The REACH Enforcement Regulations 2008

[^V_NI_d3dfb73f-34b3-7a48-409c-1fce81b2e57e]: Words in reg. 2(2) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 132(a) (with Sch. 4)

[^V_NI_66935408-fc26-1b38-f560-912bc0fb07e6]: Words in reg. 2(2) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 132(b) (with Sch. 4)

[^V_NI_9d60faa9-e196-977c-92bc-1b7c9ebef5c7]: Words in reg. 2(2) inserted (1.12.2014) by The REACH Enforcement (Amendment) Regulations 2014 (S.I. 2014/2882), regs. 1, 2(2)

[^V_NI_4bfc8e3c-bb67-2324-a11c-993bb6d132d3]: Words in reg. 2(2) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(3)(b)

[^V_NI_14e3b305-e759-6f66-5a2d-225156a7306f]: Words in reg. 2(2) inserted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(b)

[^V_NI_bdd43176-2935-cbde-b4b8-052c540beb98]: Words in reg. 2(2) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(3)(a)(i)

[^V_NI_3c0230a8-6b53-d4fc-ec59-a5f4e6ffc228]: Words in reg. 2(2) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(3)(c)(ii)

[^V_NI_f0d38400-cd80-7767-61ef-a5a66661100f]: Words in reg. 2(2)(i) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 303 (with Sch. 7)

[^V_NI_d77e8134-8dad-0c87-7008-6a136bd64b71]: Words in reg. 2(2) substituted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(a)

[^V_NI_dcb445d7-95de-2100-dbc2-f6009f6f68c6]: Words in reg. 2(3) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(4)

[^V_NI_efd56ce6-0b29-4d8a-c85b-fe5148b68641]: Words in reg. 2(2) inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 3(2)(a)

[^V_NI_d96eb812-c0fc-7f32-186d-c1af0f9e0bee]: Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(2)(b)

[^V_NI_9c0d4b26-7395-3023-77da-774839528d03]: Words in reg. 2(2) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(3)(a)(ii)

[^V_NI_ccc79cae-d82c-3d7d-a373-d0b1934299fb]: Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(2)(c)

[^V_NI_b1f6d92f-45a3-269c-56e0-3f986a7c0c44]: Words in reg. 2(2) inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 3(2)(d)

[^V_NI_a047084e-596b-259d-283c-fdfd4e2364f3]: Words in reg. 2(2) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(3)(d)

[^V_NI_dfe70d5b-c564-69a9-3c56-e8559978a0ba]: Words in reg. 2(2) inserted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(c)

[^V_NI_21ca6176-73d0-d9dd-0e34-7b4cb5fd91cf]: Words in reg. 2(2) substituted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(d)

[^V_NI_ba4fae52-0e64-1643-1928-313f910ab1d7]: Words in reg. 2(2) inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 3(2)(b)

[^V_NI_5ae14a78-e98d-1a2e-b1bc-68bef15388be]: Words in reg. 2(2) inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 3(2)(c)

[^V_NI_b1fc0a0e-e3c2-87b2-5086-2b002418afec]: Reg. 3A omitted (N.I.) (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(6)

[^V_NI_6a2ad5c4-7616-ca3d-a596-ec556bcaeefb]: Words in reg. 4(1) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(b)

[^V_NI_614933d2-2815-63ea-b53d-8c0356f903d1]: Words in reg. 4(2)(b) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(d)(ii)

[^V_NI_4f7fedc9-7922-d679-49c0-9edcafdfd2b5]: Words in reg. 4(1)(c) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(a)

[^V_NI_a5f2db47-c844-1aae-ed18-9bd7f19aac0a]: Reg. 4(1A) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(c)

[^V_NI_a206bd77-a64a-3239-15ad-d3bbc89124b0]: Words in reg. 4(2) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(d)(i)

[^V_NI_d2b86600-e61e-ef93-6c56-b1152296604f]: Reg. 7(1A) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(8)(c)

[^V_NI_e7d24ff4-6e39-c8a2-00c3-eb302952b974]: Word in reg. 7(1)(b) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(8)(b)

[^V_NI_3c8f2d55-2081-7743-eb58-fb25286cbd28]: Words in reg. 7(1) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(8)(a)

[^V_NI_5c6537fc-2939-ffe9-0dbc-7fcccb17e0d7]: Reg. 24 omitted (N.I.) (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(9)

[^V_NI_a0966376-6673-cd74-fad5-6508eb9b5e3a]: Word in Sch. 4 para. 7(c) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 16(4)(c)

[^V_NI_89c31446-598f-0feb-524b-a9fe3f768fdc]: Words in Sch. 4 para. 7 inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 16(4)(b)

[^M_F_69974334-8e18-4bd1-f644-a5e93e3eb001]: Words in reg. 3 substituted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(2)(a) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1), 10(3)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_7ee366d5-1488-436b-d820-c94858f7bac1]: Reg. 3(5)(b) omitted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(2)(c)(ii) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1), 10(4)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_d1ba8a35-bd17-4f92-d817-b7ca3788e07a]: Words in reg. 3(5)(a) substituted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(2)(c)(i) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1), 10(3)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-84a4ea8e0535279ecd4f3164f0a6d5e9]: Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(2)(a)

[^M_F_e99b9bed-c7cd-40be-f87e-afe4e2b632c7]: Word in Sch. 1 heading inserted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(4) (as amended by S.I. 2020/1577, regs. 1(1), 3(1); 2020 c. 1, Sch. 5 para. 1(1)

[^key-72045b585bb5fb55d51589cd2e633bd8]: Word in Sch. 1 heading inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 16(1)

[^key-824fbbe7d033f451f1ccad00ba706dc0]: Words in Sch. 6 Pt. 1 para. 4 substituted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 57

[^key-34c94be2cec1873fb42a1edb91956763]: Sch. 3 Pt. 3 para. 5(c) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 49(2)

[^key-cde47cd75431496c23f40f9617be216f]: Regulations applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 49

[^M_F_6fc5d65a-6dc5-4478-9d18-1caa1545bb04]: Sch. 10 Pt. 5 paras. 1-4 revoked (27.7.2009) by The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/238), reg. 18, Sch. 8 Pt. 2

[^key-7ddf6e2a77d39448913d347c507dcc43]: Words in Sch. 5 Pt. 1 para. 8 omitted (W.) (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 44(a)(i)

[^key-33ff7e92f79d81bbbd6c3362b4af814d]: Words in Sch. 5 Pt. 1 para. 8 inserted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 44(a)(ii)

[^key-ee585f34f6f3052b731448efaf1f78de]: Words in Sch. 5 Pt. 1 para. 8 omitted (W.) (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 44(b)(i)

[^key-5f98479e34619e562a1d3fcb8f29547a]: Words in Sch. 5 Pt. 1 para. 8 inserted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 44(b)(ii)

[^key-140a6490b6920b30a5319fb44c4383d6]: Words in Sch. 8 Pt. 2 para. 2 substituted (6.1.2025) by The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 (S.I. 2024/1156), regs. 1(1), 3(2)(a)

[^key-9406b3278b96d98f3abd12cb07c17ae2]: Words in Sch. 8 Pt. 2 para. 3 substituted (6.1.2025) by The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 (S.I. 2024/1156), regs. 1(1), 3(2)(b)

[^M_F_23818c60-1a43-4828-af9c-04aa0872bcd4]: Sch. 10 Pt. 3 paras. 1-4 revoked (6.4.2009) by The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 (S.I. 2009/716), reg. 1(1), Sch. 7 (with regs. 3, 16)

Placing asbestos-containing articles on the market

8A

• (1) A person who places an asbestos-containing article on the market does not breach the restriction on this activity provided for by Article 67 of REACH where—

• (a) this is done in accordance with an asbestos exemption certificate; and

• (b) the asbestos-containing article was installed or in service before 1st January 2005.

• (2) Schedule 5A (placing asbestos-containing articles on the market) has effect.

PART 8 — Review

Review of these Regulations

24

• (1) The Secretary of State must from time to time—

• (a) carry out a review of these Regulations in relation to England;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The report must, in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

• (b) assess the extent to which the objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first report under this regulation must be published before the end of the period of five years beginning with 16th December 2013.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

6

• (1) Subject to sub-paragraph (2), the functions of the Office of Rail Regulation the Office of Rail and Road 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 the activities of persons at work;

• (c) control the manufacture and placing on the market of articles and substances.

• (2) The functions of the Office of Rail Regulation the Office of Rail and Road —

• (a) only apply in relation to the manufacture, placing on the market and use of asbestos fibres in so far as this relates to the operation of a railway; and

• (b) do not apply in relation to Northern Ireland.

• (3) In sub-paragraph (2) “operation of a railway” has the meaning given in regulation 2 of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.

PART 5 — The Office of Rail Regulation The Office of Rail and Road

1

The Office of Rail Regulation the Office of Rail and Road must perform the joint enforcement duty on behalf of the Executive in relation to Article 67 of REACH in so far as this relates to its functions in paragraph 6 of Schedule 2.

SCHEDULE 5A — Placing asbestos-containing articles on the market

1

For the purposes of this Schedule “exempting authority” means—

• (a) the Executive;

• (b) the Office of Rail Regulation the Office of Rail and Road ;

• (c) in relation to matters outside the functions of the Executive and the Office of Rail Regulation the Office of Rail and Road , the competent authority.

2

An exempting authority may issue a certificate in writing exempting a person or class of persons from the prohibition on the placing on the market of asbestos-containing articles provided for by Article 67 of REACH (“asbestos exemption certificate”) in relation to—

• (a) an activity or a class of activities;

• (b) an asbestos-containing article or a class of such articles.

3

An asbestos exemption certificate—

• (a) must include conditions ensuring a high level of protection of human health;

• (b) may be subject to a limit of time;

• (c) may be varied or revoked by a notice in writing; and

• (d) may be issued jointly by more than one exempting authority.

4

An exempting authority must not issue an asbestos exemption certificate unless it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it, having regard to the circumstances of the case, and in particular to—

• (a) the conditions which it proposes to attach to the exemption; and

• (b) any other requirements imposed by or under any enactments which apply to the case.

9A

The powers of an authorised person acting on behalf of the Office of Rail Regulation the Office of Rail and Road —

• (a) do not include the powers in paragraph 1(m) or (n);

• (b) only apply in relation to non-domestic premises.

20

This section does not apply to an authorised person acting on behalf of the Office of Rail Regulation the Office of Rail and Road.

7

The appeal body may—

• (a) appoint a person, with or without payment, to determine the appeal;

• (b) refer any matter involved in the appeal to such person as that body may appoint for that purpose, with or without payment.

Enforcement: relevant nuclear sites

3A

• (1) This regulation applies where the Office for Nuclear Regulation is named against any listed REACH provision in any column of the relevant REACH table.

• (2) The enforcement duty, so far as it relates to that provision of REACH, in relation to anything done or omitted to be done, on a relevant nuclear site—

• (a) applies to the Office for Nuclear Regulation;

• (b) does not apply to any other enforcing authority.

• (3) No enforcement duty applies to the Office for Nuclear Regulation except as provided by this regulation.

• (4) Paragraph (5) applies where there is uncertainty as to what are the respective responsibilities of the Office for Nuclear Regulation and any other enforcing authority or enforcing authorities for the enforcement of any listed REACH provision in respect of any particular circumstances.

• (5) The responsibility for enforcing the relevant listed REACH provision in that respect may be assigned by the Office for Nuclear Regulation and the other enforcing authority or enforcing authorities to—

• (a) the Office for Nuclear Regulation; or

• (b) any other enforcing authority or enforcing authorities.

• (6) An assignment may only be made under paragraph (5)—

• (a) by the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities acting jointly;

• (b) where the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities agree—

• (i) that there is uncertainty in the particular circumstances as to what are their respective responsibilities in relation to enforcement of the listed REACH provision in question; and

• (ii) which authority is, or authorities are (as the case may be), more appropriate to be responsible for the enforcement in those circumstances.

• (7) Where such an assignment is made, the authority or authorities to which responsibility is assigned must give notice of the assignment to persons affected by it.

• (8) Nothing in this regulation affects the power of the Office for Nuclear Regulation and any other enforcing authority to agree arrangements under regulation 5(2).

Co-operation and information sharing

Enforcement agreements

Health and safety enforcement

9B

For the purposes of this section of this Schedule “the appropriate authority” means—

• (a) in Great Britain—

• (i) in relation to a relevant nuclear site, the Office for Nuclear Regulation;

• (ii) otherwise, the Health and Safety Executive;

• (b) in Northern Ireland, the Health and Safety Executive for Northern Ireland.

Placing on the market and use of paint stripper containing dichloromethane

8B

• (1) A person (“P”) who places on the market paint stripper containing dichloromethane for supply to a professional or to a person for use by a professional does not breach the restriction on this activity provided for by Article 67 of REACH where P complies with the provisions of paragraph 1 of Schedule 5B.

• (2) A professional who uses paint stripper containing dichloromethane does not breach the restriction on this activity provided for by Article 67 of REACH where that professional complies with the provisions of paragraphs 2 and 3 of Schedule 5B.

• (3) Schedule 5B (Placing on the market and use of paint stripper containing dichloromethane) has effect.

SCHEDULE5B — Placing on the market and use of paint stripper containing dichloromethane

1

A person (“P”) may place on the market paint stripper containing dichloromethane for supply to a professional or to a person for use by a professional provided the professional to whom, or for whose use, such paint stripper is supplied holds a certificate of competence in the safe use of such paint stripper issued by the Executive in accordance with paragraph 3(b).

2

A professional may use paint stripper containing dichloromethane where that professional—

• (a) demonstrates proper training and competence in the safe use of paint stripper containing dichloromethane in accordance with paragraph 3; and

• (b) applies in practice all appropriate safety measures, including the use of personal protective equipment that complies with any legal requirement applicable to that equipment.

3

A professional may only demonstrate proper training and competence in the safe use of paint stripper containing dichloromethane by—

• (a) undertaking training in the safe use of such paint stripper which covers as a minimum—

• (i) awareness, evaluation and management of risks to health, including information on existing substitutes or processes, which under their conditions of use are less hazardous to the health and safety of workers;

• (ii) the use of adequate ventilation; and

• (iii) the use of appropriate personal protective equipment that complies with any legal requirement applicable to that equipment; and

• (b) holding a certificate of competence issued by the Executive in the safe use of paint stripper containing dichloromethane.

4

A certificate issued under paragraph 3(b) may be revoked in writing at any time by the Executive if the Executive believes that the professional holding the certificate is no longer competent in the safe use of paint stripper containing dichloromethane.

5

In this Schedule “legal requirement” means any requirement of the Personal Protective Equipment Regulations 2002 or Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment and repealing Council Directive 89/686/EEC (OJ No L81, 31.3.2016, p51).

Application

1A

These Regulations apply to—

• (a) England and Wales and Scotland; and

• (b) offshore installations in relevant waters, other than such waters within the seaward limits of the territorial sea adjacent to Northern Ireland.

Interpretation

SCHEDULE 1A — Table of REACH transitional provisions relating to EU exit

SCHEDULE 1A — Table of retained REACH provisions

Provision of retained REACH	Subject matter	Enforcing authority	Enforcing authority
Provision of retained REACH	Subject matter	Northern Ireland	Offshore installations
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 for Northern Ireland.The Department of Agriculture, Environment and Rural Affairs.District councils.	The Health and Safety Executive for Northern Ireland.Secretary of State.
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 2 (guide to the compilation of safety data sheets).	The Health and Safety Executive for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
Article 31(2)-(9).	Requirement that the safety data sheet contains the information listed in Article 31(6).	The Health and Safety Executive for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 11 (general rules for adaptation of the standard testing regime set out in Annexes 7 to 10).	The Health and Safety Executive for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
Article 31(2)-(9).	Requirement on a supplier to update a safety data sheet.	The Health and Safety Executive for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
Article 32(2), (3).	Duty on a supplier to update the information when required by Article 32(1).	The Health and Safety Executive for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
Article 32(2), (3).	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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.The Department of Agriculture, Environment and Rural Affairs.District councils.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
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 for Northern Ireland.The Department of Agriculture, Environment and Rural Affairs.District councils.	The Health and Safety Executive for Northern Ireland.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 for Northern Ireland.District councils.	The Health and Safety Executive for Northern Ireland.
Article 127E(7), (8) and (9).	Requirement to supply information to the Agency where importer continues to be regarded as downstream user.	The Health and Safety Executive for Northern Ireland.	The Health and Safety Executive for Northern Ireland.
Article 139A(6), (7) and (8).	Requirement to supply information to the Agency in respect of a protected NI import.	The Health and Safety Executive for Northern Ireland.	The Health and Safety Executive for Northern Ireland.

SCHEDULE 1B — Table of REACH provisions relating to protected NI imports

Provision of REACH	Subject matter	Enforcing authority	Enforcing authority	Enforcing authority
		England and Wales	Scotland	Offshore installations
Article 139A(6), (7) and (8).	Requirement to supply information to the Agency in respect of a protected NI import.	The Health and Safety Executive.	The Health and Safety Executive.	The Health and Safety Executive.

7A

The persons referred to in paragraph 6 in respect of retained REACH are—

• (a) the retained REACH Agency;

• (b) the appropriate authorities;

• (c) an enforcing authority.