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Ionising radiation meaning

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What does Ionising radiation mean?
In legal practice, ionising radiation describes radiation that removes electrons from atoms, creating ions; it underpins health and safety, nuclear, environmental, medical and personal injury work. It triggers duties on exposure control, authorisations and dose monitoring. In Great Britain, the Ionising Radiations Regulations 2017 define it to include alpha and beta particles, gamma rays, X‑rays and any other radiation capable of producing ions (including neutrons). Northern Ireland’s Ionising Radiations Regulations (Northern Ireland) 2017 adopt the same approach. In Ireland, the Radiological Protection Act 1991 and the Ionising Radiation Regulations 2019 (S.I. No. 30/2019) implement the EU Basic Safety Standards and use materially similar concepts. Examples in practice include alpha, beta, gamma, X‑rays and neutrons. Ultraviolet light is generally treated as non‑ionising and regulated separately, despite very high‑energy UV being capable of ionisation. Legally significant risks include acute tissue damage at high doses and increased long‑term cancer risk. Dutyholders must assess risk, restrict exposure (ALARP/optimisation), designate controlled areas, monitor and record doses, obtain registrations/consents and consult radiation protection specialists. Breach may lead to criminal enforcement and civil claims. Regulators include HSE/ONR (GB), HSENI (NI) and the EPA (Ireland).
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View the related Practice Notes about Ionising radiation

PRACTICE NOTES
Health and safety in nuclear decommissioning: legal framework, regulators' interfaces, emergency planning and post-Brexit/assimilated law developments

What is the impact of Brexit on the UK nuclear sector? As of 31 January 2020 (exit day), the UK ceased to be an EU Member State. From that date, a transition/implementation phase applied, during which the EU continued, for many purposes, to treat the UK as if it remained a Member State. Leaving the EU also entailed withdrawal from the Euratom Community. The transition ended at 11 pm (GMT) on 31 December 2020—known in UK law as ‘IP completion day’. At that point, key transitional measures expired and notable shifts started to apply across the UK’s legal framework. The UK’s exit from the EU likewise meant departure from Euratom. Any changes pertinent to this content are outlined below. Following IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) introduced a new category of domestic law—‘retained EU law’ (REUL)—comprising EU-derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) received Royal Assent...

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PRACTICE NOTES
Radioactive contaminated land regime: modified EPA 1990 Part IIA—scope, thresholds, regulatory roles, liability and remediation; implementation of BSSD 2013/59 and RCL Statutory Guidance

Extension of EPA Part IIA to radioactive contamination At first, land affected by radioactivity was excluded from the ambit of Part IIA of the Environmental Protection Act 1990 (EPA 1990). Section 78YC of EPA 1990 makes clear that the Pt IIA regime does not apply to harm, or water pollution, attributable to radioactivity. However, that section grants the Secretary of State authority to make regulations and guidance concerning radioactive substances. These powers have been used to create, in effect, a parallel Part IIA scheme for radioactive contaminated land: Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005, SI 2005/3467 Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006, SI 2006/1379 Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006, SI 2006/2988 The government has published legally binding statutory guidance explaining how local authorities and the Environment Agency should implement the radioactive contaminated land regime (the RCL Statutory Guidance) in England, with equivalent guidance issued for Wales. The RCL Statutory Guidance is distinct...

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PRACTICE NOTES
Archived 2017 Energy Legislation and Regulation Tracker: England and Wales and the European Union

ARCHIVED This Practice Note is archived and no longer maintained. This Energy legislation tracker presents key forthcoming legislation of interest to Energy lawyers from 1 January 2017. The tracker is divided into the following jurisdictions: England and Wales European Union Entries appear in reverse chronological order. Items applying solely to Wales are flagged on the tracker. England and Wales Ionising Radiations Regulations 2017 (SI 2017/1075) Key date: 1 January 2018 Status: Comes into force; In force Topics: Nuclear licensing and regulation These Regulations establish a framework to ensure occupational exposure to ionising radiation is kept as low as reasonably practicable. They transpose the occupational elements of Directive 2013/59/Euratom, which sets basic safety standards for protection against the dangers arising from ionising radiations. The Ionising Radiations Regulations 1999 are revoked. See: the occupational elements of Directive 2013/59/Euratom are transposed;...

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PRECEDENTS
Health and Safety Due Diligence: Document Request Checklist Covering COSHH, COMAH, RIDDOR, Asbestos, Fire, Legionella and Building Safety Act Compliance

Health and safety Please supply, where relevant, records covering: Health and safety policy; certifications (ISO 45001/45004, contractor accreditation); contents/index of the management system. Risk-based documentation: sample risk assessments (incl. explosion); COSHH inventory and assessments (SI 2002/2677); COMAH notifications, Major Accident Prevention Policy and, where relevant, Site Safety Report (SI 2015/483). Asbestos: surveys, register, management plans, clearance certificates, periodic checks, or basis confirming no asbestos. Fire safety: risk assessment and actions; inspection/maintenance of alarms, emergency lighting, extinguishers/sprinklers, smoke vents, dry/wet risers. Electrical and gas: most recent fixed‑wiring inspection and actions; latest gas plant service records. Water hygiene: legionella risk assessment/audit and management records (treatment, tank cleans, temperature checks); cooling tower/evaporative condenser notifications to the local authority. Lifting and machinery: inspection/test records, machinery safety assessments and example periodic/pre‑shift checks. Occupational exposure: noise surveys and airborne monitoring for any specified chemicals; ionising radiation records (personal dosimetry, authorised users, local rules, safety audit, risk assessment). Incidents and claims: accident/incident/near‑miss records for six...

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