PART 1INTRODUCTION

Citation, commencement and extent

1

These Regulations may be cited as the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013.

2

1

Except as provided by paragraphs (2) to (5), these Regulations come into force on 1st September 2013.

2

Chapter 2 of Part 3 of these Regulations comes into force on 1st June 2015.

3

In so far as they apply to Chapter 2 of Part 3 of these Regulations or the CLP Regulation, regulations 4, 30 to 32 and 33(1) and Schedule 3 come into force on 1st June 2015.

4

Chapter 3 of Part 3 of these Regulations, regulations 7, 33(2) and 34(f) and Part 1 of Schedule 4 come into force on 1st March 2014.

5

In so far as they apply to Chapter 3 of Part 3 of these Regulations or the PIC Regulation, regulations 4, 31, 32 and 33(1) come into force on 1st March 2014.

3

1

These Regulations shall not extend to Northern Ireland except as provided by paragraphs (2) and (3).

2

Regulations 1, 2(1), (4) and (5), 7, 33(2) and 34 (f) and Chapter 3 of Part 3 of these Regulations shall extend to Northern Ireland.

3

In so far as regulations 4, 31, 32 and 38 apply to Chapter 3 of Part 3 of these Regulations or the PIC Regulation, they shall extend to Northern Ireland.

4

Except for the regulations listed in paragraph (5), these Regulations apply outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 201313.

5

The regulations referred to in paragraph (4) are—

a

regulation 7;

b

Chapter 3 of Part 3; and

c

regulations 4, 31, 32 and 33 in so far as they apply to Chapter 3 of Part 3 or to the PIC Regulation.

Interpretation4

1

In these Regulations—

  • “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

  • “the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 197814;

  • “the Great Britain Executive” means, for the purposes of regulation 7 and Chapter 3 of Part 3, the Health and Safety Executive established under section 1015 of the 1974 Act;

  • “the 1998 Regulations” means the Health and Safety (Enforcing Authority) Regulations 199816;

  • “the 2006 Regulations” means the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 200617;

  • “the 2009 Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 200918;

  • “the Biocides Regulation” means Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products, of which Annexes I to IV are to be read as amended from time to time;

  • “the CLP Regulation” means 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, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006, 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;

  • “the Commission” means the Commission of the European Union;

  • “competent authority” means the authority or authorities appointed in a Member State for the purpose of carrying out the duties of a competent authority under the Biocides Regulation or the CLP Regulation;

  • “contravention” includes a failure to comply and “contravene” has a corresponding meaning;

  • “devolved administration” means the Scottish Ministers or the Welsh Ministers;

  • “inspector” means—

    1. a

      a person appointed under section 19 of the 1974 Act; or

    2. b

      for the purposes of Chapter 3 of Part 3, a person falling within paragraph (a) or a person appointed under Article 21 of the 1978 Order;

  • “local authority” means—

    1. a

      in relation to England, a county council so far as it is the council for an area for which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple, or the Council of the Isles of Scilly;

    2. b

      in relation to Wales, a county council or county borough council; and

    3. c

      in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 199419;

  • “local weights and measures authority” has the meaning in section 69 of the Weights and Measures Act 198520;

  • “the Northern Ireland Executive” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;

  • “the PIC Regulation” means Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals, of which Annexes I, II, V and VI are to be read as amended from time to time;

  • “work” shall be construed in accordance with section 52 of the 1974 Act.

2

Expressions used in both—

a

Chapter 1 of Part 3 of, or Schedule 2 to, these Regulations; and

b

the Biocides Regulation,

have the same meaning in these Regulations as they have in the Biocides Regulation.

3

Expressions used in both—

a

Chapter 2 of Part 3 of these Regulations; and

b

the CLP Regulation,

have the same meaning in these Regulations as they have in the CLP Regulation.

4

Expressions used in both—

a

regulation 7 or Chapter 3 of Part 3 of these Regulations; and

b

the PIC Regulation,

have the same meaning in these Regulations as they have in the PIC Regulation.