The Dangerous Substances in Harbour Areas Regulations 1987

Meaning of “dangerous substance”

3.—(1) Subject to paragraphs (2) and (3), “dangerous substance” means any substance (including any preparation or other mixture) which by reason of its characteristic properties, being properties specified in column 1 of Part I of Schedule 1, creates a risk to the health or safety of any person when the substance is in a harbour or harbour area and includes, whether or not it would otherwise be a dangerous substance, any substance or article which is within the fefinition of “dangerous goods” in regulation 1(2) of the Merchant Shipping (Dangerous Goods) Regulations 1981.

(2) Nothing in paragraph (1) shall require a substance or article which is brought into a harbour or harbour area from inland and which is not or is not to be loaded onto a vessel as cargo, to be defined as a dangerous substance to which these Regulations apply, unless either–

(a) it has characteristic properties, being properties specified in column 1 of Part I of Schedule 1, which create a risk to the health or safety of any person when the substance is in the harbour or harbour area; or

(b) it is “dangerous for conveyance” within the meaning of sub-paragraph (b) in the definition of “dangerous substance” in regulation 2(1) of the Classification Packaging and Labelling of Dangerous Substances Regulations 1984 as extended by regulation 3(5) of those Regulations.

(3) The following are not dangerous substances within the meaning of these Regulations–

(a) a substance which is intended for use as food within the meaning of section 131(1) of the Food Act 1984(1) or section 58(1) of the Food and Drugs (Scotland) Act 1956(2) and which if it is intended for use as an additive within the meaning of the Food Labelling Regulations 1980(3) or the Food Labelling (Scotland) Regulations 1981(4), is intended to be supplied to the public;

(b) a substance which is intended for use as an animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970(5);

(c) a substance which is intended for use as a cosmetic product within the meaning of regulation 4(1) of the Cosmetic Products (Safety) Regulations 1984(6) (including any aerosol containing a cosmetic product);

(d) a substance which is intended for use as–

(i) a medicinal product as defined in section 130 of the Medicines Act 1968(7), or

(ii) a substance specified in an order made under section 104 or 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance as such providions have effect in relation to medicinal products within the meaning of that Act;

(e) a substance which is a controlled drug within the meaning of the Misuse of Drugs Act 1971(8) and which is not excepted from section 4(1)(b) of that Act (which makes it unlawful to supply a controlled drug) by regulations made under section 7(1)(a) of the Act;

(f) a substance which is a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment.

(4) Substances and articles, including those mentioned in Schedule 2 and similar substances and articles which, when assembled in large mass, are liable to spontaneous oxidative heating over a long period of time shall not be treated as dangerous substances of Class 4.2 (spontaneously combustible substances) for the purposes of these Regulations.

(5) For the purposes of these Regulations vessels which have carried a liquid dangerous substance in bulk and portable tanks which have contained a liquid dangerous substance shall be deemed to be still carrying or containing that dangerous substance, as the case may be, until in the case of a vessel it has been gas-freed, inerted or cleaned and in the case of a portable tank it has been purged or cleaned, so that any of the substance or its vapour that remains is not sufficient to create a risk to the health or safety of any person.

(1)

1984 c. 30.

(2)

1956 c. 30.

(3)

S.I. 1980/1849.

(4)

S.I. 1981/137.

(5)

1970 c. 40.

(6)

S.I. 1984/1260.

(7)

1968 c. 67.

(8)

1971 c. 38.