PART II

Radiological Protection Institute of Ireland

5. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

6. —(1) On the establishment day there shall stand established a body to be known as the Radiological Protection Institute of Ireland, and in this Act referred to as “the Institute”, to perform the functions conferred on it by or under this Act.

(2) The provisions of the First Schedule to this Act shall have effect with respect to the Institute.

7. —(1) The Institute shall, in addition to any other functions assigned to it by or under this Act, have the following general functions:

(a) to monitor activity or ionising radiation levels in any thing in the State and in any waters, including international waters, surrounding the State, and, in particular, without prejudice to the generality of the foregoing, to monitor any activity or ionising radiation levels in individuals, animals, fauna, poultry, eggs, crops, fish, seaweed, or any food, soil, minerals (including rocks of all descriptions), air or water;

(b) to monitor the exposure of individuals to activity or ionising radiation;

(c) to advise the Government, the Minister and other Ministers of the Government and the public, on measures for the protection of individuals in the State from radiological hazards;

(d) to advise the Government, the Minister and other Ministers of the Government on radiological safety matters relating to the transport, use, storage, maintenance and disposal of radioactive substances, nuclear devices or irradiating apparatus wheresoever located;

(e) to assist in the planning and implementation of measures to deal with radiological emergencies;

(f) to advise the Government, the Minister and other Ministers in relation to international standards regarding ionising radiation, radioactive substances, nuclear devices, irradiating apparatus and radiological safety;

(g) where appropriate, to enter into arrangements with the Government, the Minister or other Ministers of the Government and such other persons or bodies as the Minister may direct to provide monitoring, advisory or consultancy services in relation to radiological safety;

(h) to monitor scientific, technological, economic and other developments wheresoever taking place relating to ionising radiation, radioactive substances, nuclear devices, irradiating apparatus and radiological safety in order to keep the Government and the Minister informed of such developments with particular reference to the implications for the State of such developments;

(i) to assist the Minister for Defence in the exercise of his functions in relation to the protection of individuals whenever the Government decide that the hazard to life or health from a radiological emergency requires his intervention;

(j) to carry out or to arrange for the carrying out of and to co-ordinate or assist in arrangements for the carrying out of research into any matter relating to the functions or activities of the Institute; and

(k) to provide information to the public on any matters relating to radiological safety which the Institute deems fit.

(2) The functions of the Institute, in relation to the use of a radioactive substance, nuclear device or irradiating apparatus as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect shall relate only to—

(a) the supervision and care of the radioactive substance, nuclear device or irradiating apparatus concerned, and

(b) ensuring that the said substance, device or apparatus is properly calibrated and maintained so as—

(i) to reduce to a minimum the effects of such substance, device or apparatus on property and persons other than a patient receiving a particular medical or dental application, or

(ii) to enable a medical or dental practitioner to achieve the maximum degree of accuracy and safety where the said substance, device or apparatus is used for the benefit of an individual patient.

(3) The Institute may, subject to compliance with such conditions as the Minister may, from time to time, direct, do all such other things as arise out of or are consequential on the functions assigned to the Institute by or under this Act.

8. —The Institute shall have, without prejudice to the generality of section 7 of this Act, the following particular functions, that is to say:

(a) to exchange information and to co-operate with the relevant authorities of other states or with international organisations concerned with the physical protection of nuclear material on protection of nuclear material and related matters, including in particular where there has been a theft of or the threat of the theft of nuclear material;

(b) to render assistance to other states in the event of a radiological emergency;

(c) to co-operate with the relevant authorities in other states incases of nuclear accident or radiological emergency;

(d) to co-operate with the relevant authorities in other states in measures for prevention or the minimising of injury and damage which may result in the event of a nuclear accident or radiological emergency;

(e) to exchange information on relevant matters with the relevant authorities in other states and international organisations concerned with nuclear safety and radiological protection;

(f) to prepare and issue codes of practice dealing with radiological safety, radioactive substances, nuclear devices or irradiating apparatus, taking into account relevant standards recommended by relevant international bodies;

(g) to prepare and issue safety guidelines and recommendations for persons dealing with radioactive substances, nuclear devices or irradiating apparatus, taking into account relevant standards recommended by relevant international bodies;

(h) to make recommendations to the Minister or any other Minister, as appropriate, in respect of proposals for legislation on measures for protection against radiological hazards;

(i) to issue certificates concerning levels of activity or ionising radiation in any thing;

(j) pursuant to an order made under section 30 of this Act, to carry out a licensing system relating to the custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of radioactive substances, nuclear devices or irradiating apparatus;

(k) to provide and, where appropriate, approve of, training in relation to activities licensed under an order under section 30 of this Act and in relation to radiological safety;

(l) to collect and disseminate information on ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters related therewith;

(m) to advise the Government, the Minister and other Ministers regarding representation of the State on international bodies dealing with ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters connected therewith; and

(n) to represent the State in such manner and on such international bodies as may be directed by the said Ministers.

9. —(1) The Minister may, from time to time, by order—

(a) confer on the Institute such additional functions connected with the functions for the time being of the Institute or the services or activities that the Institute is authorised for the time being to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities in relation to ionising radiation, radioactive substances, nuclear devices, irradiating apparatus, radiological safety and matters connected therewith) as he considers appropriate;

(b) make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Institute of functions under this section or the performance by the Institute of functions so conferred; and

(c) extend the powers and functions of the Institute to cover such matters pertaining to non-ionising radiation as may be specified in the order.

(2) Without prejudice to the generality of subsection (1) of this section, the Minister may, from time to time, by order assign to the Institute any or all of the following functions:

(a) the monitoring of compliance with any safety codes established or regulations made (whether under this Act, the Health Act, 1953 , or any of the relevant statutory provisions within the meaning of the Safety, Health and Welfare at Work Act, 1989 ) relating to radioactive substances, nuclear devices or irradiating apparatus or to radiological safety, and

(b) in the performance of any function mentioned in this subsection, the control of the custody, use, manufacture, importation, distribution, transportation, insurance, sale, exportation or other disposal of radioactive substances or irradiating apparatus or nuclear devices as may be specified in the order.

(3) Before making an order under this section, the Minister shall consult the Ministers for Finance, Industry and Commerce, Agriculture and Food, Labour, Foreign Affairs, Education, Health, the Environment, Tourism and Transport, the Marine, Communications and Defence.

(4) An order under this section may include such conditions, in relation to the execution of functions conferred on the Institute under this section, as the Minister, after consultation with the aforesaid Ministers, may determine.

(5) The Minister may, after consultation with the Ministers referred to in subsection (3) of this section by order revoke or amend an order under this section.

10. —(1) Subject to the provisions of this section, the Institute may make such charges as it considers appropriate in consideration of the performance by it of its functions, the provision by it of services and the carrying on by it of activities other than those performed, provided or carried on for the Minister.

(2) The determination of the amounts of charges by the Institute shall be subject to the approval of the Minister and the Minister for Finance.

(3) Charges, prices and payments under subsection (1) of this section in respect of functions performed, services provided or activities carried on, shall not, save with the approval of the Minister, be less than the cost of the performance of the function, the provision of the service or the carrying on of the activity, as the case may be.

(4) The Institute may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1) of this section.

11. —(1) There shall be a chief executive officer of the Institute who shall be known, and is in this Act referred to, as the Chief Executive Officer.

(2) The Chief Executive Officer shall carry on and manage and control generally the administration and business of the Institute and shall perform such other functions as may be determined by the Institute.

(3) The Chief Executive Officer shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as may be determined by the Minister with the consent of the Minister for Finance.

(4) The Chief Executive Officer shall be paid by the Institute out of moneys at its disposal such remuneration and such allowances for expenses incurred by him in the performance of his functions as may be determined by the Minister, with the consent of the Minister for Finance.

(5) The Chief Executive Officer shall be appointed, and may be removed from office at any time, by the Institute with the consent of the Minister.

(6) The Chief Executive Officer shall devote the whole of his time to his duties as Chief Executive Officer and shall not hold any other office or position without the consent of the Institute.

(7) The Chief Executive Officer may make proposals to the Institute on any matter relating to its activities.

12. —(1) The Institute shall accept into its employment on the establishment day in accordance with the terms of this Act every person who immediately before the establishment day was a member of the staff of the Board.

(2) The Institute may appoint such number of persons to be members of the staff of the Institute as it may determine with the consent of the Minister and the Minister for Finance.

(3) (a) A member of the staff of the Institute (other than the Chief Executive Officer) shall be paid, out of the moneys at the disposal of the Institute, such remuneration and allowances for expenses incurred by him as the Institute may, with the consent of the Minister and the Minister for Finance, determine.

(b) A member of the staff of the Institute referred to in paragraph (a) of this subsection shall hold his office or employment on such other terms and conditions as the Institute may, with the consent of the Minister and the Minister for Finance, determine.

(4) The grades of the staff of the Institute, and the numbers of staff in each grade, shall be determined by the Institute with the consent of the Minister and the Minister for Finance.

(5) The terms and conditions relating to tenure of office which are granted by the Institute in relation to a member of the staff of the Institute who immediately before the establishment day was a member of the staff of the Board shall not, while he is in the service of the Institute, be less favourable to him than those prevailing immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(6) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a member of the staff referred to in subsection (5) of this section shall not, while in the service of the Institute, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the establishment day.

(7) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of members of the staff referred to in subsection (5) of this section are varied by the Institute, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Institute or the Chief Executive Officer, as the case may be, while they are in the service of the Institute. No such variation shall operate to worsen the scales of pay or the terms or conditions of service aforesaid applicable to a member of such staff immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(8) In relation to staff referred to in subsection (5) of this section, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the Board shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973 , the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977 .

(9) The Institute may perform any of its functions through or by the Chief Executive Officer or any other member of its staff duly authorised by the Institute in that behalf.

13. —(1) The Institute may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons (other than the Chief Executive Officer) appointed to whole-time positions on the staff of the Institute.

(2) A scheme under subsection (1) of this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3) The Institute may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4) A scheme, or amending scheme, or revoking scheme submitted to the Minister under this section shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Institute in accordance with its terms.

(5) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(6) No superannuation benefit shall be granted by the Institute on the resignation, retirement or death of a member of the staff of the Institute, otherwise than in accordance with a scheme or schemes under this section.

(7) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(8) (a) A scheme or schemes under subsection (1) of this section shall, as respects a member of staff referred to in section 12 (5) of this Act, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediatelybefore the establishment day in relation to the grant of such benefits.

(b) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person referred to in section 12 (5) of this Act in respect of his employment with the Board, the superannuation benefits shall be granted and paid to or in respect of the person by the Institute.

(9) In this section and in sections 12 and 14 of this Act “superannuation benefits” means pensions, gratuities and other allowances payable on or in respect of resignation, retirement or death.

14. —(1) Where a member of the Institute is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Institute.

(2) Where a person who is a member of the staff of the Institute is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Institute and shall not be paid by, or be entitled to receive from, the Institute any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of the Institute or the staff of the Institute.

(4) Without prejudice to the generality of subsection (2) of this section, that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Institute for the purposes of any superannuation benefits.

15. —The Minister may from time to time, with the consent of the Minister for Finance, advance to the Institute out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of expenditure by the Institute in the performance of its functions.

16. —(1) The Institute shall keep, in such form as may be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by the Institute, including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister, on his own motion or at the request of the Minister for Finance, may from time to time direct.

(2) Accounts kept in pursuance of this section shall be submitted to the Comptroller and Auditor General for audit and a copy of the income and expenditure account and of the balance sheet and of such other (if any) of its accounts as the Minister may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister as soon as may be after, but not later than 6 months after, the end of the financial year of the Institute and the Minister shall cause copies of each of the documents aforesaid to be laid before each House of the Oireachtas.

17. —(1) As soon as may be after the end of each financial year of the Institute, but not later than 6 months thereafter, the Institute shall make a report to the Minister of its activities during that year and he shall cause copies of the report to be laid before each House of the Oireachtas.

(2) Each report under subsection (1) of this section shall include information in such form and regarding such matters as the Minister may direct.

(3) Not less than 3 months before the end of each financial year of the Institute, it shall furnish to the Minister a report in writing—

(a) outlining its proposed activities (other than day-to-day activities) in the financial year immediately following,

(b) giving estimates of its expenditure in the last mentioned year in relation to each of those activities, and

(c) giving estimates of its income in the said last mentioned year,

and the Institute shall not carry out any of those activities or incur any such expenditure until the report has been approved of by the Minister.

(4) The Institute shall not during any financial year—

(a) carry on any activity (other than a day-to-day activity) not specified in the report under subsection (3) of this section in relation to that year, or

(b) incur expenditure in relation to any activity in excess of the estimate of that expenditure given in that report,

without the prior approval of the Minister.

(5) The Institute shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning or relating to the performance of its functions, or its plans for the future performance of its functions, generally or in respect of any account prepared by the Institute or any report specified in subsection (1) or (3) of this section or section 16 (2) of this Act or the policy and activities, other than day-to-day activities, of the Institute.

18. —(1) The Institute may, from time to time, establish committees to assist and to advise it in relation to the performance of its functions.

(2) The Institute may delegate to a committee appointed under this section any of its functions which, in its opinion, can be better or more conveniently performed by a committee, and may regulate the procedure of any such committee.

(3) A committee appointed under this section shall consist of such number of members as the Institute thinks proper and may, at the discretion of the Institute, consist exclusively of persons who are members of the Institute or partly of persons who are members of the Institute and partly of persons who are members of the staff of the Institute or partly of persons who are either members of the staff of the Institute or members of the Institute and partly of other persons.

(4) The acts of a committee appointed under this section shall be subject to confirmation by the Institute.

(5) Paragraph 21 of the First Schedule to this Act shall apply to a meeting of a committee appointed under this section as if it were a meeting of the Institute.

19. —(1) The Institute may accept subscriptions of money from any body or person in return for the use by such body or person or other bodies or persons of such services and facilities of the Institute as the Institute may determine.

(2) The Institute may, subject to the approval of the Minister and the consent of the Minister for Finance, accept a gift of money, land or other property, upon such trusts and conditions, if any, as may be specified by the person making the gift.

(3) The Institute shall not accept any gift or subscription of money if the conditions attached by the donor to the acceptance thereof are inconsistent with the functions of the Institute.

20. —(1) The Minister may give a directive in writing to the Institute in relation to policy generally.

(2) The Minister shall cause any directive given by him under subsection (1) of this section to be laid before each House of the Oireachtas within twenty-one days after it has been given.

21. —(1) The Board shall, on the establishment day, become and be dissolved.

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before the establishment day under an Act of the Oireachtas to the Board shall, on and after that day, be construed as references to the Institute.

22. —(1) The following shall be and hereby are transferred to the Institute on the establishment day:

(a) all property and rights held or enjoyed immediately before that day by the Board, and

(b) all liabilities incurred before that day by the Board that had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on that day, vest in the Institute for all the estate, term or interest for which, immediately before that day, it was vested in the Board, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the said rights shall, as on and from that day, be enjoyed by the Institute, and

(iii) the said liabilities shall, as on and from that day, be liabilities of the Institute.

(2) All moneys, stocks, shares and securities transferred to the Institute by this section that, on the establishment day, are standing in the name of the Board shall, upon the request of the Institute, be transferred into its name.

(3) Every right and liability transferred by subsection (1) of this section to the Institute may, on or after the establishment day, be sued on, recovered or enforced by or against the Institute in its own name and it shall not be necessary for the Institute to give notice to the person whose right or liability is transferred by that subsection of the transfer.

23. —Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Board to any person or given by any person to and accepted by or on behalf of the Board and every contract or agreement made between the Board and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on or after that day and shall be construed and have effect as if the name of the Institute was substituted therein for that of the Board.

24. —Nothing in this Act shall affect the validity of any act that was done before the establishment day by or on behalf of the Board and every such act done by or on behalf of the Board shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of the Institute.

25. —Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the Board is a party to the proceedings, the name of the Institute shall be substituted therein for that of the Board, and the proceedings shall not abate by reason of such substitution.

26. —Subject to section 20 of this Act, anything commenced by the Board before the establishment day may be carried on and completed on and after that day by the Institute.