QLDIn ForceAct
Radiation Safety Act 1999
sec.88Immediate suspension of licence or accreditation certificate pending formal cancellation procedure
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### sec.88 Immediate suspension of licence or accreditation certificate pending formal cancellation procedure
This section applies if the chief executive believes—
a ground exists to cancel a licence; and
it is necessary to immediately suspend the licence until the formal cancellation procedure is completed—
in the interests of the health or safety of any person who may be exposed to radiation emitted from the radiation source to which the licence relates; or
because the environment may be harmed by exposure to radiation emitted from the radiation source to which the licence relates; or
because the security of a radiation source to which the licence relates is at risk.
This section also applies if the chief executive believes—
a ground exists to cancel an accreditation certificate; and
it is necessary, in the interests of the health or safety of any person, to immediately suspend the authority of the holder of the certificate to issue certificates of compliance for radiation sources or premises until the formal cancellation procedure is completed.
The chief executive may immediately suspend the licence or certificate.
The chief executive must immediately give an information notice about the decision to the holder of the licence or certificate.
The suspension takes effect immediately an information notice for the decision is given to the holder.
If, within 14 days after the chief executive suspends the licence or certificate, the chief executive gives the notice required by section 83 (1) , the suspension lasts until the first to happen of the following—
the chief executive cancels the suspension;
a decision to cancel the licence or certificate takes effect;
a decision is made not to cancel the licence or certificate.
However, if the notice required by section 83 (1) is not given within the period mentioned in subsection (6) , the suspension lapses at the end of the period, unless the chief executive has already cancelled the suspension.
s 88 amd 2010 No. 8 s 40
(sec.88-ssec.1) This section applies if the chief executive believes— a ground exists to cancel a licence; and it is necessary to immediately suspend the licence until the formal cancellation procedure is completed— in the interests of the health or safety of any person who may be exposed to radiation emitted from the radiation source to which the licence relates; or because the environment may be harmed by exposure to radiation emitted from the radiation source to which the licence relates; or because the security of a radiation source to which the licence relates is at risk.
(sec.88-ssec.2) This section also applies if the chief executive believes— a ground exists to cancel an accreditation certificate; and it is necessary, in the interests of the health or safety of any person, to immediately suspend the authority of the holder of the certificate to issue certificates of compliance for radiation sources or premises until the formal cancellation procedure is completed.
(sec.88-ssec.3) The chief executive may immediately suspend the licence or certificate.
(sec.88-ssec.4) The chief executive must immediately give an information notice about the decision to the holder of the licence or certificate.
(sec.88-ssec.5) The suspension takes effect immediately an information notice for the decision is given to the holder.
(sec.88-ssec.6) If, within 14 days after the chief executive suspends the licence or certificate, the chief executive gives the notice required by section 83 (1) , the suspension lasts until the first to happen of the following— the chief executive cancels the suspension; a decision to cancel the licence or certificate takes effect; a decision is made not to cancel the licence or certificate.
(sec.88-ssec.7) However, if the notice required by section 83 (1) is not given within the period mentioned in subsection (6) , the suspension lapses at the end of the period, unless the chief executive has already cancelled the suspension.
- (a) a ground exists to cancel a licence; and
- (b) it is necessary to immediately suspend the licence until the formal cancellation procedure is completed— (i) in the interests of the health or safety of any person who may be exposed to radiation emitted from the radiation source to which the licence relates; or (ii) because the environment may be harmed by exposure to radiation emitted from the radiation source to which the licence relates; or (iii) because the security of a radiation source to which the licence relates is at risk.
- (i) in the interests of the health or safety of any person who may be exposed to radiation emitted from the radiation source to which the licence relates; or
- (ii) because the environment may be harmed by exposure to radiation emitted from the radiation source to which the licence relates; or
- (iii) because the security of a radiation source to which the licence relates is at risk.
- (i) in the interests of the health or safety of any person who may be exposed to radiation emitted from the radiation source to which the licence relates; or
- (ii) because the environment may be harmed by exposure to radiation emitted from the radiation source to which the licence relates; or
- (iii) because the security of a radiation source to which the licence relates is at risk.
- (a) a ground exists to cancel an accreditation certificate; and
- (b) it is necessary, in the interests of the health or safety of any person, to immediately suspend the authority of the holder of the certificate to issue certificates of compliance for radiation sources or premises until the formal cancellation procedure is completed.
- (a) the chief executive cancels the suspension;
- (b) a decision to cancel the licence or certificate takes effect;
- (c) a decision is made not to cancel the licence or certificate.