The REACH Enforcement Regulations 2008

PART 1 U.K. Definitions

1.  For the purposes of this Schedule— U.K.

(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, [F1 paragraph 2 of Schedule 9 to the Work at Height Regulations 2005];

(ii) in relation to Northern Ireland, [F2 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(1);

(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;

F3 (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(2);

(ii) in relation to Northern Ireland, Part III of the Gas (Northern Ireland) Order 1996(3);

(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(4);

(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) [F4 “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(5) but, notwithstanding [F5 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, [F6 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, [F7 paragraph 2 of Schedule 9 to the Work at Height Regulations 2005];

(ii) in relation to Northern Ireland, [F8 Schedule 10, paragraph 2 of the Work at Height Regulations (Northern Ireland) 2005];

F9 (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(i) in relation to Great Britain, regulation 3 of the Quarries Regulations 1999(6);

(ii) in relation to Northern Ireland, regulation 3 of the Quarries Regulations (Northern Ireland) 2006(7);

F10 (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(8);

(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(9);

(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(10);

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997(11);

(w) “zoo” has the meaning assigned to it in relation to Great Britain by section 1(2) of the Zoo Licensing Act 1981(12);

(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(13).

Textual Amendments

F1 Words in Sch. 3 Pt. 1 para. 1(d)(i) substituted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 18(2)(a)

F2 Words in Sch. 3 Pt.1 para. 1(d)(ii) substituted (1.6.2015) by The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/223), regs. 1(1), 8(2)

F3 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)

F4 Sch. 3 Pt. 1 para. 1(ka) inserted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 18(2)(b)

F5 Words in Sch. 3 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))

F6 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

F7 Words in Sch. 3 Pt. 1 para. 1(o)(i) substituted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 18(2)(c)

F8 Words in Sch. 3 Pt.1 para. 1(o)(ii) substituted (1.6.2015) by The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/223), regs. 1(1), 8(2)

F9 Sch. 3 Pt. 1 para. 1(p) omitted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 18(2)(d)

F10 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)

(1)

S.I. 2002/2665.

(2)

1986 c.44.

(3)

1996 No. 275 (N.I. 2).

(4)

S.R. (NI) 1997 No 194.

(5)

1954 c.70.

(6)

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

(7)

S.R. (NI) 2006 No 205.

(8)

1984 c.54.

(9)

1966 c.36.

(10)

S.I. 1998/2451.

(11)

S.R. (NI) 1997 No 194.

(12)

1981 c.37.

(13)

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