Legalize / Ireland / Act

Chemicals Act 2008

Type Act

Publication 2008-07-09

State In force

Source Irish Statute Book

Reform history JSON API

PART 1 Preliminary and General

1.. Short title and commencement.

1.— (1) This Act may be cited as the Chemicals Act 2008.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation.

2.— (1) In this Act—

“Act of 1972” means the European Communities Act 1972;

“Authority” means the Health and Safety Authority;

F1[“chemical”includes—

F2[(a) a chemical, substance, mixture or article within the meaning of the Rotterdam Regulation,]

(b) a detergent within the meaning of the Detergents Regulation,

(d) a substance, mixture or article within the meaning of the CLP Regulation, and

(e) a dangerous substance within the meaning of—

(i)F4[Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (hereinafter referred to as the “Seveso III Directive”), and]

(ii) Council Directive 67/548/EEC of 27 June 1967^2on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;]

F5[“CLP Regulation”means Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures^3;]

“code of practice” means a code of practice prepared and published, or approved of, by the Authority in accordance with section 7, and includes part of a code of practice;

“contravention notice” has the meaning assigned to it by section 15;

F6["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^36on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

F7[“Detergents Regulation”means Regulation (EC) No. 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents^4;]

“European Communities” has the same meaning as it has in the Act of 1972;

F8[“European Regulations”means—

(a) the Rotterdam Regulation,

(b) the Detergents Regulation,

(d) the CLP Regulation;]

“external authority” has the meaning assigned to it by section 9;

“improvement plan” means a plan required to be submitted under section 14;

“information notice” has the meaning assigned to it by section 27;

“inspector” means a person appointed under section 11 by a national authority;

“Member State” means a state that is a member of the European Communities and includes states that are parties to the agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the protocol done at Brussels on 17 March 1993;

“Minister” means the Minister for Enterprise, Trade and Employment;

“mutual cooperation arrangements” means arrangements under section 9;

F4[“national authority” means—

(a) a designated national authority in the State undersection 8(1),

(b) a competent authority in the State undersection 8(2),8(3)or8(3A),

(d) the Authority as the Central Competent Authority within the meaning ofsection 8(3B);]

“place” means any structure, premises, land or other location or part of such place, and includes any container, railway wagon, vessel, aircraft, motor or other vehicle;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“prohibition notice” has the meaning assigned by section 16;

F9[“REACH Regulation”means Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency^5;]

F10["record" includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (including data that constitute personal data within the meaning of the Data Protection Regulation or Part 5 of the Data Protection Act 2018) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing;]

“relevant chemicals statutory provisions” means—

(a) the European Regulations,

(b) this Act, or

“relevant Minister” means, in relation to a national authority that is not a Minister of the Government, the Minister of the Government (other than the Minister) in whom functions are vested in relation to that national authority;

F2["Rotterdam Regulation" means Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals^2;]

“special report” means a report made under section 18.

(2) Subject to subsection (1), a word or expression that is used in this Act and is also used in a European Regulation has the same meaning in this Act that it has in that European Regulation.

3. Service of notices.

3.— (1) A notice or other document required or authorised to be served on, sent or given to a person under the relevant chemicals statutory provisions shall, subject to subsection (2), be addressed to the person concerned by name, and may be served on, sent or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document relates to any place of business, by delivering it to a person over the age of 16 years resident or employed at the place of business or by affixing it in a conspicuous position at or near the place of business;

(e) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000), service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed;

(f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, or

(g) by any other means that may be prescribed.

(2) Where a notice or other document required or authorised under the relevant chemicals statutory provisions is to be served on, sent or given to a person who is the owner or occupier of a place of business and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words, “the owner” or, as the case may require, “the occupier”.

(3) For the purposes of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

4. Expenses.

4.— The expenses incurred by the Minister or any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Regulations and Codes of Practice

5. Regulations.

5.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) The Minister may make regulations for the purpose of giving effect to a provision of the treaties governing the European Communities, or an act adopted by an institution of the European Communities, relating to—

F11[(a) the manufacture, classification, labelling, packaging, export, import, placing on the market, testing, storage, transport, use or disposal of chemicals, or]

(b) the control of major accident hazards relating to chemicals and the prevention of accidents involving chemicals or the minimisation of the effects of such hazards or accidents on persons and the environment.

(3) Without prejudice to the generality of subsection (2), regulations under that subsection may—

F12[(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this section, the Act of 1972 and theEuropean Communities Act 2007),]

(b) make provision in relation to—

(i) F13[…]

(ii) the establishment and maintenance of such registers, and keeping of such records, as may be specified in the regulations,

(c) apply either generally or to such class or classes of chemicals, persons, places or activities as may be specified in the regulations, and

(d) prescribe persons to perform the functions of a F14[national authority or competent authority] for the purposes of the regulations and the provision of the treaties governing the European Communities or act adopted by an institution of the European Communities to which the regulations give effect.

(4) Where the Minister proposes to make regulations under this Act, upon a proposal from the Authority, he or she shall consult with the Authority before making the regulations.

(5) The Minister shall, before making regulations under subsection (2)(a), obtain the consent of—

(a) the Minister for Agriculture, Fisheries and Food,

(b) the Minister for the Environment, Heritage and Local Government, and

to the making of the regulations.

(6) The Minister shall, before making regulations under subsection (2)(b), obtain the consent of—

(a) the Minister for the Environment, Heritage and Local Government,

(b) the Minister for Health and Children,

(d) the Minister for Transport,

to the making of the regulations.

(7) F15[…]

6. Reviews of, and proposals regarding, relevant chemicals statutory provisions.

6.— (1) The Authority shall—

(a) undertake such reviews of the operation of the relevant chemicals statutory provisions as the Minister may direct, or as the Authority considers appropriate, and

(b) submit to the Minister any proposals that it considers appropriate, or as the Minister may direct, relating to the relevant chemicals statutory provisions.

(2) Before submitting proposals under subsection (1) to the Minister, the Authority shall consult any other person or body—

(a) that appears to the Authority to be appropriate having regard to the proposals to be submitted, or

(b) as directed by the Minister.

7. Codes of practice.

7.— (1) For the purpose of providing practical guidance as regards compliance with the relevant chemicals statutory provisions the Authority—

(a) may, and if so requested by the Minister, shall prepare and publish codes of practice, and

(b) may approve a code of practice made or published by any other body.

(2) Before publishing or approving a code of practice under this section, the Authority—

(a) shall obtain the consent of the Minister,

(b) may publish in such manner as the Authority considers appropriate a draft of the code of practice and shall give persons, including any national authority concerned and the relevant Minister, 28 days from the date of publication of the draft code within which to make written representations to the Authority in relation to the draft code, or such further period, not exceeding 28 days, as the Authority in its discretion thinks fit, and

(c) following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.

(3) Where the Authority publishes or approves a code of practice, it shall publish a notice of such publication or approval in such manner as it considers appropriate and in Iris Oifigiúil and that notice shall—

(a) identify the code of practice,

(b) specify the matters relating to the protection of health and the environment or the relevant chemicals statutory provisions in respect of which the code of practice is published or approved of, and

(4) The Authority may, with the consent of the Minister and following consultation with—

(a) any other person or body that the Authority considers appropriate, and

(b) any national authority concerned and the relevant Minister,

amend or revoke any code of practice prepared and published by it under this section, or withdraw its approval of any code of practice approved by it under this section.

(5) The Authority shall, where the Minister directs—

(a) amend or revoke any code of practice prepared and published by it under this section, or

(b) withdraw its approval of any code of practice approved by it under this section.

(6) Where the Authority amends or revokes, or withdraws its approval of, a code of practice under this section, it shall publish notice of the amendment, revocation or withdrawal in such manner as it considers appropriate and in Iris Oifigiúil.

(7) The Authority shall publish on the internet and make available for public inspection without charge at its principal office during normal working hours—

(a) a copy of each code of practice published or approved by it, and

(b) where a code of practice has been amended, a copy of the code as so amended.

(8) In this section “approved” means approved in writing by the Authority or conforming with a specification in writing by the Authority.

PART 3 National Authorities

8. National authorities.

8.— (1) The following are designated national authorities in the State for the purposes of the Rotterdam Regulation:

F16[(a) the Authority, other than—

(i) for the purposes of Article 18, and

(ii) in respect of pesticides;]

(b) the Revenue Commissioners, for the purposes only of F16[the said Article 18] of that Regulation;

(c) the Minister for Agriculture, Fisheries and Food, in respect of pesticides (other than for the purposes of the said F16[Article 18]).

(2) The following are competent authorities in the State for the purposes of the Detergents Regulation:

(a) the Authority;

(b) the Environmental Protection Agency, in respect of matters relating to biodegradability of surfactants in detergents;

F17[(c) Beaumont Hospital Board, for the purposes only of Article 9(3) of that Regulation;]

(d) the Irish National Accreditation Board, for the purposes only of Article 8(2) and (3) of that Regulation.

(3) The following are competent authorities in the State for the purposes of the REACH Regulation:

(a) the Authority;

(b) subject to paragraph (c), the Minister for Agriculture, Fisheries and Food, in respect of pesticides;

F19[(d) the Minister for Housing, Local Government and Heritage, for the purposes only of paragraphs 11 and 13 in entry 63 of Annex XVII to that Regulation.]

F20[(3A) The following are competent authorities in the State for the purposes of the CLP Regulation:

(a) the Authority;

(b) the Minister for Agriculture, Fisheries and Food, in respect of pesticides;

F21[(3B) The Authority is the Central Competent Authority in the State for the purpose of the Seveso III Directive, and Article 6 thereof.]

(4) A national authority (other than the Authority) shall, in accordance with such guidelines (if any) as may be given to that national authority by the Authority—

(a) make adequate arrangements for the performance of its functions under the relevant chemicals statutory provisions,

(b) keep appropriate records, and

(i) a report within 2 months after the end of each year in accordance with subsection (5), and

(ii) such other reports and information relating to the performance of its functions as the Authority may, from time to time, require, or as may be prescribed.

(5) The report referred to in subsection (4)(c)(i) shall be in a form agreed with the Authority and include—

(a) information on the performance of the national authority of its functions, and

(b) such other information that the national authority considers appropriate, or as the Authority may require.

(6) In this section—

“environmental pollution” has the meaning assigned to it by section 4 (inserted by section 6 of the Protection of the Environment Act 2003) of the Environmental Protection Agency Act 1992, subject to the modification that references in subsection (2) thereof to “substances, heat or noise” be construed as references to “chemicals”;

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.