Department of Energy and Climate Change

Exemption Orders review programme

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Exemption Orders review programme

As part of DECC’s aim to simplify regulation, we are reviewing the Exemption Orders under the Radioactive Substance Act 1993 to make them easier to use, while still ensuring they provide appropriate protection to human health and the environment. The programme will ensure future Exemption Orders:

  • are easier to follow and interpret
  • meet current legislative standards in terms of modern legal drafting requirements
  • are transparent

Programme Board

A Programme Board is overseeing the review, which was initiated by Defra and the Devolved Administrations in September 2006. It is expected to be complete in late 2010. The Board aims to meet three times a year.


The different Phases of the review

Phase I

Specific concerns about the current Exemption Orders were identified, culminating in a workshop in January 2007.

Phase II

DECC identified possible options for the new suite of Exemption Orders and assessed the most appropriate architecture. This included organising two workshops and an informal consultation process in late summer 2008.

  • Workshop July 2007: agreeing the rules and methodology for the options assessment process 
  • Informal consultation August 2008: on the suggested framework for Exemptions Regime
  • Workshop January 2008: option assessment elicitation
Phase III

Work drafting the new Exemption Orders based on the preferred framework and draft guidance wasundertaken and tested in a public workshop in Edinburgh.

A formal public consultation was held between 12 June to 4 September 2009. The consultation summary document was published in December 2009. Full details can be found on our Proposals for A Future Exemptions Regime under The Radioactive Substances Act 1993 and The Environmental Permitting Regulations 2010 web page.

Phase IV

In line with significant comments and contributions received during and subsequent to the formal public consultation, the proposed exemptions regime (including what material is outside scope of regulation) is being developed and further stakeholder engagement is currently taking place (see the Exemption Order review stakeholder engagement package web page). Please note that the deadline for comments is 6 October 2010.

It is proposed that the final Phase will bring the new exemptions regime into force in April 2011. Please note that in England and Wales, RSA 93 was migrated into Schedule 23 of the Environmental Permitting Regulations 2010 in April 2010 (with the exception of the exemption orders which remain in RSA 93 until this review is completed).

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