S.L. 653.5 Art. 9Functions and responsibilities.

(1) There shall be set up a Radiation Protection Board, hereinafter referred to as the Board, which shall act as the regulatory authority in the field of nuclear safety and radiation protection.

(2) The Board shall have such functions as may devolve on it under any other law or as may be assigned to it in writing by the Prime Minister or by the member agencies represented on the Board. In the case that other regulations are in force governing occupational, public, and medical exposures, or environmental protection and safety of sources, which in some way address the use of ionizing radiation, the Board shall, if it considers it necessary, make recommendations to the Prime Minister for the reallocation of the regulatory responsibility to the Board itself or to some other authority as the Board deems fit.

(3) It shall be the function of the Board to:

(a) take the necessary measures to improve the co-operation and co-ordination of the government bodies which have responsibility for issues related to occupational health and safety, environment, public health and civil protection amongst themselves and with other interested parties;

(b) tender advice to the Prime Minister on allocation of responsibilities in the field of nuclear safety and radiation protection when these are unclear or unresolved;

(c) co-ordinate the preparation of regulations governing notification, authorization of practices, work activities, radiation sources and establishing radiation protection and safety requirements;

(d) define exposures that are excluded from regulatory requirements on the basis of their being unamenable to regulatory control;

(e) receive notifications, and issue authorisations and grant exemptions concerning the possession and use of radiation sources, subject to any condition that may be required in the opinion of the Board and to revoke at any time any such authorisations if the Board feels that the required standards or levels of safety are not being complied with;

(f) co-ordinate and conduct inspections and enforcement actions to assess radiation safety conditions and compliance with applicable regulatory and authorisation requirements and to protect the health and safety of workers and the public;

(g) compile a national register of practices, work activities and sources;

(h) authorise persons to carry out inspections and to take such action on its behalf on particular issues of regulatory interest and such persons shall be construed as being officers as per Part V of the Health and Safety at Work Act;

(i) set up and run a National Interim Storage Facility for orphan and disused radioactive sources;

(j) gather the required data to enable an assessment of total exposure from all practices and work activities in Malta and including the distribution of the individual occupational and public exposures for each type of practice, and to enable the setting up of a National Register for Occupational Exposure to Ionising Radiation;

(k) initiate surveys on background radiation and radioactive contamination of all environmental media;

(l) approve the capacity of persons to act as approved dosimetric services and qualified experts subject to the provisions of regulation 11;

(m) establish guidance on protective measures required in controlled and supervised areas;

(n) make recommendations, or provide technical advice on intervention and emergency responses, as appropriate;

(o) advise other governmental authorities and other persons on matters within the competence of the Board;

(p) promote or carry out research on radiation safety issues of regulatory concern;

(q) maintain contact for information exchange and cooperation in any field related to nuclear safety and radiation protection with regulatory bodies of other countries and relevant international organizations;

(r) establish appropriate mechanisms to inform the public about the regulatory process and the radiation safety aspects of regulated practices and work activities;

(s) coordinate the establishment of technical standards, preparation of Codes of Practice and other guidance documents by the relevant authorities;

(t) appropriate1v investigate any accident or incident involving radiation sources at a practice or work activity;

(u) be the national body which gives effect to any decision of the UN Security Council or International Atomic Energy Agency, or other internationally recognised entity or competent authority in the field of nuclear safety and radiation protection whenever so directed by the Prime Minister;

(v) to identify organisations, which may need to be involved in emergency situations and relevant intervention and define their responsibilities; and

(w) take on any other additional activities in the field of radiation protection which the member agencies comprising the Board may, from time to time, pass on to the Board.

(4) Any decisions taken by the Board in respect of anything related to a notification, authorisation or exemption of practices, work activities, and sources, as well as in respect of any other of its functions, shall be considered to have been taken on behalf, and with the full powers, of the member agencies represented on the Board. Any document pertaining to any such decisions shall be signed by the Executive Chairperson.

(5) A person who feels aggrieved by any decisions taken by the Board, shall have the right to ask the Board to reconsider such decisions, citing reasons for requesting a reconsideration.