Commentary on Sections Schedule 7 – Part 1: amendments of other enactments Section 58 – Radiation protection functions
627.This section confers functions on the Secretary of State in relation to protecting the public from radiation. These are functions previously carried out by the HPA.
628.This section applies in relation to Wales, Scotland and Northern Ireland. It does not apply in relation to England (see subsection (10)). Provision for protecting the public in England from radiation is made in new section 2A of the NHS Act 2006 (Secretary of State’s duty as to protection of public health), as inserted by section 11.
629.Subsection (1) imposes a general duty in relation to protecting the public from radiation on the ‘appropriate authority’. Under subsections (8) and (9) the appropriate authority in relation to Wales is the Secretary of State; the appropriate authority in relation to Scotland is the Secretary of State where the matter is not devolved and the Scottish Ministers where the matter is; and the appropriate authority in relation to Northern Ireland is the Secretary of State where the matter is not devolved and the DHSSPS in Northern Ireland where it is.
630.Subsection (2) specifies some of the steps an appropriate authority may take to protect the public against radiation, in compliance with the duty under subsection (1).
631.Subsection (3) provides the appropriate authority with a general power to do things which it considers appropriate to facilitate the discharge of the duty under subsection (1) or which is incidental or conducive to it.
632.Subsection (4) enables the appropriate authority to charge for its activities in relation to radiation protection, including on a commercial basis.
633.Subsections (5) and (6) require the appropriate authority to consult the Health and Safety Executive or the Health and Safety Executive for Northern Ireland and have regard to its policies when taking steps in relation to a matter concerning radiation in respect of which either Executive also has a function.