The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005

Statutory Instruments

2005 No. 2571

HEALTH AND SAFETY

The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005

Made

14th September 2005

Laid before Parliament

22nd September 2005

Coming into force

31st October 2005

The Secretary of State being the Minister designated(1) for the purpose of section 2(2) of the European Communities Act 1972(2) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, and for measures relating to consumer protection, in exercise of the powers conferred upon him by the said section 2(2) and by section 15(1), (2), (3)(a) and (4)(a) of, and paragraph 1(1)(b) and (4) of Schedule 3 to, the Health and Safety at Work etc. Act 1974(3) (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005 and shall come into force on 31st October 2005.

(2) In these Regulations, “the principal Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(4).

Amendments to the principal Regulations

2.—(1) The principal Regulations shall be amended as follows.

(2) In regulation 2(1)—

(a) for the definition of “the approved supply list” substitute—

““the approved supply list” means the document entitled “Information Approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Eighth Edition)” approved by the Health and Safety Commission on 26 July 2005(5);”;

(b) omit the definition of “the CDGCPL Regulations”.

(3) In regulation 5(12)(a), for “and” substitute “or”.

(4) In regulation 7(3)(a), for the words “the CDGCPL Regulations” substitute “the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(6)”.

(5) In regulation 8(1), for the words “Subject to regulations 9 and 10 of the CDGCPL Regulations (which allow combined carriage and supply labelling in certain circumstances) and paragraphs (8) to (12)” substitute “Subject to regulation 8A and paragraphs (8) to (12)”.

(6) In regulation 9(2), for the words “regulations 9 and 10 of the CDGCPL Regulations (which allow combined carriage and supply labelling in certain circumstances)” substitute “regulation 8A”.

(7) Omit regulations 13 and 18(2).

(8) In Part II of Schedule 3, in Table VIA, in line 1 for “0.%” substitute “0.1%”.

(9) In Part I of Schedule 5—

(a) in paragraph 2(4), for “22(1)” substitute “6”;

(b) in paragraph 3(5), for “(2)” substitute “(3)”.

Signed by authority of the Secretary of State.

Philip Hunt

Parliamentary Under-Secretary of State,

Department of Work and Pensions

14th September 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689 as amended by 2004/568).

2.  Regulation 2(2) introduces a new approved supply list thereby implementing in full Commission Directive 2004/73/EC adapting to technical progress for the 29^th time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification and labelling of dangerous substances (O.J.No. L152, 30.4.04, p.1).

3.  The Regulations also make consequential amendments and correct drafting errors.

4.  Copies of the approved supply list (Eighth edition) (ISBN 0717661385) are available from HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 6FS.

5.  A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of the Directive in paragraph 2 can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the library of each House of Parliament.

(1)

S.I. 1976/897 and 1993/2661.

(2)

1972 c. 68.

(3)

1974 c. 37; section 1(1) (c) was modified by the Health and Safety at Work etc. Act (Application to Environmentally Hazardous Substances) Regulations 2001 S.I. 2002/282. Sections 15(1) and 50(3) were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16(3) respectively.

(4)

S.I. 2002/1689 as amended by S.I. 2004/568.

(5)

ISBN 0717661385

(6)

S.I. 2004/568.