Radiation protection permit after a business transfer: report the holder change without delay

When a business with X-ray equipment or testing radiation equipment is transferred, the radiation protection permit must be reviewed as part of the handover. Section 20(1) StrSchG 2020 provides that a change in the permit holder does not affect the permit's validity. The change must nevertheless be reported to the competent authority without delay.

The person named as radiation protection officer may also change. Section 65 StrSchG 2020 requires that change to be reported without delay, together with the required education and refresher training records. If the records do not establish the requirements, the authority must prohibit trial operation or the activity.

This article explains the permit holder and the technically responsible person in a business transfer. The article on hotel succession with a trade licence and operating facility addresses the wider transfer framework. This article focuses on the specific notices under Sections 20 and 65 StrSchG 2020.

The permit remains valid after the holder changes

Section 20(1) StrSchG 2020 provides that a change in the permit holder does not affect the permit's validity. The transfer therefore does not automatically end the permit. The first question is whether the legal holder of the radiation protection permit has actually changed.

This review cannot be replaced by a general trade licence update. A sole trader, a transfer of a company, a restructuring or a change in responsible persons may raise different questions. The permit, transfer agreement and company records must be read together.

A hotel or business with several approvals also cannot be assessed only through its trade licence. The article on hotel succession in Austria shows how the trade licence and operating facility are organised separately. The radiation protection permit requires its own review.

Report the holder change and reliability without delay

Under Section 20(2) StrSchG 2020, the successor or, for a legal entity, the persons authorised to represent it must report the change to the competent authority without delay. The notice therefore belongs in the transfer plan and should not wait for a later general update.

The transfer file should identify the former and new permit holder, the transfer date, the permit concerned, the competent authority and delivery of the notice. For a legal entity, the persons authorised to represent it should be recorded clearly. Internal coordination does not replace the notice to the authority.

Section 20(3) StrSchG 2020 provides a separate consequence where there are concerns about the reliability of the persons named in subsection 2. The authority may prohibit continuation of the construction or activity by decision. An appeal against such a prohibition has no suspensive effect under the statute.

Report the new radiation protection officer and records

Section 65(1) StrSchG 2020 concerns a change in the person named to the authority as radiation protection officer. The permit holder must report the change without delay, name the new person and attach the required education and refresher training records.

This creates a second review alongside the holder change. The new permit holder may be established while the technically responsible person has not yet been effectively named. The existing radiation protection officer may also remain responsible even though the permit holder changes. These facts must be recorded separately.

The file should therefore contain the naming, the person's function for the particular equipment and the records supporting the notice. General training documents without a clear link to the named person leave the decisive connection unresolved.

Prove education before continuing the activity

Section 65(2) StrSchG 2020 requires the authority to prohibit trial operation or the activity if the named person does not meet the education and refresher training requirements. Naming the radiation protection officer therefore has legal significance for the transfer file.

Before continuation, the records for each named person should be checked for completeness and correct attribution. The applicable requirements follow from radiation protection law and the particular permit. The fact that a person previously worked in the business does not automatically establish that every requirement is met.

Where the officer changes during the transfer, the order matters: select the person, collect the records, send the notice with the required attachments and clarify the authority's position on the particular activity. A general transfer of staff does not answer this technical legal question.

Keep the transfer file with two notice tracks

A reliable transfer requires two notice tracks to match. The first concerns the change in the permit holder under Section 20 StrSchG 2020. The second concerns the radiation protection officer named to the authority under Section 65 StrSchG 2020.

A practical file contains the permit, the transfer agreement or restructuring documents, proof of the new holder, the notice to the authority, delivery evidence, the naming of the radiation protection officer and that person's education and refresher training records. Where several facilities are involved, the connection to each permit should remain clear.

Other transfer issues require their own documentation as well. The article on severance pay and occupational pensions in a business transfer addresses employment-related positions. That file does not replace a radiation protection notice.

Set the order of review before continuing

Start by asking whether the transfer changes the permit holder. If it does, prepare the prompt notice under Section 20(2) StrSchG 2020 and document its delivery. The reliability of the relevant persons must then remain in view.

The second step is the radiation protection officer. Where that person changes, the name and education and refresher training records must be reported under Section 65(1) StrSchG 2020. If required records are missing, the legal consequence in Section 65(2) must be taken into account.

Only once the holder, notices, responsibility and records are organised can continuation of the particular equipment be assessed against the permit and the authority's requirements. Sections 20 and 65 StrSchG 2020 do not provide a blanket approval for every facility.

Frequently asked questions about radiation permits in a transfer