The REACH Enforcement Regulations 2008

Regulation 6(2)

SCHEDULE 3 U.K. Health and safety enforcement

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, regulation 2(1) of the Docks Regulations 1988(1);

(ii) in relation to Northern Ireland, regulation 2(1) of the Docks Regulations (Northern Ireland) 1989(2);

(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(3);

(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;

F1 (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(4);

(ii) in relation to Northern Ireland, Part III of the Gas (Northern Ireland) Order 1996(5);

(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(6);

(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.

(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(7) but, notwithstanding subsection (5) 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, section 156(1) of the Mines Act (Northern Ireland) 1969(8);

(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, regulation 2(1) of the Docks Regulations 1988;

(ii) in relation to Northern Ireland, regulation 2(1) of the Docks Regulations (Northern Ireland) 1989;

(p) “preparation dangerous for supply” means a preparation which is in one or more of the categories of danger—

(i) in relation to Great Britain, in Schedule 1 to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(9);

(ii) in relation to Northern Ireland, in Schedule 1 to [F2 The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009].

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

(i) in relation to Great Britain, regulation 3 of the Quarries Regulations 1999(10);

(ii) in relation to Northern Ireland, regulation 3 of the Quarries Regulations (Northern Ireland) 2006(11);

F3 (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(12);

(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(13);

(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(14);

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997(15);

(w) “zoo” has the meaning assigned to it in relation to Great Britain by section 1(2) of the Zoo Licensing Act 1981(16);

(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(17).

Textual Amendments

F1 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)

F2 Words in Sch. 3 Pt. 1 para. 1(p)(ii) substituted (27.7.2009) by The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/238), regs. 1, 17, Sch. 7

F3 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)

PART 2 U.K. Local (health and safety) authorities

1.  Subject to Part 4, a local (health and safety) authority must perform the joint enforcement duty on behalf of the Executive where the main activity carried on in non-domestic premises is referred to in paragraph 2. U.K.

2.  The main activity referred to in paragraph 1 is— U.K.

(a) the sale of goods, or the storage of goods for retail or wholesale distribution, except—

(i) at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(ii) where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply;

(iii) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.

(b) the display or demonstration of goods at an exhibition for the purposes of offer or advertisement for sale;

(c) office activities;

(d) catering services;

(e) the provision of permanent or temporary residential accommodation including the provision of a site for caravans or campers;

(f) consumer services provided in a shop except dry cleaning or radio and television repairs;

(g) cleaning (wet or dry) in coin operated units in launderettes and similar premises;

(h) the use of a bath, sauna or solarium, massaging, hair transplanting, skin piercing, manicuring or other cosmetic services and therapeutic treatments, except where they are carried out under the supervision or control of a registered medical practitioner, a dentist registered under the Dentists Act 1984(18), a physiotherapist, an osteopath or a chiropractor;

(i) the practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities except where the main activity is the exhibition of a cave to the public;

(j) the hiring out of pleasure craft for use on inland waters;

(k) the care, treatment, accommodation or exhibition of animals, birds or other creatures, except where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery;

(l) the activities of an undertaker, except where the main activity is embalming or the making of coffins;

(m) church worship or religious meetings;

(n) the provision of car parking facilities within the perimeter of an airport;

(o) the provision of child care, or playgroup or nursery facilities.

3.  For the purposes of paragraph 2— U.K.

(a) where a vehicle is parked in connection with the sale of—

(i) food;

(ii) drink; or

(iii) other articles,

the vehicle, including its pitch, must be regarded as separate premises for the purposes of paragraph 2;

(b) where any non-domestic premises are occupied by more than one occupier each part separately occupied must be regarded as being separate premises;

(c) where the main activity carried on in premises is the sale and fitting of motor vehicle tyres, exhausts, windscreens or sunroofs, the main activity must be regarded as the sale of goods.

PART 3 U.K. The Executive

1.  Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority in relation to— U.K.

(a) any activity in a mine or quarry other than a quarry in respect of which notice of abandonment has been given—

(i) in relation to Great Britain, under regulation 45(1) of the Quarries Regulations 1999;

(ii) in relation to Northern Ireland, under regulation 39(1) of the Quarries Regulations (Northern Ireland) 2006;

(b) any activity in a fairground;

(c) any activity in premises occupied by a radio, television or film undertaking in which the activity of broadcasting, recording or filming is carried on, and the activity of broadcasting, recording or filming wherever carried on, and for this purpose “film” includes video;

(d) construction work if—

(i) the project which includes the work is notifiable within the meaning of—

(aa) in relation to Great Britain, regulation 2(3) of the Construction (Design and Management) Regulations 2007(19);

(bb) in relation to Northern Ireland, regulation 2(3) of the Construction (Design and Management) Regulations (Northern Ireland) 2007(20).

(ii) the whole or part of the work contracted to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure;

(iii) it is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them.

(e) the installation, maintenance or repair of any gas system, or any work in relation to a gas fitting;

(f) the installation, maintenance or repair of electricity systems;

(g) work with ionising radiations except work in one or more of the categories set out—

(i) in relation to Great Britain, in Schedule 1 to the Ionising Radiations Regulations 1999(21);

(ii) in relation to Northern Ireland, in Schedule 1 to the Ionising Radiations Regulations (Northern Ireland) 2000(22);

(h) the use of ionising radiations for medical exposure;

(i) any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations;

(j) in relation to Northern Ireland, any activity involving genetic modification within the meaning of regulation 2(1) of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001(23);

(k) agricultural activities, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment;

(l) any activity on board a sea-going ship;

(m) any activity in relation to a ski slope, ski lift, ski tow or cable car;

(n) fish, maggot and game breeding except in a zoo or zoological establishment;

(o) in relation to Northern Ireland, horse breeding or horse training at a stable;

(p) any activity in relation to a pipeline within the meaning of—

(i) in relation to Great Britain, regulation 3 of the Pipelines Safety Regulations 1996(24);

(ii) in relation to Northern Ireland, regulation 3 of the Pipelines Safety Regulations (Northern Ireland) 1997(25).

(q) except in Northern Ireland, the operation of—

(i) a guided bus system; or

(ii) any other system of guided transport, other than a railway, that employs vehicles which for some or all of the time when they are in operation travel along roads.

(r) in relation to Northern Ireland, the operation of a railway;

(s) except in Northern Ireland, the operation of a trolley vehicle system;

(t) the manufacture of ammonium nitrate blasting intermediate under the Manufacture and Storage of Explosives Regulations 2005(26).

2.  In relation to paragraph 1(d)(iii)— U.K.

(a) reference to a physically segregated area does not include an area segregated only in order to prevent the escape of asbestos; and

(b) “asbestos” has the meaning assigned to it in relation to Great Britain, by regulation 2(1) of [F4 the Control of Asbestos Regulations 2012] or in relation to Northern Ireland, by regulation 2(1) of the Control of Asbestos Regulations (Northern Ireland) 2007(27).

Textual Amendments

F4 Words in Sch. 3 Pt 3 para. 2(b) substituted (06.04.2012) by The Control of Asbestos Regulations 2012 (S.I. 2012/632), Sch 3

3.  In paragraph 1, “ionising radiations” and “medical exposure” in relation to those radiations have the meaning assigned to them in relation to Great Britain, by regulation 2(1) of the Ionising Radiations Regulations 1999 or in relation to Northern Ireland, by regulation 2(1) of the Ionising Radiations Regulations (Northern Ireland) 2000. U.K.

4.  Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority— U.K.

(a) in relation to a body specified in paragraph 5 or 6;

(b) in relation to the officers or servants of such a body; or

(c) in relation to any part of premises occupied by such a body.

5.  In Great Britain, the bodies referred to in paragraph 4 are— U.K.

(a) a local authority being—

(i) in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

(ii) in England outside Greater London, a county council or a district council, and the Council of the Isles of Scilly;

(iii) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(28);

(iv) in Wales, a county council or county borough council;

(b) a parish council in England or a community council in Wales or Scotland;

(c) a police authority [F5 , local policing body] or the Receiver for the Metropolitan Police District(29);

(d) a fire and rescue authority under the Fire and Rescue Services Act 2004 (30);

[F6 (e) the Scottish Fire and Rescue Service;]

(f) a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964(31);

(g) a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952(32);

(h) the United Kingdom Atomic Energy Authority;

(i) the Crown, except in relation to any part of any premises occupied by the Health and Safety Executive.

Textual Amendments

F5 Words in Sch. 3 Pt. 3 para. 5(c) inserted (16.1.2012) by The Local Policing Bodies (Consequential Amendments) Regulations 2011 (S.I. 2011/3058), regs. 1(2), 24(2)

F6 Sch. 3 Pt. 3 para. 5(e) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 24

6.  In Northern Ireland, the bodies referred to in paragraph 4 are— U.K.

(a) a district council established under section 1 of the Local Government Act (Northern Ireland) 1972(33);

(b) the Northern Ireland Policing Board as defined in section 2 of the Police (Northern Ireland) Act 2000(34);

(c) the Northern Ireland Fire and Rescue Service Board as referred to in article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006(35);

(d) a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964;

(e) a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952;

(f) the Crown.

7.  Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority in relation to— U.K.

(a) the tunnel system within the meaning it would have in section 1(7) of the Channel Tunnel Act 1987(36) if the words “to be” did not appear;

(b) an offshore installation;

(c) a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work;

(d) the campus of a university, college, school or similar educational establishment;

(e) a hospital;

(f) in relation to Northern Ireland, a railway station, railway goods yard, railway track and any part of adjacent premises, occupied in connection with them.

PART 4 U.K. Local (health and safety) authorities and the Executive

1.  Subject to paragraph 3, paragraph 2 applies to the common parts of any non-domestic premises where those premises are occupied by more than one occupier. U.K.

2.  Where this paragraph applies— U.K.

(a) to the extent the Executive must perform a joint enforcement duty on behalf of a local (health and safety) authority under this Schedule for all other parts of the premises, it must also do so for the common parts of those premises;

(b) to the extent a local (health and safety) authority must perform a joint enforcement duty on behalf of the Executive under this Schedule for all other parts of the premises, it must also do so for the common parts of those premises.

3.  In relation to land within the perimeter of an airport which consists of common parts,— U.K.

(a) for those parts not within a building or to which passengers are admitted but other members of the public are not admitted, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority;

(b) for the remaining common parts, a local (health and safety) authority must perform the joint enforcement duty on behalf of the Executive.

[F7 PART 5 U.K. The Office of Rail Regulation

Textual Amendments

F7 Sch. 3 Pt. 5 inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 9(b)

1.   The Office of Rail Regulation must perform the joint enforcement duty on behalf of the Executive in relation to Article 67 of REACH in so far as this relates to its functions in paragraph 6 of Schedule 2.] U.K.

(1)

S.I. 1988/1655.

(2)

S.R. (NI) 1989 No 320.

(3)

S.I. 2002/2665.

(4)

1986 c.44.

(5)

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

(6)

S.R. (NI) 1997 No 194.

(7)

1954 c.70.

(8)

1969 c.6.

(9)

S.I. 2002/1689 to which there are amendments not relevant to these Regulations.

(10)

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

(11)

S.R. (NI) 2006 No 205.

(12)

1984 c.54.

(13)

1966 c.36.

(14)

S.I. 1998/2451.

(15)

S.R. (NI) 1997 No 194.

(16)

1981 c.37.

(17)

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

(18)

1984 c.24; relevant amending instruments are S.I. 1996/1496, 1998/811 and 2007/3101.

(19)

S.I. 2007/320.

(20)

S.R. (NI) 2007 No 291.

(21)

S.I. 1999/3232.

(22)

S.R. (NI) 2000 No 375.

(23)

S.R. (NI) 2001 No 295.

(24)

S.I. 1996/825.

(25)

S.R. (NI) 1997 No 193.

(26)

S.I. 2005/1082. These Regulations do not apply in Northern Ireland.

(27)

S.R. (NI) 2007 No 31.

(28)

1994 c.39.

(29)

Section 327 of the Greater London Authority Act 1999 (c. 29) provides for the abolition of the office of Receiver but an order to do so under that section has not yet been made.

(30)

2004 c.21.

(31)

1964 c.5 .

(32)

1952 c.67.

(33)

1972 c.9 as amended by S.I. 1985/454.

(34)

2000 c.32.

(35)

2006/1254 (N.I. 9).

(36)

1987 c.53.