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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010
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- UK Statutory Instruments
- 2010 No. 330
- PART 2
- Regulation 11
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Changes and effects yet to be applied to Regulation 11:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Prohibited activitiesU.K.
This section has no associated Explanatory Memorandum
11.—(1) Subject to paragraph(2), a person shall not undertake —
(a)the production, manufacture or use on a ship of the chemical agents set out in [F1part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)], or
(b)any activities set out in [F2part (b) of Annex 1 of Merchant Shipping Notice 1888 (M+F)],
to the extent set out in that Annex.
(2) Subject to paragraphs (3) and (4) the Secretary of State may grant to a person an exemption from the prohibitions in paragraph (1) upon application by that person, but only—
(a)for the sole purpose of scientific research and testing, including analysis;
(b)for activities intended to eliminate chemical agents that are present in the form of by-products or waste products; or
(c)for the production of a chemical agent referred to in [F3part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)] for use as an intermediate, and for such use.
(3) The Secretary of State may not grant an exemption under paragraph (2) without first consulting the workers concerned or their representatives.
(4) The Secretary of State may not grant an exemption under paragraph (2) without having sufficient information to determine—
(a)the reason for requesting the exemption;
(b)the quantity of the chemical agent to be used annually;
(c)the activities and the reaction or processes involved;
(d)the number of workers who may be involved;
(e)the precautions envisaged to protect the health and safety of workers concerned; and
(f)the technical and organisational measures taken to prevent the exposure of workers.
(5) An exemption granted under paragraph (2)—
(a)is valid only if in writing;
(b)is valid only for the period, not exceeding four years, specified in the exemption;
(c)may be granted subject to such conditions as the Secretary of State sees fit; and
(d)may be withdrawn when the Secretary of State is satisfied, after consulting with the person to whom it is granted, that it is no longer justified.
(6) A person to whom an exemption under paragraph (2) is granted shall ensure that—
(a)no worker is exposed, in consequence of that exemption, to a chemical agent referred to in [F4part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)]; and
(b)F5... the production of a chemical agent referred to in [F6part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)] for use as an intermediate, and its first use as such, takes place in a single closed system from which that agent may be removed only to the extent necessary to monitor the process or service the system.
Textual Amendments
F1Words in reg. 11(1)(a) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 11(1)(b) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 11(2)(c) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 11(6)(a) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(d); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in reg. 11(6)(b) omitted (5.4.2010) by virtue of The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1110), regs. 1(2), 5
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