Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 52

HEALTH AND SAFETY

Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003

Made

3rd February 2003

Coming into operation

14th March 2003

The Department of Enterprise, Trade and Investment(1), being a Department designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the regulation and control of the transport of dangerous or environmentally hazardous goods by road, rail or water, in the exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement N.I.

1.  These Regulations may be cited as the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003 and shall come into operation on 14th March 2003.

Commencement Information

I1 Reg. 1 in operation at 14.3.2003, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations –

[F1 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;]

“the Directives” means –

(a)

Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(4);

(b)

Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(5);

(c)

European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations(6);

(d)

Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway(7);

(e)

Commission Directive 96/86/EC adapting to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(8);

(f)

Commission Directive 96/87/EC adapting to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous good by rail(9);

(fa)

F2 ...

(h)

Commission Directive 1999/47/EC adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(10);

(i)

Commission Directive 1999/48/EC adapting for the second time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(11);

(ha)

[F3 Directive 2000/18/EC of the European Parliament and of the Council on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway]

(k)

Directive 2000/61/EC of the European Parliament and of the Council amending Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(12);

(l)

Directive 2000/62/EC of the European Parliament and of the Council amending Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(13);

(m)

Commission Directive 2001/6/EC adapting for the third time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(14); F4 ...

(n)

Commission Directive 2001/7/EC adapting for the third time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(15); F5 ...

(o)

F2 ...

(p)

[F6 Commission Directive 2003/28/EC adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road

(q)

Commission Directive 2003/29/EC adapting for the fourth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail

(r)

Commission Directive 2004/89/EC adapting for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail

(s)

Commission Directive 2004/110/EC adapting for the sixth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail

(t)

Commission Directive 2004/111/EC adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road

(u)

Commission Directive 2006/89/EC adapting for the sixth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road; F7 ...

(v)

Commission Directive 2006/90/EC adapting for the seventh time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; and]

(w)

[F8 Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods; and]

“environmentally hazardous substances” means substances which are dangerous to the environment (whether or not they are already within Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 1978(16) as dangerous substances).

(2) The Interpretation Act (Northern Ireland) 1954(17) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Textual Amendments

F1 Words in reg. 2(1) inserted (1.7.2015) by The Classification, Labelling and Packaging of Chemicals (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/265), regs. 1(1), 11(2)(a)

F2 Words in reg. 2(1) omitted (1.7.2015) by virtue of The Classification, Labelling and Packaging of Chemicals (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/265), regs. 1(1), 11(2)(b)

F3 Reg. 2(1)(ha) added (5.11.2007) by The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/403), regs. 1(1), 2(2)(b)

F4 Word in reg. 2(1)(k) omitted (5.11.2007) by virtue of The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/403), regs. 1(1), 2(2)(c)

F5 Word in reg. 2(1)(l) omitted (5.11.2007) by virtue of The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/403), regs. 1(1), 2(2)(c)

F6 Reg. 2(1)(m)-(t) added (5.11.2007) by The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/403), regs. 1(1), 2(2)(d)

F7 Word in reg. 2(1)(s) omitted (21.9.2009) by virtue of The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/296), regs. 1(1), 2(2)(a)

F8 Reg. 2(1)(u) inserted (21.9.2009) by The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/296), regs. 1(1), 2(2)(b)

Commencement Information

I2 Reg. 2 in operation at 14.3.2003, see reg. 1

Extension of power to make regulations N.I.

3.  For the purposes only of enabling regulations under Article 17 of the Health and Safety at Work (Northern Ireland) Order 1978 to be made to implement any obligation imposed by any of the Directives [F9 or by the CLP Regulation] or to deal with any matter arising out of or related to any such obligation, the reference to dangerous substances in Article 3(1)(c) of that Order shall have effect as if it included a reference to environmentally hazardous substances.

Textual Amendments

F9 Words in reg. 3 inserted (1.7.2015) by The Classification, Labelling and Packaging of Chemicals (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/265), regs. 1(1), 11(3)

Commencement Information

I3 Reg. 3 in operation at 14.3.2003, see reg. 1

Revocations N.I.

4.  The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 1996(18) and the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2000(19) are hereby revoked.

Commencement Information

I4 Reg. 4 in operation at 14.3.2003, see reg. 1

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 3rd Februaruy 2003.

L.S.

Michael J. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Explanatory Note

(This note is not part of the Regulations.)

These Regulations extend the reference to dangerous substances in Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 1978 to include environmentally hazardous substances. (Regulation 3. The term “environmentally hazardous substances” is defined in regulation 2.)

The purpose of these Regulations is to enable regulations to be made under Article 17 of that Order to implement the Directives referred to in regulation 2.

These Regulations revoke and remake with amendments the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 1996 (“the 1996 Regulations”) and the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2000 (“the 2000 Regulations”).

These Regulations add the Directives referred to in paragraphs (i) to (l) of regulation 2 to the Directives previously listed in the 1996 Regulations, as amended by the 2000 Regulations.

These Regulations have no impact on business.

(1)

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5)

(2)

S.I. 1996/266 and 1997/2563

(3)

1972 c. 68; the definition of “the Treaties” in section 2(2) of the Act was extended by section 1 of the European Economic Area Act 1993 (c. 51)

(4)

O.J. No. L319, 12.12.94, p. 7

(5)

O.J. No. L235, 17.9.96, p. 25

(6)

O.J. No. L365, 31.12.94, p. 24

(7)

O.J. No. L145, 19.6.96, p. 10

(8)

O.J. No. L335, 24.12.96, p. 43

(9)

O.J. No. L335, 24.12.96, p. 45

(10)

O.J. No. L169, 5.7.1999, p. 1

(11)

O.J. No. L169, 5.7.1999, p. 58

(12)

O.J. No. L279, 1.11.2000, p. 40

(13)

O.J. No. L279, 1.11.2000, p. 44

(14)

O.J. No. L30, 1.2.2001, p. 42

(15)

O.J. No. L30, 1.2.2001, p. 43

(16)

S.I. 1978/1039 (N.I. 9); Article 17 should be read with Articles 3 and 4 of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 (S.I. 1992/1728 (N.I. 17))

(17)

1954 c. 33 (N.I.)

(18)

S.R. 1996 No. 525

(19)

S.R. 2000 No. 86