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The REACH Enforcement Regulations 2008

Type Statutory-Instrument

Publication 2008-11-01

Last updated 2025-01-06

State In force

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Source legislation.gov.uk

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Made: 1st November 2008

Laid before Parliament: 10th November 2008

Coming into force: 1st December 2008

The Secretary of State, being a Minister designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to measures relating to persistent organic pollutants, dangerous substances, preparations and chemicals, makes the following Regulations in exercise of the powers conferred by that section:

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the REACH Enforcement Regulations 2008 and come into force on 1st December 2008.

Interpretation

2

(1) In these Regulations—

“a listed REACH provision” means a provision of REACH listed in a REACH table;

“REACH” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals as amended from time to time;

“a REACH table” means— the table in Schedule 1 to these Regulations,the table in Schedule 1A to these Regulations, orthe table in Schedule 1B to these Regulations;

“the relevant REACH table” means—in relation to a listed REACH provision, the REACH table in which that REACH provision is listed;in relation to an enforcement duty, the REACH table under which that enforcement duty arises.

(2) In these Regulations—

“asbestos-containing article” means an article in its entirety containing any of the asbestos fibres listed at point 6 of Annex XVII to REACH;

“asbestos exemption certificate” has the meaning given in paragraph 2 of Schedule 5A;

“authorised person” means a person authorised by an enforcing authority under regulation 10;

“devolved administration or the Assembly” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;

“district council” has the meaning given by section 44 of the Interpretation Act (Northern Ireland) 1954;

“enforcement duty” means a duty placed on an enforcing authority under regulation 3;

“enforcing authority” means—the Department of the Environment;the Environment Agency;the Health and Safety Executive;the Health and Safety Executive for Northern Ireland;a local (consumer safety) authority;a local (health and safety) authority; the Office of Rail Regulation the Office of Rail and Road; the Office for Nuclear Regulation; the Scottish Environment Protection Agency;the Secretary of State; the Natural Resources Body for Wales;

“the Executive” means—in Great Britain, the Health and Safety Executive;in Northern Ireland, the Health and Safety Executive for Northern Ireland;

“a local (consumer safety) authority” means—in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;in England outside Greater London, a county council or, in relation to an area for which there is a district council but no county council, the district council, and the Council of the Isles of Scilly;in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972[^f00005];in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00006];in Wales, a county council or county borough council;

“a local (health and safety) authority” means—in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;in England, outside Greater London, a district council or, in relation to an area for which there is a county council but no district council, the county council, and the Council of the Isles of Scilly;in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;in Wales, a county council or county borough council;

“offshore installation” means—an offshore installation within the meaning of section 44(1) of the Petroleum Act 1998; ora carbon storage installation within the meaning of section 30(5) of the Energy Act 2008;

“paint stripper” means material that, when applied to a coated substrate, softens the coating so that it can be removed easily, and “paint stripping” is to be construed accordingly;

“paint stripper containing dichloromethane” means any paint stripper containing dichloromethane in a concentration equal to or greater than 0.1% by weight;

“professional” means any person undertaking paint stripping in the course of theirprofessional activity other than within an industrial installation[^f00004] where the conditions set out in entry 59 paragraph 4 of Annex XVII to REACH are complied with.

“relevant nuclear site” means a site which is—a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); ora new nuclear build site (within the meaning given in regulation 2A of those Regulations).

“railway” means—except in Northern Ireland, any system of transport the operation of which is specified in regulation 3(2) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006;in relation to Northern Ireland, any railway or tramway which in either case is used for the carriage of persons or goods;

“relevant waters”, in relation to an offshore installation, has the meaning given in section 44(4) of the Petroleum Act 1998;

“Scotland” includes Scottish controlled waters;

“Scottish controlled waters” means—in relation to an offshore installation which is maintained (or intended to be established) for the purposes of the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998), any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974; andin relation to any other offshore installation, waters within the seaward limits of the territorial sea adjacent to Scotland.

(3) Other expressions used in these Regulations which are used in REACH have the meaning they bear in REACH.

PART 2 — Enforcement

Enforcement

3

(1) An enforcing authority must enforce a listed REACH provision where it is named against that provision in the relevant REACH table.

(2) The duty in paragraph (1) is subject to the following provisions of this regulation and regulations 3A and 6.

(3) The enforcement duty commences—

(a) except for Article 67 of REACH, on 1st December 2008;

(b) for Article 67, on 1st June 2009.

(4) Except in relation to—

(a) an offshore installation; or

(b) a local (consumer safety) authority or a local (health and safety) authority,

the enforcement duty applies to an enforcing authority in the relevant part or parts of the United Kingdom shown at the head of the column in which the enforcing authority is named in the relevant REACH table.

(5) In relation to an offshore installation, the enforcement duty applies—

(a) for an installation in relevant waters (except such waters within the seaward limits of the territorial sea adjacent to Northern Ireland)—

(i) to the Health and Safety Executive; and

(ii) except in Scottish controlled waters, to the Secretary of State,

where they are named under the column heading “Offshore Installations” in the relevant REACH table;

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

(c) for an installation in Scottish controlled waters, to the Scottish Environment Protection Agency, where that Agency is named under the column heading “Scotland” in the relevant REACH table.

(6) For a local (consumer safety) authority or a local (health and safety) authority, the enforcement duty applies to the area of that authority.

(7) The enforcement duty applies to an enforcing authority where enforcement of the listed REACH provision is a function of that authority.

(8) The functions of an enforcing authority for the purposes of these Regulations are set out in Schedule 2 (functions of enforcing authorities).

4

(1) An enforcing authority must co-operate with—

(za) the Agency;

(zb) the appropriate authorities; and

(a) other enforcing authorities;

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

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

where this will facilitate compliance with, or the effective enforcement of, REACH ....

(2) An enforcing authority must disclose to a person referred to in paragraph (1) information it holds in relation to compliance with, or the enforcement of, REACH where it believes—

(a) it is reasonable for it to make that disclosure; and

(b) the disclosure will facilitate compliance with, or the effective enforcement of, REACH ....

(3) The Commissioners for Revenue and Customs may disclose to an enforcing authority information obtained or held by the Commissioners in exercise of their functions in relation to imports—

(a) where the Commissioners believe it is appropriate to do so to facilitate the exercise of the duty of an enforcing authority under these Regulations; and

(b) whether or not the information has been requested by the enforcing authority.

Enforcement agreements

5

(1) This regulation applies to agreements between an enforcing authority (“A”) and another enforcing authority (“B”) intended to facilitate the carrying out of an enforcement duty, or part of it.

(2) A may agree arrangements with B for B to carry out on A’s behalf any matters in relation to an enforcement duty that applies to A.

(3) Where an enforcement duty applies to both A and B, they may agree arrangements for performance of that duty to be divided between them in such a way as they consider to be administratively convenient.

(4) An agreement in respect of the matters in paragraph (2) or (3)—

(a) may deal with more than one listed REACH provision;

(b) must be in writing;

(d) may be made subject to limitations and conditions.

(5) Such an agreement—

(a) may be varied in writing by the parties, acting jointly;

(b) may be revoked by any party on sixty days notice in writing to the other party or parties to the agreement.

Health and safety enforcement

6

(1) This regulation applies where the Executive is jointly under an enforcement duty with any of the following enforcing authorities, whether or not any other enforcing authority is also under an enforcement duty in respect of the same listed REACH provision—

(a) a local (health and safety) authority;

(b) the Office of Rail Regulation the Office of Rail and Road .

(2) Schedule 3 (health and safety enforcement) has effect.

(3) In circumstances not provided for under Schedule 3, the Executive must perform the joint duty on behalf of a local (health and safety) authority.

(4) The arrangements under Schedule 3 and the arrangement under paragraph (3) may be varied by an assignment made in accordance with regulation 3A or an enforcement agreement made in accordance with regulation 5.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Exemptions

Defence

7

(1) A person is exempt from compliance with a listed REACH provision if that person—

(a) has the benefit of a defence exemption certificate made by the Secretary of State in respect of that provision; . . .

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

(2) Schedule 4 (defence exemption certificates) has effect.

Marketing and use of leaded paint

8

A person who markets or uses leaded paint does not breach the restriction on the marketing and use of leaded paint provided for by Article 67 of REACH where that person complies with the provisions of Schedule 5 (marketing and use of leaded paint).

PART 4 — Enforcement powers and civil proceedings

Enforcement powers

9

(1) Schedule 6 (powers of enforcement) has effect.

(2) To facilitate the exercise of a duty of an enforcing authority under these Regulations, an officer of Revenue and Customs may detain, for not more than two working days, an article or substance which has been imported.

(3) Anything detained must be dealt with in such manner as the Commissioners for Revenue and Customs may direct.

(4) In paragraph (2), the reference to two working days has the meaning given in section 25A of the Health and Safety at Work etc Act 1974^f00009.

Authorised persons

10

(1) An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf (“authorised persons”), subject to any limitations or conditions as the enforcing authority sees fit.

(2) Where—

(a) a person has been authorised by an enforcing authority under a provision relevant to that authority listed in Schedule 7 (authorisations); and

(b) unless the enforcing authority provides to the contrary,

that person is an authorised person for the purposes of paragraph (1) in respect of that authority.

PART 5 — Offences and penalties

CHAPTER 1 — Offences and penalties in relation to a listed REACH provision and Schedules 4 and 5

Offences

11

(1) Except in relation to Article 67 of REACH, it is an offence for a person to contravene a listed REACH provision or cause or permit another person to do so.

(2) On and after 1st June 2009, it is an offence for a person to contravene Article 67 of REACH or cause or permit another person to do so.

(3) It is an offence for a person when subject to paragraph 6 of Schedule 4 (defence exemption certificates)—

(a) to provide a false certificate or copy; or

(b) to fail to provide when requested, as appropriate—

(i) the defence exemption certificate;

(ii) a copy of the certificate made by the Secretary of State; or

(iii) a copy of an extract of the certificate made by the Secretary of State,

or cause or permit another person to do so.

(4) On and after 1st June 2009, it is an offence for a person to contravene paragraph 5(b) or 6 of Part 1 of Schedule 5 (marketing and use of leaded paint) or cause or permit another person to do so.

(5) Where a person (“P”) is charged with an offence for a contravention of Article 67 of REACH under regulation 11(2) of these Regulations for placing on the market paint stripper containing dichloromethane for supply to—

(a) a person who is not a professional; or

(b) a person for use by a person who is not a professional,

it is a defence that P took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

Penalties

12

Any person guilty of an offence under regulation 11 is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both;

(b) on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.

CHAPTER 2 — Other offences and penalties

Offences

13

(1) It is an offence for a person—

(a) intentionally to obstruct an authorised person in the exercise or performance of the powers or duties of the authorised person; or

(b) to make a statement—

(i) which that person knows to be false or misleading in a material particular; or

(ii) recklessly and which is false or misleading in a material particular,

where the statement is made in purported compliance with a listed REACH provision or with a requirement to furnish any information imposed by or under these Regulations.

(2) Where an authorised person exercises the powers in Schedule 6 (powers of enforcement), it is an offence for a person—

(a) to fail to comply with—

(i) any requirement imposed by or made under those powers;

(ii) a notice described in that Schedule;

(b) to fail or refuse—

(i) to provide facilities or assistance; or

(ii) to permit any inspection,

when reasonably required by an authorised person;

(c) to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer.

(3) It is a defence for a person charged with an offence under paragraph (2) to prove that they had a reasonable excuse for the matters with which they are charged.

(4) It is an offence for a person to pretend to be an authorised person.

(5) It is an offence for a person to disclose the information described in paragraph (6) where—

(a) that person received that information from the Commissioners for Revenue and Customs; and

(b) the disclosure has not been made—

(i) with the prior consent of the Commissioners; or

(ii) pursuant to a legal obligation.

(6) The information referred to in paragraph (5) is information which relates to a person whose identity—

(a) is specified in the disclosure; or

(b) may be deduced from the disclosure,

but excludes information about internal administrative arrangements of Her Majesty’s Revenue and Customs (whether relating to Commissioners, officers or others).

(7) It is a defence for a person charged with an offence under paragraph (5) to prove that they believed that—

(a) the disclosure was lawful; or

(b) the information had already and lawfully been made available.

(8) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant.

Penalties

14

(1) A person guilty of an offence under regulation 13 is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both;

(b) on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.

CHAPTER 3 — Bodies corporate, Scottish partnerships and remediation

Bodies corporate and Scottish partnerships

15

(1) Where an offence under this Part is committed by a body corporate and—

(a) it is committed with the consent or connivance of an officer; or

(b) it is attributable to any neglect on the officer’s part,

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) “Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with that member’s functions of management as if the member were a director of the body corporate.

(4) Where an offence under this Part is committed by a Scottish partnership and—

(a) it is committed with the consent or connivance of a partner; or

(b) it is attributable to any neglect on the partner’s part,

the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

(5) In paragraph (4) “partner” includes a person purporting to act as a partner.

Power of court to order cause of offence to be remedied

16

(1) Paragraph (2) applies where a person is convicted of an offence under this Part in respect of any matters which appear to the court to be matters which it is in that person’s power to remedy.

(2) Where paragraph (1) applies, the court may order the person convicted—

(a) in addition to or instead of imposing any punishment; and

(b) within such time as may be fixed by the order,

to take such steps as may be specified in the order for remedying the matters in respect of which the person was convicted.

(3) The time fixed by an order under paragraph (2) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or extended under this paragraph, as the case may be.

(4) Where a person is ordered under paragraph (2) to remedy any matters, that person is not liable under regulation 11 or 13 in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (3).

CHAPTER 4 — Matters in relation to criminal proceedings

Appearance of authorised persons before a court of summary jurisdiction

17

(1) Where an authorised person is authorised in that behalf by—

(a) the Health and Safety Executive;...

(b) the Health and Safety Executive for Northern Ireland; or

that person may, although not of counsel or a solicitor, prosecute before a court of summary jurisdiction proceedings for an offence committed under regulation 11 or 13.

(2) Paragraph (1) does not apply in Scotland.

Criminal proceedings under regulation 11 or 13

18

(1) No criminal proceedings for an offence under regulation 11 or 13 may, in England and Wales, be instituted except—

(a) by an enforcing authority; or

(b) by or with the consent of the Director of Public Prosecutions.

(2) No criminal proceedings for an offence under regulation 11 or 13 may be instituted in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Criminal proceedings against the Crown

19

(1) No contravention by the Crown of these Regulations makes the Crown criminally liable but the High Court or, in Scotland, the Court of Session, may on the application of an enforcing authority declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations.

(2) Notwithstanding paragraph (1), these Regulations apply to persons in the public service of the Crown as they apply to other persons.

CHAPTER 5 — Civil Proceedings

Proceedings before a civil court

20

If an enforcing authority is of the opinion that proceedings against a person for an offence under this Part would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.

PART 6 — Appeals against notices and service of documents

Appeals against notices

21

(1) Where a person is served with a notice described in paragraph (2), that person may appeal that notice.

(2) The following Parts of Schedule 8 (appeals) provide for the appeals procedure applicable to the notices described—

(a) Part 1, for a notice served under section 4 of Part 1 of Schedule 6 (powers of enforcement) by the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency or the Department of the Environment except a notice described in paragraph 27 of that section;

(b) Part 2, for a notice served under section 2 of Part 2 of Schedule 6 by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland , Office for Nuclear Regulation or a local (health and safety) authority;

(d) Part 4, for a notice served under section 2 of Part 4 of Schedule 6 by the Secretary of State.

Service of documents

22

Schedule 9 (service of documents) has effect.

PART 7 — Revocations and amendments

Revocations and amendments

23

Schedule 10 (revocations and amendments) has effect.

SCHEDULE 1 — Table of General REACH provisions

Provision of REACH	Subject Matter	Enforcing authority	Enforcing authority	Enforcing authority	Enforcing authority
Provision of REACH	Subject Matter	England and Wales	Scotland	...	Offshore installations
Article 5.	Prohibition on manufacture or placing on the market of substances on their own, in mixtures or in articles without registration.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 7(2)(Subject to Article 7(6)).	Requirement on a producer or an importer of an article to notify the Agency.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 7(3)(Subject to Article 7(6)).	Requirement on a producer or an importer to supply appropriate instructions to the recipient of the article.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 8(2)(first sentence).	Requirement on a representative of a non- GB manufacturer to comply with obligations of importers.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 9(2).	Requirement on a manufacturer, importer or producer of articles to notify the Agency of relevant information when that person is seeking to rely on the exemption for product and process orientated research and development.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 9(6).	Requirement on a manufacturer, an importer or a producer of articles to comply with conditions imposed by the Agency.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.Local (consumer safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.Local (consumer safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 12(2).	Requirement on a manufacturer or an importer to notify the Agency of additional information where it reaches the next tonnage threshold.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 14(6).	Requirement on a registrant to identify and apply the appropriate measures adequately to control the risks identified in the chemical safety assessment and where suitable to recommend them in a safety data sheet that is supplied.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 14(7).	Requirement on a registrant to keep a chemical safety report available and up to date.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 22(1).	Requirement on a registrant to update the registrant’s registration.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 22(2).	Requirement on a registrant to submit to the Agency an updated registration where this is required by a decision of the Agency.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 24(2).	Requirement on a manufacturer or an importer to notify, in accordance with Article 10 (information to be submitted for general registration purposes) and Article 12 (information to be submitted depending on tonnage), if the quantity of a notified substance reaches the next tonnage threshold.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 26(1).	Requirement on a potential registrant ..., to inquire of the Agency if the same substance has been registered.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 27(1)(a).	Requirement on a potential registrant to request information on vertebrate animals tests from a previous registrant.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
. . .	. . .	. . .	. . .	...	...
Article 31(1).	Requirement on a supplier of a substance or a mixture to provide the recipient of that substance or mixture with a safety data sheet compiled in accordance with Annex II (guide to the compilation of safety data sheets).	The Health and Safety Executive.	The Health and Safety Executive.	...	. . .
Article 31(2)-(9).	Requirement on an actor in the supply chain who has been requested to perform a chemical safety assessment to ensure that information in the safety data sheet is consistent with the information in the assessment.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement on a supplier to provide a safety data sheet when requested for a mixture which falls within Article 31(3).	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement on a supplier to provide a downstream user or a distributor with a safety data sheet when requested for a mixture or dangerous substance which is offered or sold to the general public.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement on a supplier to provide to the recipient of a substance or a mixture a safety data sheet in English.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement that the safety data sheet contains the information listed in Article 31(6).	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement on an actor in the supply chain to place the relevant exposure scenarios in an annex to the safety data sheet in accordance with section 3 of Annex XI (general rules for adaptation of the standard testing regime set out in Annexes VII to X).	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement on a downstream user to include the relevant exposure scenarios and use other relevant information from the safety data sheet in its own safety data sheet for identified uses.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement on a distributor to pass on relevant exposure scenarios and use other relevant information from the safety data sheet when compiling its own data sheet for identified uses.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement to provide a safety data sheet free of charge either electronically or on paper , and by no later than the date on which the substance or mixture is first supplied.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 31(2)-(9).	Requirement on a supplier to update a safety data sheet.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
...	...	T..	..	...	..
Article 32.	Duty on a supplier to provide to all recipients to whom supplies have been made within the preceding twelve months an updated safety data sheet.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 32.	Duty on a supplier who does not have to supply a safety data sheet to provide the recipient with the information in Article 32(1).	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 32(2), (3).	Duty on a supplier to provide information free of charge no later than the time of first delivery of a substance or a mixture ....	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 32(2), (3).	Duty on a supplier to update the information when required by Article 32(1).	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
	Duty on a supplier to provide to all recipients to whom they have supplied within the preceding twelve months updated information.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 33(1).	Duty on a supplier of an article meeting the criteria in Article 57 (substances to be included in Annex XIV) and identified in accordance with Article 59(1) to provide the recipient with sufficient information to allow safe use, including as a minimum the name of that substance.	The Health and Safety Executive. The Office for Nuclear Regulation Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation Local (health and safety) authorities.	...	The Health and Safety Executive....
Article 33(2).	Duty on a supplier of an article meeting the criteria in Article 57(substances to be included in Annex XIV) and identified in accordance with Article 59(1) to provide a consumer on request with sufficient information to allow the safe use, including as a minimum the name of that substance.	The Health and Safety Executive. The Office for Nuclear Regulation Local (consumer safety) authorities .	The Health and Safety Executive. The Office for Nuclear Regulation Local (consumer safety) authorities .	...	The Health and Safety Executive....
Article 34.	Duty on an actor in the supply chain to communicate the information referred to in Article 34(a) and (b) to the next actor or distributor up the supply chain.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 35.	Requirement on an employer to provide workers and their representatives with access to information relating to substances or mixtures which they may use or be exposed to in the course of their work.	The Health and Safety Executive. The Office for Nuclear Regulation Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation Local (health and safety) authorities.	...	The Health and Safety Executive....
Article 36(1).	Requirement on a manufacturer, importer, downstream user or distributor to keep available for at least ten years after it last manufactured, imported, supplied or used the substance or mixture, all the information it requires to carry out its duties under REACH.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (consumer safety) authorities.Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (consumer safety) authorities.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 36(1).	Requirement on a manufacturer, importer, downstream user or distributor to submit or make available information to an appropriate authority or the Agency when requested to do so.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 36(2).	Requirement on a party responsible for liquidating the registrant’s, downstream user’s or distributor’s undertaking or assuming responsibility for the placing on the market of the substance or mixture concerned, to comply with Article 36(1).	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 37(3).	Requirements providing when a manufacturer, importer or downstream user must comply with Article 14 (chemical safety report and duty to apply and recommend risk reduction measures) for registered substances.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 37(3).	. . .	. . .	. . .	...	. . .
Article 37(3).	Requirement on a manufacturer, importer or downstream user to provide the Agency and downstream users with reasons why a use identified by a downstream user cannot be included in the chemical safety report.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 37(3).	Prohibition on a manufacturer, importer or downstream user supplying a downstream user with a substance without stating in the information referred to in Article 31 (requirements for safety data sheets) and Article 32 (duty to communicate information down the supply chain for substances on their own or in mixtures for which a safety data sheet is not required) the reasons why a use is not an identified-use.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 37(3).	Requirement on a manufacturer or an importer to include the use notified under Article 37(2) in the update of the registration under Article 22(1)(d).	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 37(4).	Requirement on a downstream user to prepare a chemical safety report in accordance with Annex XII (general provisions for downstream users to assess substances and prepare chemical safety reports) for any use outside of the conditions described in an exposure scenario, a use and exposure category in a safety data sheet or for any use that a supplier advises against.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 37(5) (read in association with Article 39(1)).	Requirement on a downstream user to identify and apply appropriate measures to adequately control risks identified in (a) a safety data sheet; (b) its own chemical safety assessment; or (c) any information received in accordance with Article 32 (duty to communicate information down the supply chain for substances on their own or in mixtures for which a safety data sheet is not required).	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 37(5) (read in association with Article 39(1)).	Requirement on a downstream user to recommend, where suitable, measures adequately to control the risks identified in (a) a safety data sheet supplied to it; (b) its own chemical safety assessment or (c) any information received in accordance with Article 32.	The Health and Safety Executive.. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales.Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 37(6).	Requirement on a downstream user to identify and apply appropriate risk management measures that are needed to ensure that the risks to human health and the environment are adequately controlled.	The Health and Safety Executive. In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive.The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 37(7) (read in association with Article 39(1)).	Requirement on a downstream user to keep its chemical safety report up to date and available.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 38(1) (read in association with Article 39(2)).	Requirement on a downstream user to report information in Article 38(2) to the Agency before commencing or continuing with a particular use of a substance that has been registered by an actor up the supply chain.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 38(3).	Requirement on a downstream user to update the information provided in Article 38(2).	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 38(4) (read in association with Article 39(2)).	Requirement on a downstream user to report to the Agency if its classification of a substance is different to that of its supplier.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 41(4).	Requirement on a registrant to submit information required to the Agency.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 46(2).	Requirement on a registrant to submit further information in accordance with a decision prepared by the Agency.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 49(a).	Requirement on a registrant to submit further information as requested by the Agency in relation to a risk identified for on-site isolated intermediates.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Heath and Safety Executive....
Article 50(4).	Requirement on a registrant to provide, in accordance with Article 46 (requests for further information and check of information submitted), further information.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 56(1) (subject to Article 56(4)-(6)).	Prohibition on a manufacturer, importer or downstream user placing a substance on the market for a use or use it itself if that substance is included in Annex XIV (list of substances subject to authorisation) unless Article 56(1)(a), (b), (c), (d) or (e) are satisfied.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (consumer safety) authorities.Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (consumer safety) authorities.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 56(2) (subject to 56(4)-(6)).	Prohibition on a downstream user using a substance otherwise than in accordance with the conditions of an authorisation granted to an actor up that actor’s supply chain for that use.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 60(10).	Requirement on a holder of an authorisation to ensure that the exposure is reduced to as low a level as is technically and practically possible.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (health and safety) authorities.	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (health and safety) authorities.	...	The Health and Safety Executive....Secretary of State.
Article 65.	Requirement on a holder of an authorisation or a downstream user to include the authorisation number on the label before placing the substance or mixture on the market for an authorised use.	The Health and Safety Executive.Local (consumer safety) authorities.Local (health and safety) authorities.	The Health and Safety Executive.Local (consumer safety) authorities.Local (health and safety) authorities.	...	The Health and Safety Executive....
Article 66(1).	Requirement on a downstream user using a substance in accordance with Article 56(2) to notify the Agency within three months of the first supply.	The Health and Safety Executive.	The Health and Safety Executive.	...	The Health and Safety Executive....
Article 67(1) (subject to Article 67(2)).	Prohibition on the manufacture, placing on the market or use of a substance on its own, in a mixture or in an article for which Annex XVII (restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles) contains a restriction unless the manufacture, placing on the market or use complies with the conditions of that restriction.	The Health and Safety Executive. The Office for Nuclear Regulation In relation to England, the Environment Agency. In relation to Wales, the Natural Resources Body for Wales. Local (consumer safety) authorities. The Office of Rail and Road .	The Health and Safety Executive. The Office for Nuclear Regulation The Scottish Environment Protection Agency.Local (consumer safety) authorities. The Office of Rail and Road .	...	The Health and Safety Executive....Secretary of State.
. . .	. . .	. . .	. . .	... .	. . .
. . .	. . .	. . .	. . .	.... . .	. . .

SCHEDULE 2 — Functions of enforcing authorities

1

The functions of the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment are to—

(a) prevent, minimise, remedy or mitigate the effects of pollution of the environment;

(b) ensure the safety of the environment.

2

Subject to paragraph 3, the functions of the Health and Safety Executive, the Health and Safety Executive for Northern Ireland , the Office for Nuclear Regulation and a local (health and safety) authority are to—

(a) secure the health, safety and welfare of persons at work;

(b) protect others against risks to health and safety in connection with activities of persons at work;

3

In Northern Ireland, paragraph 2 does not apply in respect of—

(a) substances for which the Explosives Acts (Northern Ireland) 1875 to 1970, the Health and Safety Quarries (Explosives) Regulations (Northern Ireland) 2006, or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 make provision; or

(b) tier 1 substances within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.

4

The function of a local (consumer safety) authority is to ensure that goods made available to the public for their personal consumption are safe.

5

The function of the Secretary of State is to control the use on, and discharge from, offshore installations of articles and substances in order to protect the marine environment.

SCHEDULE 3 — Health and safety enforcement

PART 1 — Definitions

1

For the purposes of this Schedule—

(a) “agricultural activities”—

(i) includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use;

(ii) does not include such activities at a garden centre or other shop.

but “livestock breeding and keeping” does not include activities the main purpose of which is entertainment.

(b) “common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;

(c) “consumer services” means services of a type ordinarily supplied to persons who receive them otherwise than in the course of a trade, business or other undertaking carried on by them (whether for profit or not);

(d) “dock premises” has the meaning assigned to it by—

(i) in relation to Great Britain, paragraph 2 of Schedule 9 to the Work at Height Regulations 2005;

(ii) in relation to Northern Ireland, Schedule 10, paragraph 2 of the Work at Height Regulations (Northern Ireland) 2005;

(e) “electricity system” does not include—

(i) in relation to Great Britain, the consumer’s installation within the meaning of regulation 3(1) of the Electricity Safety, Quality and Continuity Regulations 2002[^f00016];

(ii) in relation to Northern Ireland, the electric lines situated upon the consumer’s side of the supply terminals together with any apparatus permanently connected or intended to be permanently connected thereto;

(iii) the electric lines situated upon the consumer’s side of the supply terminals together with any apparatus or equipment permanently connected or intended to be permanently connected thereto;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) “fairground” means such part of premises as is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment, swimming pool slide, go-kart, or plant designed to be used by members of the public for entertainment purposes for bouncing upon;

(h) “gas” has the meaning assigned to it by—

(i) in relation to Great Britain, section 48 of the Gas Act 1986[^f00017];

(ii) in relation to Northern Ireland, Part III of the Gas (Northern Ireland) Order 1996[^f00018];

(i) “gas fitting” has the meaning assigned to it by—

(i) in relation to Great Britain, section 48 of the Gas Act 1986;

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997[^f00019];

(j) “guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—

(i) travel along roads; and

(ii) are guided (whether while on the road or at other times) by means of—

(aa) apparatus, a structure or other device which is fixed and not part of the bus; or

(bb) a guidance system which is automatic.

(k) “guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of—

(i) rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or

(ii) a guidance system which is automatic,

and for this purpose “vehicle” includes a mobile traction unit.

(ka) “hazardous substance or mixture” means a substance or mixture which meets the criteria for classification within any health hazard class or physical hazard class laid down in 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, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time

(l) “livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;

(m) “mine” has the meaning assigned to it by—

(i) in relation to Great Britain, section 180 of the Mines and Quarries Act 1954[^f00020] but, notwithstanding subsection (7) of that section, does not include any railway serving the mine unless and to the extent that the railway is located within the curtilage of the mine;

(ii) in relation to Northern Ireland, section 156 of the Mines Act (Northern Ireland) 1969;

(n) “office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;

(o) “pleasure craft” has the meaning assigned to it by—

(i) in relation to Great Britain, paragraph 2 of Schedule 9 to the Work at Height Regulations 2005;

(ii) in relation to Northern Ireland, Schedule 10, paragraph 2 of the Work at Height Regulations (Northern Ireland) 2005;

(p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) “quarry” has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 3 of the Quarries Regulations 1999[^f00024];

(ii) in relation to Northern Ireland, regulation 3 of the Quarries Regulations (Northern Ireland) 2006[^f00025];

(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s) “road”—

(i) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;

(ii) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984[^f00027];

(t) “trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);

(u) “veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 1966[^f00028];

(v) “work” in relation to a gas fitting has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 2(1) of the Gas Safety (Installation and Use) Regulations 1998[^f00029];

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997[^f00030];

(w) “zoo” has the meaning assigned to it in relation to Great Britain by section 1(2) of the Zoo Licensing Act 1981[^f00031];

(x) “zoological establishment” has the meaning assigned to it in relation to Northern Ireland, by section 12(1) of the Welfare of Animals Act (Northern Ireland) 1972[^f00032].

PART 2 — Local (health and safety) authorities

1

Subject to Part 4, a local (health and safety) authority must perform the joint enforcement duty on behalf of the Executive where the main activity carried on in non-domestic premises is referred to in paragraph 2.

2

The main activity referred to in paragraph 1 is—

(a) the sale of goods, or the storage of goods for retail or wholesale distribution, except—

(i) 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;

(ii) where the main activity is the sale or storage for wholesale distribution of any hazardous substance or mixture;

(iii) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.

(b) the display or demonstration of goods at an exhibition for the purposes of offer or advertisement for sale;

(d) catering services;

(e) the provision of permanent or temporary residential accommodation including the provision of a site for caravans or campers;

(f) consumer services provided in a shop except dry cleaning or radio and television repairs;

(g) cleaning (wet or dry) in coin operated units in launderettes and similar premises;

(h) the use of a bath, sauna or solarium, massaging, hair transplanting, skin piercing, manicuring or other cosmetic services and therapeutic treatments, except where they are carried out under the supervision or control of a registered medical practitioner, a dentist registered under the Dentists Act 1984[^f00033], a physiotherapist, an osteopath or a chiropractor;

(i) the practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities except where the main activity is the exhibition of a cave to the public;

(j) the hiring out of pleasure craft for use on inland waters;

(k) the care, treatment, accommodation or exhibition of animals, birds or other creatures, except where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery;

(l) the activities of an undertaker, except where the main activity is embalming or the making of coffins;

(m) church worship or religious meetings;

(n) the provision of car parking facilities within the perimeter of an airport;

(o) the provision of child care, or playgroup or nursery facilities.

3

For the purposes of paragraph 2—

(a) where a vehicle is parked in connection with the sale of—

(i) food;

(ii) drink; or

(iii) other articles,

the vehicle, including its pitch, must be regarded as separate premises for the purposes of paragraph 2;

(b) where any non-domestic premises are occupied by more than one occupier each part separately occupied must be regarded as being separate premises;

(c) where the main activity carried on in premises is the sale and fitting of motor vehicle tyres, exhausts, windscreens or sunroofs, the main activity must be regarded as the sale of goods.

PART 3 — The Executive

1

Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority in relation to—

(a) any activity in a mine or quarry other than a quarry in respect of which notice of abandonment has been given—

(i) in relation to Great Britain, under regulation 45(1) of the Quarries Regulations 1999;

(ii) in relation to Northern Ireland, under regulation 39(1) of the Quarries Regulations (Northern Ireland) 2006;

(b) any activity in a fairground;

(c) any activity in premises occupied by a radio, television or film undertaking in which the activity of broadcasting, recording or filming is carried on, and the activity of broadcasting, recording or filming wherever carried on, and for this purpose “film” includes video;

(d) construction work if—

(i) the project which includes the work is notifiable within the meaning of—

(aa) in relation to Great Britain, regulation 6(1) of the Construction (Design and Management) Regulations 2015;

(bb) in relation to Northern Ireland, regulation 2(3) of the Construction (Design and Management) Regulations (Northern Ireland) 2016.

(ii) the whole or part of the work contracted to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure;

(iii) it is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them.

(e) the installation, maintenance or repair of any gas system, or any work in relation to a gas fitting;

(f) the installation, maintenance or repair of electricity systems;

(g) work with ionising radiations except work in one or more of the categories set out—

(i) in relation to Great Britain, in Schedule 1 to the Ionising Radiations Regulations 2017;

(ii) in relation to Northern Ireland, in Schedule 1 to the Ionising Radiations Regulations (Northern Ireland) 2017;

(h) the use of ionising radiations for medical exposure;

(i) any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations;

(j) in relation to Northern Ireland, any activity involving genetic modification within the meaning of regulation 2(1) of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015;

(k) agricultural activities, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment;

(l) any activity on board a sea-going ship;

(m) any activity in relation to a ski slope, ski lift, ski tow or cable car;

(n) fish, maggot and game breeding except in a zoo or zoological establishment;

(o) in relation to Northern Ireland, horse breeding or horse training at a stable;

(p) any activity in relation to a pipeline within the meaning of—

(i) in relation to Great Britain, regulation 3 of the Pipelines Safety Regulations 1996[^f00039];

(ii) in relation to Northern Ireland, regulation 3 of the Pipelines Safety Regulations (Northern Ireland) 1997[^f00040].

(q) except in Northern Ireland, the operation of—

(i) a guided bus system; or

(ii) any other system of guided transport, other than a railway, that employs vehicles which for some or all of the time when they are in operation travel along roads.

(r) in relation to Northern Ireland, the operation of a railway;

(s) except in Northern Ireland, the operation of a trolley vehicle system;

(t) in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014.

2

In relation to paragraph 1(d)(iii)—

(a) reference to a physically segregated area does not include an area segregated only in order to prevent the escape of asbestos; and

(b) “asbestos” has the meaning assigned to it in relation to Great Britain, by regulation 2(1) of the Control of Asbestos Regulations 2012 or in relation to Northern Ireland, by regulation 2(1) of the Control of Asbestos Regulations (Northern Ireland” 2012.

3

In paragraph 1, “ionising radiations” and “medical exposure” in relation to those radiations have the meaning assigned to them in relation to Great Britain, by regulation 2(1) of the Ionising Radiations Regulations 2017 or in relation to Northern Ireland, by regulation 2(1) of the Ionising Radiations Regulations (Northern Ireland) 2017.

4

Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority—

(a) in relation to a body specified in paragraph 5 or 6;

(b) in relation to the officers or servants of such a body; or

5

In Great Britain, the bodies referred to in paragraph 4 are—

(a) a local authority being—

(i) in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

(ii) in England outside Greater London, a county council or a district council, and the Council of the Isles of Scilly;

(iii) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00044];

(iv) in Wales, a county council or county borough council;

(b) a parish council in England or a community council in Wales or Scotland;

(d) a fire and rescue authority under the Fire and Rescue Services Act 2004 [^f00046];

(e) the Scottish Fire and Rescue Service;

(f) a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964[^f00048];

(g) a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952[^f00049];

(h) the United Kingdom Atomic Energy Authority;

(i) the Crown, except in relation to any part of any premises occupied by the Health and Safety Executive.

6

In Northern Ireland, the bodies referred to in paragraph 4 are—

(a) a district council established under section 1 of the Local Government Act (Northern Ireland) 1972[^f00050];

(b) the Northern Ireland Policing Board as defined in section 2 of the Police (Northern Ireland) Act 2000[^f00051];

(c) the Northern Ireland Fire and Rescue Service Board as referred to in article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006[^f00052];

(d) a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964;

(e) a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952;

(f) the Crown.

7

Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority in relation to—

(a) the tunnel system within the meaning it would have in section 1(7) of the Channel Tunnel Act 1987[^f00053] if the words “to be” did not appear;

(b) an offshore installation;

(c) a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work;

(d) the campus of a university, college, school or similar educational establishment;

(e) a hospital;

(f) in relation to Northern Ireland, a railway station, railway goods yard, railway track and any part of adjacent premises, occupied in connection with them.

PART 4 — Local (health and safety) authorities and the Executive

1

Subject to paragraph 3, paragraph 2 applies to the common parts of any non-domestic premises where those premises are occupied by more than one occupier.

2

Where this paragraph applies—

(a) to the extent the Executive must perform a joint enforcement duty on behalf of a local (health and safety) authority under this Schedule for all other parts of the premises, it must also do so for the common parts of those premises;

(b) to the extent a local (health and safety) authority must perform a joint enforcement duty on behalf of the Executive under this Schedule for all other parts of the premises, it must also do so for the common parts of those premises.

3

In relation to land within the perimeter of an airport which consists of common parts,—

(a) for those parts not within a building or to which passengers are admitted but other members of the public are not admitted, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority;

(b) for the remaining common parts, a local (health and safety) authority must perform the joint enforcement duty on behalf of the Executive.

SCHEDULE 4 — Defence exemption certificates

1

The Secretary of State may decide that it is necessary in the interests of defence for a person to be exempt from compliance with a listed REACH provision.

2

The Secretary of State may decide to apply the exemption—

(a) to a person, including the Secretary of State, or a category of persons;

(b) to one or more provision at the same time;

(d) for a limited or unlimited period;

(e) generally or to a particular case;

(f) subject to such limitations and conditions as the Secretary of State sees fit.

3

A decision of the Secretary of State to apply the exemption must be evidenced in writing by a certificate.

4

A certificate—

(a) must contain sufficient particulars of the persons to whom, and the matters to which, it relates; and

(b) may be varied or revoked in writing.

5

The Secretary of State may provide to a person who has the benefit of a certificate—

(a) the certificate;

(b) a copy of it; or

6

A person who claims the benefit of a certificate must produce to the persons listed in paragraph 7 or 7A when reasonably requested to do so—

(a) the certificate;

(b) a copy of it made by the Secretary of State; or

7

The persons referred to in paragraph 6—

(za) the Agency;

(zb) the appropriate authorities;

(a) an enforcing authority;

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

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

8

Unless the contrary is proved—

(a) a certificate;

(b) a copy of it made by the Secretary of State; or

is conclusive evidence of the matters to which it relates.

SCHEDULE 5 — Marketing and use of leaded paints

PART 1 — Permitted marketing and use

1

A person may market leaded paint if it is marketed with a view to its use as set out in paragraph 2.

2

Subject to paragraph 3, a person may use leaded paint if the paint is used in the restoration or maintenance of—

(a) historic buildings or their interiors;

(b) scheduled monuments; or

where it is required to restore or maintain historic textures or finishes.

3

A person who intends to use leaded paint must—

(a) where that person intends to obtain the paint from a supplier of such paint, provide to that supplier a relevant declaration; or

(b) in any other case, provide to the competent body a relevant declaration and comply with paragraph 6.

4

A person may supply leaded paint if that person complies with paragraph 5.

5

A person who receives a relevant declaration pursuant to paragraph 3(a) and agrees to supply leaded paint to the intended user stated in the declaration—

(a) must send the declaration to the competent body with a notification; and

(b) must not supply the paint—

(i) earlier than 3 weeks after providing the relevant declaration and notification to the competent body; or

(ii) if that person receives a notice under paragraph 7(a) from the competent body.

6

A person who provides a relevant declaration under paragraph 3(b) must not use the paint—

(a) earlier than 3 weeks after providing the relevant declaration to the competent body; or

(b) if that person receives a notice under paragraph 7(a) from the competent body.

7

If a competent body is not satisfied with the content of a relevant declaration or notification, it must—

(a) within 2 weeks of receipt, give notice to that effect in writing to the person from whom it was received with reasons for its decision; and

(b) as soon as possible, provide a copy of that notice to such enforcing authorities as the competent body believes are appropriate.

8

For the purposes of this Schedule—

“competent body” means—English Heritage if the historic building, scheduled monument or work of art is in England;Cadw if the historic building, scheduled monument or work of art is in Wales;the Scottish Ministers if the historic building, scheduled monument or work of art is in Scotland;the Department of the Environment if the historic building, scheduled monument or work of art is in Northern Ireland;

“historic building” means—in relation to England ..., a listed building within the meaning of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00054] which is classified as Grade I or Grade II (starred); in relation to Wales, a listed building within the meaning of section 76 of the Historic Environment (Wales) Act 2023 which is classified as Grade I or Grade II (starred); in relation to Scotland, a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997[^f00055] which is classified as category A;in relation to Northern Ireland, a listed building within the meaning of article 42(7) of the Planning (Northern Ireland) Order 1991[^f00056];

“leaded paint” means paint containing lead carbonates or lead sulphates listed at points 16 and 17 of Annex XVII of REACH;

“notification” means a written notification that contains the matters in Part 3 of this Schedule;

“relevant declaration” means a written declaration that contains the matters in Part 2 of this Schedule ;

“scheduled monument” has the same meaning—in England ... and Scotland, as it has in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979[^f00057]; in Wales, as it has in section 3 of the Historic Environment (Wales) Act 2023; in Northern Ireland, as it has in article 3(2) of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995[^f00058].

PART 2 — Contents of a relevant declaration

1

The name, address and telephone number of the intended user of the paint.

2

The quantity, trade name and manufacturer of the paint intended to be used.

3

In the case of a listed building, the name, address and owner of the building and, where appropriate, its listing category.

4

In the case of a scheduled monument, the name, location and owner (if known) of the monument.

5

In the case of a listed building or scheduled monument, details of the parts of the building or monument where the paint is to be applied.

6

In the case of a work of art, its name, date, author, location, the name and address of the owner and details of how the paint is intended to be used.

7

The date the declaration is made and the signature and name of the person making it.

PART 3 — Contents of a notification

1

The name, address and telephone number of the intended supplier of the paint.

2

A statement that the intended supplier agrees to supply to the intended user paint of the quantity and type stated in the relevant declaration.

3

The date the notification is made and the signature and name of the person making it.

SCHEDULE 6 — Powers of enforcement

PART 1 — The Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment

SECTION 1 — Powers of entry and warrants

1

The powers of any authorised person are—

(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which that person has reason to believe it is necessary to enter;

(b) on entering any premises by virtue of sub-paragraph (a), to—

(i) be accompanied by any other person duly authorised by the enforcing authority and, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of the authorised person’s duty, a constable;

(ii) take any equipment or materials required for any purpose for which the power of entry is being exercised;

(d) as regards any premises which the authorised person has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e) to take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f) to take samples, or cause samples to be taken, of any thing found in or on any premises which the authorised person has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;

(g) in the case of any thing found in or on any premises which the authorised person has power to enter and which appears to that person to be in contravention of a listed REACH provision, to cause it to be dismantled or subjected to any process or test (but not so as to destroy or damage it, unless that is necessary);

(h) in the case of any thing mentioned in sub-paragraph (g), to take possession of it and detain it for so long as is necessary for all or any of the following purposes—

(i) to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which the authorised person has power to do under that sub-paragraph;

(ii) to ensure that it is not tampered with before examination of it is completed; and

(iii) to ensure that it is available for use in any proceedings for an offence under regulation 11 or 13;

(i) to require any person whom the authorised person has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of that person’s answers;

(j) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for the authorised person to see for the purposes of an examination or investigation under sub-paragraph (c) and to inspect, and take copies of, or of any entry in, the records; and

(k) to require any person to afford the authorised person such facilities and assistance with respect to any matters or things within the other person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on the authorised person by Part 1 of this Schedule.

2

Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of paragraph 1 must only be effected—

(a) after the expiration of at least seven days’ notice of the proposed entry given to a person who appears to the authorised person in question to be in occupation of the premises in question; and

(b) either—

(i) with the consent of the person who is in occupation of those premises; or

(ii) under the authority of a warrant by virtue of section 2 of Part 1 of this Schedule.

3

Except in an emergency, where an authorised person proposes to enter any premises and—

(a) entry has been refused and the authorised person apprehends on reasonable grounds that the use of force may be necessary to effect entry; or

(b) the authorised person apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry on to those premises by virtue of paragraph 1 must only be effected under the authority of a warrant by virtue of section 2 of Part 1 of this Schedule.

4

In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, the powers under paragraph 1 have effect subject to section 6(3) of the Atomic Energy Authority Act 1954[^f00059] (which restricts entry to such premises that are prohibited places within the meaning of Part 1 of the National Security Act 2023).

5

Where an authorised person proposes to exercise the power conferred by paragraph 1(g), that person must, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that other person.

6

Before exercising the power conferred by paragraph 1(g), an authorised person must consult—

(a) such persons having duties on the premises where the thing is to be dismantled or subject to the process or test; and

(b) such other persons,

as appear to the authorised person to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which it is proposed to do or cause to be done under the power.

7

No answer given by a person in pursuance of a requirement imposed under paragraph 1(i) is admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings, or in Scotland against that person in any criminal proceedings.

8

Nothing in paragraph 1 compels the production by any person of a document which—

(a) except in relation to Scotland, that person would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the County Court or High Court; or

(b) in relation to Scotland, contains confidential information made by or to an advocate or solicitor in that capacity and which that person would be entitled to withhold production on an order for the production of documents in an action in the Court of Session.

9

Section 2 of Part 1 of this Schedule has effect with respect to the powers of entry and related powers conferred by paragraph 1.

10

In this section—

“emergency” means a case in which it appears to the authorised person in question—that there is an immediate risk of serious pollution of the environment or serious harm to human health; orthat circumstances exist which are likely to endanger life or health,and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;

“premises” means any land, vehicle, vessel or plant which is designed to move or be moved whether on roads or otherwise.

SECTION 2 — Warrants, evidence and compensation

11

If it is shown to the satisfaction, in England and Wales of a justice of the peace, in Scotland of the sheriff or a justice of the peace, or in Northern Ireland of a lay magistrate, on sworn information in writing—

(a) that there are relevant grounds for the exercise in relation to any premises of the powers under paragraph 1; and

(b) that one or more of the conditions specified in paragraph 12 is fulfilled in relation to those premises,

the justice, sheriff or lay magistrate may by warrant authorise an enforcing authority to designate a person who is authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

12

The conditions mentioned in paragraph 11 are—

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such a refusal is reasonably apprehended;

(d) that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e) that an application for admission to the premises would defeat the object of the proposed entry.

13

In a case where paragraph 12 applies, a justice of the peace, sheriff or lay magistrate must not issue a warrant under paragraph 11 by virtue only of being satisfied that the exercise of the power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless the justice of the peace, sheriff or lay magistrate is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired.

14

Every warrant under paragraph 11 continues in force until the purposes for which the warrant was issued have been fulfilled.

15

An authorised person must produce evidence of that person’s authorisation or designation and other authority before exercising the power.

16

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The REACH Enforcement Regulations 2008

PART 1 — Introduction

Citation and commencement

1

Interpretation

2

PART 2 — Enforcement

Enforcement

3

Co-operation and information sharing

4

Enforcement agreements

5

Health and safety enforcement

6

PART 3 — Exemptions

Defence

7

Marketing and use of leaded paint

8

PART 4 — Enforcement powers and civil proceedings

Enforcement powers

9

Authorised persons

10

PART 5 — Offences and penalties

CHAPTER 1 — Offences and penalties in relation to a listed REACH provision and Schedules 4 and 5

Offences

11

Penalties

12

CHAPTER 2 — Other offences and penalties

Offences

13

Penalties

14

CHAPTER 3 — Bodies corporate, Scottish partnerships and remediation

Bodies corporate and Scottish partnerships

15

Power of court to order cause of offence to be remedied

16

CHAPTER 4 — Matters in relation to criminal proceedings

Appearance of authorised persons before a court of summary jurisdiction

17

Criminal proceedings under regulation 11 or 13

18

Criminal proceedings against the Crown

19

CHAPTER 5 — Civil Proceedings

Proceedings before a civil court

20

PART 6 — Appeals against notices and service of documents

Appeals against notices

21

Service of documents

22

PART 7 — Revocations and amendments

Revocations and amendments

23

SCHEDULE 1 — Table of General REACH provisions

SCHEDULE 2 — Functions of enforcing authorities

1

2

3

4

5

SCHEDULE 3 — Health and safety enforcement

PART 1 — Definitions

1

PART 2 — Local (health and safety) authorities

1

2

3

PART 3 — The Executive

1

2

3

4

5

6