The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1991

Statutory Instruments

1991 No. 1938

SOCIAL SECURITY

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1991

Made

29th August 1991

Laid before Parliament

5th September 1991

Coming into force

26th September 1991

The Secretary of State for Social Security, in exercise of powers conferred by sections 76 and 77 of, and Schedule 20 to the Social Security Act 1975(1), and of all other powers enabling him in that behalf, after reference to the Industrial Injuries Advisory Council(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations, which may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1991, shall come into force on 26th September 1991.

(2) In these Regulations, “the principal Regulations” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985(3).

Amendment of Schedule 1 to the principal Regulations

2.—(1) In Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) after the entry relating to disease numbered “B11.Q fever” there shall be inserted the following entries—

“B12. Orf.	Contact with sheep, goats or with the carcasses of sheep or goats.
B13. Hydatidosis.	Contact with dogs.”

(2) In Part I of Schedule 1 to the principal Regulations the entry relating to the disease numbered D7 (occupational asthma) shall be amended by inserting after sub-paragraph (n), the following sub-paragraphs:—

“(o) animals including insects and other arthropods or their larval forms, used for the purposes of pest control or fruit cultivation, or the larval forms of animals used for the purposes of research, education or in laboratories;

(p) glutaraldehyde;

(q) persulphate salts or henna;

(r) crustaceans or fish or products arising from these in the food processing industry;

(s) reactive dyes;

(t) soya bean;

(u) tea dust;

(v) green coffee bean dust;

(w) fumes from stainless steel welding;

(x) any other sensitising agent.”.

Time at which a person is to be treated as having developed the prescribed disease

3.  The time at which a person shall be treated as having developed prescribed diseases B12 or B13 or occupational asthma, which is due to exposure to the agents listed in paragraph D7(o) to (x) of Part I Schedule 1 to the principal Regulations, shall be the first day on which that person is incapable of work, or suffering from a loss of faculty as a result of those diseases falling after 25th September 1991.

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

29th August 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 and come into force on 26th September 1991.

Regulation 2 provides for industrial diseases Orf and Hydatidosis to be added to the diseases prescribed under Chapter V of Part II of the Social Security Act 1975. It also makes additions to the list of sensitising agents, including an “open” category for any other sensitising agent which causes occupational asthma due to exposure in an occupation.

Regulation 3 provides for the time at which a person is to be treated as having developed the prescribed disease and the relevant date.

(1)

1975 c. 14; section 76 was amended by the Social Security Act 1990 (c. 27), Schedule 6, paragraph 4(1); section 77 was amended by the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 5, the Social Security Act 1986 (c. 50), Schedule 3, paragraph 13, and the Social Security Act 1990 (c. 27), section 3(7), Schedule 6, paragraph 4(2); Schedule 20 is cited because of the meanings ascribed to the words “Prescribe” and “Regulations”.

(2)

See section 141 of the Social Security Act 1975, amended by the Social Security Act 1981 (c. 33), Schedule 2, paragraph 2, the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, paragraph 16, the Social Security Act 1986 (c. 50), Schedule 10, paragraph 86 and Schedule 11.

(3)

S.I. 1985/967, the relevant amending instruments are S.I. 1986/1374, 1989/1207.