The REACH Enforcement Regulations 2008

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 [F1 6(1)] of the Construction (Design and Management) Regulations [F1 2015];

(bb) in relation to Northern Ireland, regulation 2(3) of the [F2 Construction (Design and Management) Regulations (Northern Ireland) 2016].

(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 [F3 the Ionising Radiations Regulations 2017];

(ii) in relation to Northern Ireland, in Schedule 1 to [F4 the Ionising Radiations Regulations (Northern Ireland) 2017];

(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 [F5 the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015];

(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(1);

(ii) in relation to Northern Ireland, regulation 3 of the Pipelines Safety Regulations (Northern Ireland) 1997(2).

(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;

[F6 (t) in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014.]

Textual Amendments

F1 Word in Sch. 3 Pt. 3 para. 1(d)(i)(aa) substituted (6.4.2015) by The Construction (Design and Management) Regulations 2015 (S.I. 2015/51), reg. 1, Sch. 5 (with reg. 3, Sch. 4)

F2 Words in Sch. 3 Pt. 3para. 1(d)(i)(bb) substituted (1.8.2016) by The Construction (Design and Management) Regulations (Northern Ireland) 2016 (S.R. 2016/146), reg. 1, Sch. 6

F3 Words in Sch. 3 Pt.3 para. 1(g)(i) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 9(a) (with regs. 2(5), 3, Sch. 8)

F4 Words in Sch. 3 Pt.3 para. 1(g)(ii) substituted (1.1.2018) by The Ionising Radiations Regulations (Northern Ireland) 2017 (S.R. 2017/229), reg. 1, Sch. 9 para. 8(a) (with reg. 41, Sch. 8)

F5 Words in Sch. 3 Pt. 3 para. 1(j) substituted (23.10.2015) by The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 (S.R. 2015/339), regs. 1, 35(2) (with reg. 3(1)(2))

F6 Sch. 3 Pt.3 para. 1(t) substituted (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 21

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 [F7 the Control of Asbestos Regulations 2012] or in relation to Northern Ireland, by regulation 2(1) of [F8 the Control of Asbestos Regulations (Northern Ireland” 2012].

Textual Amendments

F7 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

F8 Words in Sch. 3 Pt. 3 para. 2(b) substituted (1.6.2015) by The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/223), regs. 1(1), 8(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 [F9 the Ionising Radiations Regulations 2017] or in relation to Northern Ireland, by regulation 2(1) of [F10 the Ionising Radiations Regulations (Northern Ireland) 2017]. U.K.

Textual Amendments

F9 Words in Sch. 3 Pt. 3 para. 3 substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 9(b) (with regs. 2(5), 3, Sch. 8)

F10 Words in Sch. 3 Pt. 3 para. 3 substituted (1.1.2018) by The Ionising Radiations Regulations (Northern Ireland) 2017 (S.R. 2017/229), reg. 1, Sch. 9 para. 8(b) (with reg. 41, Sch. 8)

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(3);

(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 [F11 , local policing body] or the Receiver for the Metropolitan Police District(4);

(d) a fire and rescue authority under the Fire and Rescue Services Act 2004 (5);

[F12 (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(6);

(g) a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952(7);

(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

F11 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)

F12 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

Modifications etc. (not altering text)

C1 Sch. 3 Pt. 3 para. 5(c) applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 49(2)

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(8);

(b) the Northern Ireland Policing Board as defined in section 2 of the Police (Northern Ireland) Act 2000(9);

(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(10);

(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(11) 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.

(1)

S.I. 1996/825.

(2)

S.R. (NI) 1997 No 193.

(3)

1994 c.39.

(4)

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.

(5)

2004 c.21.

(6)

1964 c.5 .

(7)

1952 c.67.

(8)

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

(9)

2000 c.32.

(10)

2006/1254 (N.I. 9).

(11)

1987 c.53.