The Biocidal Products (Amendment) Regulations 2003

Made: 26th February2003

Laid before Parliament: 11th March 2003

Coming into force: 1st April 2003

The Secretary of State, being the Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to biocides, in exercise of the powers conferred upon him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent

1

These Regulations may be cited as the Biocidal Products (Amendment) Regulations 2003, come into force on 1st April 2003 and extend to the United Kingdom.

Interpretation

2

In these Regulations—

• “ the Great Britain Regulations” means the Biocidal Products Regulations 2001;

• “the Northern Ireland Regulations” means the Biocidal Products Regulations (Northern Ireland) 2001.

Amendment of the Great Britain Regulations

3

In the Great Britain Regulations–

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Northern Ireland Regulations

4

In the Northern Ireland Regulations–

• (a) in regulation 2(1), after the definition of “feedingstuff” insert—

• “the first review regulation” means Commission Regulation (EC) 1896/2000

• (b) in regulation 2(1), for the definition of “new active substance”, substitute the following—

• “new active substance” means—an active substance which is not an existing active substance; orfor the purposes of regulations 4 to 6, both an active substance which is not an existing active substance and an existing active substance not included in the list referred to in Article 6(1)(b) of the first review regulation, in relation to the product type for which application is now being made;

• (c) after regulation 39 add the following regulation—

(39A) Schedule 11A shall have effect.

; and

• (d) after Schedule 11 add the Schedule set out in Schedule 2 to these Regulations.

SCHEDULE 1

SCHEDULE 2

Signed

Signed by authority of the Secretary of State.

Nick Brown — Minister of State, — 2003-02-26

Explanatory note

(This note is not part of the Regulations)

1These Regulations amend the Biocidal Products Regulations 2001 (S.I. 2001/880) and the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001/422) by introducing a general industry charge (thereby implementing Article 25 of Directive 98/8 of the European Parliament and the Council of 16 February 1998 (OJ No. L123, 24.4.98).

2Regulations 3 and 4 insert new regulations 39A and the Schedules to these Regulations. The Schedules provide for the Ministers and the Executive to make an annual charge, persons liable to pay that charge, calculation of the charge and notification of liability to pay.

3A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Adviser’s Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of the Directive set out in paragraph 1 can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.

Footnotes

[^f00001]: S.I. 1999/2788.

[^f00002]: 1972 c. 68. As regards Scotland, see also section 57(1) of the Scotland Act 1998(c. 46), which provides that, despite the transfer to the Scottish Ministers by virtue of section 53 of that Act of functions in relation to observing and implementing Community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes of section 2(2) European Communities Act 1972.

[^f00003]: S.I. 2001/880.

[^f00004]: S.R. 2001 No. 422.

[^f00005]: OJ No. L 228, 8.9.2000, p.6.When determining what constitutes a notification, the first review regulation should be read together with prolongation regulation 1687/2002 OJ L258, 26.09.02, p15 as the prolongation regulation supplements the first review regulation.

[^f00006]: OJ No. L 228, 8.9.2000, p.6.When determining what constitutes a notification, the first review regulation should be read together with prolongation regulation 1687/2002 OJ L258, 26.09.02, p15 as the prolongation regulation supplements the first review regulation

Editorial notes

[^c5001681]: S.I. 1999/2788.

[^c5001691]: 1972 c. 68. As regards Scotland, see also section 57(1) of the Scotland Act 1998(c. 46), which provides that, despite the transfer to the Scottish Ministers by virtue of section 53 of that Act of functions in relation to observing and implementing Community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes of section 2(2) European Communities Act 1972.

[^key-b797dd6d9966f5f893b0a44715b2ccb3]: Regulations revoked in part (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 1, 34(b) (with regs. 3(4)(5), 31, Sch. 2)

[^key-15f411dadf2b9677a2587f592c7125f9]: Sch. 1 revoked (1.9.2013) by The Biocidal Products (Fees and Charges) Regulations 2013 (S.I. 2013/1507), regs. 1(1), 8(1)(b) (with regs. 1(2)(3), 8(3))