2013 No. 1473
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) (Amendment) Regulations 2013
Made
Laid before Parliament
Coming into force
The Secretary of State, makes the following regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and by sections 85(1), (3), (5) and (7) and 86(1) of the Merchant Shipping Act 19952.
The Secretary of State is a Minister designated3 for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships and the health and safety of persons on them.
In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.
Citation and commencement1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) (Amendment) Regulations 2013 and come into force on 12th July 2013.
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 20102
1
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 20104 are amended as follows.
2
In regulation 2 (interpretation), in the definition of asbestos, for “chrysotile, CAS No 12001-29-5” substitute “chrysotile, CAS No 12001-29-5 or CAS No 132207-32-0”.
3
In regulation 4 (application)—
a
in paragraph (8)(c)(i) after “activities” insert “in which only non-friable materials are handled”, and
b
in paragraph (8) (c) (ii) after “removal” delete “of” and insert “without deterioration of non-degraded”.
4
After regulation 29 insert—
Review30
1
The Secretary of State must from time to time—
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must have regard to how Council Directive 2009/148/EC5, on the protection of workers from the risks of exposure to asbestos at work is implemented in other Member States.
3
The report must in particular—
a
set out the objectives intended to be achieved by the regulatory system established by those regulations;
b
assess the extent to which those 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 expiring on 12th July 2018.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State
(This note is not part of the Regulations)