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The Control of Asbestos in the Air Regulations 1990

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Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to Great Britain and together with the Health and Safety (Emissions into the Atmosphere) (Amendment) Regulations 1989 (S.I. 1989/319) and existing legislation, implement, as regards emissions into the air, Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos.

Regulation 2 prescribes a limit value for the discharge of asbestos from outlets into the air during the use of asbestos, and provides for the regular measurement of asbestos emissions from plants to which that regulation applies. Contravention of these requirements is an offence under section 33 of the Health and Safety at Work etc. Act 1974. Regulation 3 makes the Secretary of State responsible for enforcing regulation 2.

Regulation 4 provides for the control of environmental pollution by asbestos emitted into the air resulting from the working of products or from the demolition of buildings, structures or installations, containing asbestos.

Regulation 5 makes any contravention of regulation 3 an offence, punishable as set out in that regulation.

In the case of premises to which section 5 of the Health and Safety at Work etc. Act 1974 applied before 31st December 1988, regulation 2 does not come into force until 30th June 1991 (regulation 1(2)).

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