Citation and commencement

1. —(1) These Regulations may be cited as the Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 and come into force on exit day.

(2) Any amendment made by these Regulations has the same extent and application as the provision to which it relates.

Amendment of the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

2. —(1)The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999( 2 ) are amended as follows.

(2) In regulation 2(1) for the definition of “EU environmental assessment” substitute—

“ “EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the Directive; ” .

(3) In regulation 3(8), after “the Directive” insert “as it applied in the United Kingdom immediately before exit day”.

(4) In regulations 3(9) and 8(2)(c), in the heading of regulation 12 and in each place it occurs in regulation 12, for “another EEA State” substitute “an EEA State”.

(5) In regulation 10B(3)(b), after “under” insert “any law of any part of the United Kingdom that implemented”.

(6) In regulation 12(5)—

(a) omit “, in accordance with Article 7.4 of the Directive”; and

(b) in sub-paragraph (b), for “the other” substitute “that”.

(7) In Schedule 1—

(a) in paragraph 5, for “at European Union or Member State level” substitute “in retained EU law or under the law of any part of the United Kingdom”;

(b) in paragraph 8—

(i) for “European Union legislation such as” substitute “retained EU law such as any law that implemented”; and

(ii) after “requirements of” insert “any law that implemented”.

(8) In Schedule 2, in paragraph 2(c)(vi), after “European Union legislation” insert “as it applied in the United Kingdom immediately before exit day, or in retained EU law”.

Amendment of the Justification of Practices Involving Ionising Radiation Regulations 2004

3. —(1)The Justification of Practices Involving Ionising Radiation Regulations 2004( 3 ) are amended as follows.

(2) In regulation 2 (application), for “applies to them” substitute “would, immediately before exit day, have applied to them”.

(3) In regulation 3 (interpretation)—

(a) in paragraph (2), for “Expressions” substitute “Subject to paragraph (2A), expressions”; and

(b) after paragraph (2) insert—

“ (2A) When reading the 2013 Directive for the purposes of these Regulations, Article 4(43) (definition of inspection) is to be read as if, for the words “any competent authority”, there were substituted “the Justifying Authority”. ” .

Amendment of the Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005

4. After paragraph 1(8) of Schedule 1 to the Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005( 4 ) insert—

“ (9) After subsection (9) insert—

“ (9A) When reading Council Directive 2013/59/Euratom for the purposes of subsection (9), Article 4(43) of that Directive (definition of inspection) is to be read as if, for the words “any competent authority”, there were substituted “the enforcing authority” ( 5 ) . ” . ” .

Amendment of the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006

5. In regulation 5 of the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006( 6 ), after paragraph (8) insert—

“ (9) After subsection (9) insert—

“ (9A) When reading Council Directive 2013/59/Euratom for the purposes of subsection (9), Article 4(43) of that Directive (definition of inspection) is to be read as if, for the words “any competent authority”, there were substituted “the enforcing authority”. ” . ” .

Amendment of the Radioactive Contaminated Land Regulations (Northern Ireland) 2006

6. In regulation 2 of the Radioactive Contaminated Land Regulations (Northern Ireland) 2006( 7 ), after paragraph (3) insert—

“ (4) When reading the Directive for the purposes of these Regulations, Article 4(43) of the Directive (definition of inspection) is to be read as if, for the words “any competent authority”, there were substituted “the Chief Inspector”. ”