply with any directions given to them by the Health Ministers; but those Ministers shall not give any direction to the Board except after consultation with the Atomic Energy Authority and the Medical Research Council.
(8) Any functions of the Health Ministers under this Act may, by agreement between them, be exercised by any one of them acting on behalf of all; and, without prejudice to the foregoing provision, any one of them may, without the others, give directions to the Board under subsection (7) of this section in relation to such functions of the Board as are exercisable solely in a part of the United Kingdom with respect to which that Minister has responsibilities.
2 General provisions about the Board.
(1) The Board shall consist of a chairman and not less than seven, nor more than nine, other members; and all the members of the Board shall be appointed by the Health Ministers after consultation with the Atomic Energy Authority and the Medical Research Council.
(2) The Secretary of State may, after consultation with the Board, by order amend the foregoing subsection by substituting for the number ‘seven’ or ‘nine’ (or both) a different number, whether larger or smaller.
(3) The provisions of Schedule 1 to this Act shall have effect with respect to the Board and its members, and to the proceedings and staff of the Board.
(4) Any land occupied by the Board shall be deemed, for the purposes of any rate on property, to be property occupied by or on behalf of the Crown for public purposes.
(5) For the purposes of the Factories Act 1961 , any premises belonging to or in occupation of the Board, and any building operations or works of engineering construction undertaken by or on behalf of the Board, shall be deemed to be premises belonging to or in occupation of the Crown or, as the case may be, to be operations or works undertaken by or on behalf of the Crown.
(6) Sections 1 to 51 of the Offices, Shops and Railway Premises Act 1963 and regulations made thereunder shall, as regards premises occupied by the Board, be enforceable by inspectors appointed under section 145 of the Factories Act 1961 and such persons (other than inspectors so appointed) as the Secretary of State for Employment and Productivity may authorise in that behalf.
(7) The Board shall be entitled to exemption from income tax and corporation tax—
(a ) under Schedules A, B and C;
(b ) under Schedule D in respect of any yearly interest or other annual payment received by the Board;
(c ) under Schedule F in respect of distributions received by the Board; and
(d ) in respect of chargeable gains;
and section 48(1) of the Finance Act 1965 (franked investment income) shall not apply to distributions received by the Board.
(8) For the purposes of section 2 of the Official Secrets Act 1911 (punishment for unauthorised disclosure of information by Crown servants and others),—
(a ) membership of, or any office or employment under, the Board shall be deemed to be an office under Her Majesty; and
(b ) any contract with the Board shall be deemed to be a contract with Her Majesty.
(9) Except as provided by this section, the Board shall not be taken to be a servant or agent of the Crown or to enjoy any status or immunity of the Crown, or to be exempt from any tax, duty, rate, levy or charge whatsoever, whether general or local; and its property shall not be taken to be property of, or property held on behalf of, the Crown.
3 Finance and accounts of the Board.
(1) The Secretary of State shall pay to the Board such sums out of moneys provided by Parliament as may be necessary to defray expenses incurred by the Board with his approval, so far as those expenses exceed any receipts derived from the exercise of the Board's functions and are not met out of moneys provided by the Parliament of Northern Ireland, or by the Atomic Energy Authority or the Medical Research Council, or out of moneys from other sources.
(2) The powers of the Atomic Energy Authority under section 2(2) of the Atomic Energy Authority Act 1954 (general functions of the Authority) shall include power to contribute to the expenses of the Board, whether general or particular.
(3) Moneys received by the Board in any financial year, whether from government departments or other persons and whether in respect of articles or property sold or services rendered or otherwise, shall be applied by the Board in such manner as the Secretary of State may, with the approval of the Treasury, direct; and any such direction may require the whole or any part of those moneys to be paid into the Consolidated Fund.
(4) The Board shall keep proper accounts and other records and shall prepare in respect of each financial year statements of account in such form as the Secretary of State may, with the approval of the Treasury, direct; and those statements shall, on or before 30th November next following the expiration of the financial year in...
To continue reading
Request your trial