The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008

Made: 1st September 2008

Laid before Parliament: 5th September 2008

Coming into force: 1st October 2008

The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972¹ in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations², and for measures relating to consumer protection³.

The Secretary of State makes these Regulations— in exercise of the powers conferred upon him by section 2(2) of that Act and by section 15(1), (2), (3)(a) and (c), (4)(a)⁴ and (b) of, and paragraphs 1(1)(b) and (4) and 3(2) of Schedule 3 to, the Health and Safety at Work etc. Act 1974⁵ (“the 1974 Act”); and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)⁶ of the 1974 Act after the carrying out by the said Executive of consultations in accordance with section 50(3) of that Act.

in exercise of the powers conferred upon him by section 2(2) of that Act and by section 15(1), (2), (3)(a) and (c), (4)(a)⁴ and (b) of, and paragraphs 1(1)(b) and (4) and 3(2) of Schedule 3 to, the Health and Safety at Work etc. Act 1974⁵ (“the 1974 Act”); and

for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)⁶ of the 1974 Act after the carrying out by the said Executive of consultations in accordance with section 50(3) of that Act.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.

• (2) In these Regulations, “the principal Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002⁷.

Amendments to regulation 2 of the principal Regulations

2

In regulation 2(1) of the principal Regulations—

• (a) for the definition of “the approved classification and labelling guide” substitute—

• “the approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Fifth Edition)” approved by the Health and Safety Commission on 16th April 2002⁸,as revised or re-issued from time to time,

; and

• (b) for the definition of “the approved supply list” substitute—

• “the approved supply list” means the document entitled “Information approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Eighth Edition)” approved by the Health and Safety Commission on 26 July 2005⁹, as revised or re-issued from time to time,

Amendments to regulations 8A and 9 of the principal Regulations

3

• (1) In regulation 8A(4) of the principal Regulations after the words “this regulation” add the words “and regulation 9(2)”.

• (2) In regulation 9(2) of the principal Regulations—

• (a) For the words “regulations 8 and 8A” substitute the words “paragraph (2A)”; and

• (b) After paragraph (2) add—

(2A) Where a package would be required to be labelled and marked in accordance with any of the national or international transport rules listed in regulation 8A(4) and the package consists of one or more receptacles in outer packagings, it shall be sufficient compliance with paragraph (2) if the package shows the labels and markings required by whichever of the national or international rules is appropriate.

Amendments to Schedule 3 of the principal Regulations

4

Schedule 3 to the principal Regulations shall be amended in accordance with the following paragraphs—

• (a) in Part I omit paragraph 19(2);

• (b) in Part II Tables II and IIA omit in both footnotes marked with a dagger the words “carcinogenic or”;

• (c) for Part II Table VI substitute the Table VI contained in Schedule 1 to these Regulations;

• (d) for Part II Table VIA substitute the Table VIA contained in Schedule 1 to these Regulations;

• (e) for Part III Tables 1 and 2 substitute Tables 1a, 1b and 2 contained in Schedule 2 to these Regulations; and

• (f) for Part III Table 5 substitute the Table contained in Schedule 3 to these Regulations.

Amendments to Schedule 5 of the principal Regulations

5

For Schedule 5 Part II of the principal Regulations substitute the Part II contained in Schedule 4 to these Regulations.

Amendments to the Chemicals (Hazard Information and Packaging for Supply)(Amendment) Regulations 2005

6

In the Chemicals (Hazard Information and Packaging for Supply)(Amendment) Regulations 2005¹⁰ omit regulation 2(2)(b), (4), (5) and (6).

Amendments to the Control of Major Accident Hazards Regulations 1999

7

For regulation 20(6) of the Control of Major Accident Hazards Regulations 1999¹¹ substitute the following paragraph—

(6) Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1998, the Executive shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply, unless a transfer of responsibility is made under paragraph (7) below. (7) The responsibility, for the purposes of the 1974 Act, for enforcing any of the relevant statutory provisions at any establishment to which any of these Regulations apply may be transferred from the Executive to the local authority, insofar as the main activity carried on at that establishment is the sale of goods, or the storage of goods for retail or wholesale distribution, except— (a) at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway; (b) where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, or (c) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas. (8) A transfer may be made only by agreement between the Executive and the local authority. (9) Where a transfer has been made, the local authority shall cause notice of the transfer to be given to persons affected by it.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

Signed

Signed by the authority of the Secretary of State for Work and Pensions

William D.McKenzie — Parliamentary Under-Secretary of State — Department for Work and Pensions — 1st September 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

1 Regulations 3 and 6 of these Regulations correct certain errors in the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689, as amended in particular by S.I. 2004/568, S.I. 2004/3386, S.I. 2005/2092, S.I. 2005/2571 and S.I. 2008/960) (“the principal Regulations”) in transposing provisions of— a Council Directive 1992/32/EEC (OJ No. L154, 5.6.92, p.1) amending for the seventh time Council Directive 67/548/EEC (OJ No. L196, 16.8.67, p.1) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (“the substances Directive”); and b Council Directive 1999/45/EC (OJ No. L200, 30.7.99, p.1) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”), concerning the labelling of single receptacles and receptacles in outer packagings where the national and international transport rules also apply. Regulation 3 corrects a cross-reference in regulation 9(2) of the principal regulations. Regulation 6 revokes amendments to the principal regulations that were made in error, as they duplicate amendments already made in an earlier instrument.

2 Regulations 4 and 5 amend the principal Regulations in accordance with the provisions of Commission Directive 2006/8/EC (OJ No. L19, 24.1.2006 p.12) amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to the preparations Directive.

3 Regulation 7 amends the Control of Major Accident Hazards Regulations 1999 (S.I. 1999/743, as amended by S.I. 2008/960) to provide for the Health and Safety Executive to be the enforcing authority except in the circumstance provided for.

4 A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of this document has been placed in the library of each House of Parliament.

Footnotes