The REACH Enforcement Regulations 2008

Type Statutory-Instrument
Publication 2008-11-01
Last updated 2025-01-06
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
Reform history JSON API
Statutory Instrument Number Citation Extent of revocation Dateof revocation
S.I.1993/3050 The Notification of New Substances Regulations 1993 The whole instrument. 1st December 2008
S.I. 1994/1806 The Notification of Existing Substances (Enforcement) Regulations 1994 The whole instrument. 1st December 2008
S.I. 1996/1373 The Notification of Existing Substances (Enforcement) (Amendment) Regulations 1996 The whole instrument. 1st December 2008
S.I. 2001/1055 The Notification of New Substances (Amendment) Regulations 2001 The whole instrument. 1st December 2008
S.I. 2002/1689 The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 In regulation 8, paragraphs (4), (5) and (6). 1st June 2009
S.I. 2002/1689 The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 Regulation 12(1)(d).Schedule 4. 1st December 2008
S.I. 2002/2176 The Notification of New Substances (Amendment) Regulations 2002 The whole instrument. 1st December 2008
S.I. 2002/2677 The Control of Substances Hazardous to Health Regulations 2002 Regulation 4(4).In Schedule 2, entries numbered 11, 12 and 13. 1st June 2009
S.I. 2004/3386 The Control of Substances Hazardous to Health (Amendment) Regulations 2004 Regulation 2(g). 1st June 2009
S.I. 2005/2571 The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005 Regulation 2(3). 1st December 2008
S.I. 2006/2739 The Control of Asbestos Regulations 2006 Regulations 25(3), 27, 28, 29 and 32(2). 1st June 2009
S.I. 2008/736 The Health and Safety (Fees) Regulations 2008 Regulation 14 and Schedule 11. 1st December 2008

PART 3 — Amendments to Regulations that extend to Great Britain

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

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The Control of Substances Hazardous to Health Regulations 2002

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The Control of Substances Hazardous to Health Regulations 200260 are amended as follows on 1st June 2009.

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Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain substances).

The Control of Asbestos Regulations 2006

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The Control of Asbestos Regulations 200661 are amended as follows on 1st June 2009.

8

In paragraph (1) of regulation 25 (interpretation of prohibitions) omit the definitions of “asbestos cement” and “use”.

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In paragraph (1) of regulation 32 (exemption certificates ) omit “to (7) and 27” and substitute “and (7)”.

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In regulation 33 (exemptions relating to the Ministry of Defence) omit “all or any of the prohibitions” and substitute “the prohibition”.

11

In paragraph (2) of regulation 35 (existing licences and exemption certificates) omit the reference to regulation 32(2).

PART 4 — Revocations to Statutory Rules of Northern Ireland

Statutory Rule Number Citation Extent of revocation Dateof revocation
S.R. (NI) 1994 No 6 The Notification of New Substances Regulations (Northern Ireland) 1994 The whole instrument. 1st December 2008
S.R. (NI) 2002 No 301 The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 In regulation 8, paragraphs (4), (5) and (6). 1st June 2009
S.R. (NI) 2002 No 301 The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 Regulation 12(1)(d).Schedule 4. 1st December 2008
S.R. (NI) 2003 No 34 The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 Regulation 4(3).In Schedule 2, entries numbered 11, 12 and 13. 1st June 2009
S.R. (NI) 2003 No 36 The Notification of New Substances (Amendment) Regulations (Northern Ireland) 2003 The whole instrument. 1st December 2008
S.R. (NI) 2004 No 76 The Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2004 The whole instrument. 1st June 2009
S.R. (NI) 2005 No 165 The Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2005 Regulation 3(g). 1st June 2009
S.R. (NI) 2005 No 463 The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005 Regulation 2(3). 1st December 2008
S.R. (NI) 2007 No 31 The Control of Asbestos Regulations (Northern Ireland) 2007 Regulations 25(3), 27, 28 and 31(2). 1st June 2009
S.R. (NI) 2008 No 21 The Health and Safety (Fees) Regulations (Northern Ireland) 2008 Regulation 8 and Schedule 6. 1st December 2008

PART 5 — Amendments to Statutory Rules of Northern Ireland

The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

1

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The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

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The Control of Substances Hazardous to Health Regulations (Northern Ireland) 200362 are amended as follows on 1st June 2009.

6

Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain substances).

The Control of Asbestos Regulations (Northern Ireland) 2007

7

The Control of Asbestos Regulations (Northern Ireland) 200763 are amended as follows on 1st June 2009.

8

In paragraph (1) of regulation 25 (interpretation of prohibitions) omit the definitions of “asbestos cement” and “use”.

9

In regulation 32 (exemptions relating to the Ministry of Defence) omit “all or any of the prohibitions” and substitute “the prohibition”.

10

In paragraph (2) of regulation 34 (existing licences and exemption certificates) omit the reference to regulation 31(2).

Signed

Huw Irranca-Davies — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2008-11-01

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations apply to the United Kingdom and provide for the enforcement of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)(OJ No L 396, 30.12.2006, p1).

Under regulation 2, the enforcing authorities are: (a) the Department of the Environment (b) the Environment Agency (c) the Health and Safety Executive (d) the Health and Safety Executive for Northern Ireland (e) a local (consumer safety) authority (f) a local (health and safety) authority (g) the Scottish Environment Protection Agency and (h) the Secretary of State.

Regulation 3 imposes enforcement duties on enforcing authorities to enforce those provisions of REACH listed in Schedule 1.

Regulation 4 requires enforcing authorities to cooperate and share information with other bodies connected to REACH enforcement and provides for information sharing by the Commissioners for Revenue and Customs.

Regulation 5 provides for agreements between enforcing authorities under which one authority may act on behalf of another authority.

Regulation 6 provides for arrangements between enforcing authorities responsible for the enforcement of health and safety aspects of REACH.

Regulation 7 provides for defence exemption certificates.

Regulation 8 makes provision for an exemption from Article 67 of REACH for the marketing and use of leaded paint.

Regulation 9 provides for the powers of enforcing authorities as set out in Schedule 6 and regulation 10 provides for those persons authorised to act as authorised persons for those authorities.

Regulation 11 creates criminal offences and regulation 12 provides for penalties in respect of those offences. Further criminal offences are created under regulation 13 and penalties in respect of those offences are set out in regulation 14.

Regulation 15 provides for the liability of corporate bodies.

Under regulation 16 a court may require persons convicted of an offence under these Regulations to remedy those matters for which they were convicted.

Under regulation 17 persons authorised by the Health and Safety Executive or the Health and Safety Executive for Northern Ireland may, except in Scotland, prosecute an offence under these Regulations.

Regulation 18 provides that no criminal proceedings for an offence under these Regulations may be instituted in England and Wales except by an enforcing authority or by or with the consent of the Director of Public Prosecutions and in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Regulation 19 provides that the Crown will not be criminally liable for any contravention of these Regulations.

Under regulation 20 enforcing authorities may institute civil proceedings against a person where criminal proceedings are unlikely to result in an effective remedy.

Regulation 21 provides for appeals against notices issued by enforcing authorities.

Regulation 22 and Schedule 9 provide for service of documents.

Regulation 23 and Schedule 10, provide for revocations and amendments of enactments.

Schedule 1 contains a table listing provisions of REACH which enforcing authorities must enforce. Schedule 2 sets out the functions of enforcing authorities.

Schedule 3 provides for arrangements between enforcing authorities responsible for the enforcement of health and safety aspects of REACH.

Schedule 4 provides for matters in connection with defence exemption certificates.

Schedule 5 provides for matters in relation to leaded paint.

Schedule 6 sets out the powers of enforcing authorities.

Schedule 7 sets out those provisions under other enactments which enable a person to act as an authorised person of an enforcing authority under these Regulations.

Schedule 8 contains provisions relating to appeals against notices issued by enforcing authorities.

Schedule 9 contains provisions concerning service of documents.

Schedule 10 lists enactments amended or revoked under these Regulations.

A transposition note and an Impact Assessment of the effect of this instrument on the costs to business have been prepared. They may be obtained from the Chemicals and Nanotechnology team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and at www.defra.gov.uk. Copies have been placed in the library of each House of Parliament.

Footnotes

2

1972 c.68. The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).

3

The appointment of the competent authorities, except in relation to Scotland, was made under S.I. 2007/1742. By administrative arrangements, the competent authorities have delegated the Health and Safety Executive to act on their behalf.

4

1972 c.9 as amended by S.I. 1985/454.

6

1974 c. 37; section 25A was inserted by section 36 and Schedule 3, paragraph 3 of the Consumer Protection Act 1987 (c. 43).

12

S.I. 1999/2024 to which there are amendments not relevant to these Regulations.

19

1972 c.7 (N.I.); section 12(1) was amended by S.I. 1994/1891 (N.I. 6) article 14.

20

1984 c.24; relevant amending instruments are S.I. 1996/1496, 1998/811 and 2007/3101.

24

Section 327 of the Greater London Authority Act 1999 (c. 29) provides for the abolition of the office of Receiver but an order to do so under that section has not yet been made.

28

1972 c.9 as amended by S.I. 1985/454.

Editorial notes

69

Words in Sch. 3 Pt 3 para. 2(b) substituted (06.04.2012) by The Control of Asbestos Regulations 2012 (S.I. 2012/632), Sch 3

100

Words in Sch. 1 omitted (16.12.2013) by virtue of The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 7(7)

104

Words in Sch. 6 Pt. 2 heading inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 12(a)

106

Words in Sch. 7 s. 3 heading inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 13(a)

107

Word in Sch. 7 s. 3 omitted (16.12.2013) by virtue of The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 13(b)

113
116

Sch. 3 Pt. 1 para. 1(f) omitted (16.12.2013) by virtue of The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 9(a)

117

Sch. 3 Pt. 1 para. 1(r) omitted (16.12.2013) by virtue of The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 9(a)

118

Words in Sch. 5 Pt.1 para. 8 substituted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 10

120
140

Sch. 3 Pt.3 para. 1(t) substituted (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 21

145

Words in Sch. 3 Pt. 1 para. 1(m)(i) substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 15 (with reg. 1(3))

146

Word in Sch. 3 Pt. 3 para. 1(d)(i)(aa) substituted (6.4.2015) by The Construction (Design and Management) Regulations 2015 (S.I. 2015/51), reg. 1, Sch. 5 (with reg. 3, Sch. 4)

156

This version of this provision extends to NI only. A new version of this provision has been created for E+W+S

157

This version of this provision extends to E+W+S only. The original version of this provision exists for NI

158

Words in Sch. 3 Pt. 5 heading substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 8

160

This version of this provision extends to E+W+S+NI+ only. A new version of this provision has been created for

161

Words in Sch. 6 Pt. 2 heading substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 8

163

This version of this provision extends to E+W+S+NI+ only. A new version of this provision has been created for

164

This version of this provision extends to only. The original version of this provision exists for E+W+S+NI+

171
172

Words in Sch. 3 Pt.1 para. 1(m)(ii) substituted (N.I.) (1.2.2017) by The Mines Regulations (Northern Ireland) 2016 (S.R. 2016/427), reg. 1(2), Sch. 5 para. 12

174

Words in Sch. 3 Pt.3 para. 1(g)(i) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 9(a) (with regs. 2(5), 3, Sch. 8)

175

Words in Sch. 3 Pt.3 para. 1(g)(ii) substituted (1.1.2018) by The Ionising Radiations Regulations (Northern Ireland) 2017 (S.R. 2017/229), reg. 1, Sch. 9 para. 8(a) (with reg. 41, Sch. 8)

176

Words in Sch. 3 Pt. 3 para. 3 substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 9(b) (with regs. 2(5), 3, Sch. 8)

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