The Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations apply to any substance which is dangerous for supply and to which the Explosives Acts (Northern Ireland) 1875 to 1970 apply.

2.  By virtue of the amendments to the European Communities Act 1972 (c. 68) made by the European Economic Area Act 1993 (c. 51), these Regulations make provisions relating to the European Economic Area as defined in regulation 2(1).

3.  These Regulations implement, as respects Northern Ireland—

(a) Council Directive 92/32/EEC (O.J. No. L 154, 5.6.92, p.1) amending for the 7th time Council Directive 67/548/EEC (O.J. No. 1986, 16.8.67, p.1) (O.J./SE 1967 p.234), in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”);

(b) part of Council Directive 94/60/EC (O.J. No. L 365, 31.12.94, p.1), the 14th Amendment to Council Directive 67/769/EEC (“the Marketing and Use Directive ”); and

(c) Council Directive 96/56/EC (O.J. No. L 236, 18.9.96, p.35), the 8th Amendment to the Dangerous Substances Directive.

4.  These Regulations also implement the following Directives which adapt to technical progress and modify the substances Directive—

(a) Commission Directive 91/410/EEC (O.J. No. L 228, 17.8.91, p.67) 14th adaptation to technical progress of the substances Directive;

(b) Commission Directive 92/37/EEC (O.J. No. L 154, 5.6.92, p.30) 16th adaptation to technical progress of the substances Directive;

(c) Commission Directive 93/21/EEC (O.J. No. L 110, 4.5.93, p.20) 18th adaptation to technical progress of the substances Directive;

(d) Commission Directive 93/72/EEC (O.J. No. L 258, 16.10.93, p.29) 19th adaptation to technical progress of the substances Directive;

(e) Commission Directive 93/101/EC (O.J. No. L 13, 15.1.94, p.1) 20th adaptation to technical progress of the substances Directive; and

(f) Commission Directive 93/112/EC (O.J. No. L 314, 16.12.93, p.38) amendment to the safety data sheets Directive (Commission Directive 91/155/EEC, O.J. No. L 76, 22.3.91, p.39).

(g) Commission Directive 94/69/EC (O.J. No. L 381, 31.12.94, p.1) the 21st adaptation to technical progress of Commission Directive 67/548/EEC (“the Dangerous Substances Directive”);

(h) Commission Directive 96/54/EC (O.J. No. L 248, 30.9.96, p.1); and

(i) Commission Directive 96/55/EC (O.J. No. L 231, 12.9.96, p.20), the 2nd adaptation to the Marketing and Use Directive.

5.  The scope of the Regulations is described in regulation 3. Regulation 4 defines and describes the approved supply list which has been approved by the Secretary of State and published by the Health and Safety Commission for the purposes of classifying substances dangerous for supply.

6.  Regulation 5 prohibits the supply of substances dangerous for supply unless they are classified in accordance with that regulation. Procedures for classifying substances dangerous for supply are also prescribed (regulation 5 and Schedule 1).

7.  Regulation 6 describes the safety data sheets which (with certain exceptions) are required to be provided when dangerous substances are supplied and Schedule 3 sets out the headings under which particulars are to be provided in safety data sheets.

8.  Regulation 7 requires that advertisements for a substance which is dangerous for supply must refer to the hazards presented by that substance.

9.  Regulation 8 requires the person who classifies a substance as dangerous for supply to retain the data used for classification for at least three years after the substance was last supplied and make it available to the enforcing authority on request.

10.  The Regulations make provision for exemptions to be granted by the Secretary of State in certain circumstances and for the enforcement of the Regulations (regulations 9 and 10).

11.  Regulation 11 and Schedule 4 amend the Construction (Use of Explosives) Regulations (Northern Ireland) 1997.

12.  Copies of the publications referred to in these Regulations are obtainable as follows:—

(a) (i) the approved supply list [ISBN 0-7176 0858 1],

(ii) the approved classification and labelling guide [ISBN 0-7176 0860 3], HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS or any good book seller;

(b) The British and International Standards referred to in Part III of Schedule 1 (relating to the determination of flash point), regulation 13 and Schedule 7 (relating to child resistant fastenings and tactile warning devices) from (by personal callers) the British Standards Institution, 2 Park Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978.