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

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“aerosol dispenser” means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state;

“the Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(1) and adopted as respects to the United Kingdom by the European Economic Area Act 1993(2);

“approved classification and labelling guide” means the guide approved by the Secretary of State and published by the Health and Safety Commission entitled “Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply (3rd Edition)”;

“approved supply list” has the meaning assigned to it by regulation 4;

“category of danger” means, in relation to a substance dangerous for supply, one of the categories of danger specified in column 1 of Part I of Schedule 1;

“classification” means, in relation to a substance dangerous for supply, classification in accordance with regulation 5;

“commercial sample” means, in relation to a substance dangerous for supply, a sample of that substance provided to the recipient with a view to subsequent purchase;

“the Community” means the European Economic Community and other States in the European Economic Area;

“EC number” means, in relation to a substance dangerous for supply—

(a)

in the case of a substance that is included in the approved supply list, the EC number (if any) specified in column 3 of Part V of that list; or

(b)

in the case of a substance that is not included in the approved supply list or for which an EC number is not given in Part V of that list, the number for that substance (if any) specified in the European Inventory of Existing Commercial Chemical Substances (EINECS)(3);

“the European Economic Area” means the Area referred to in the Agreement;

“explosive substance” means—

(a)

a solid or liquid substance, or

(b)

a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

“flash point” means the flash point determined in accordance with Part III of Schedule 1;

“freight container” means a container as defined in regulation 2 of the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992(4);

“the Health and Safety Commission” means the Health and Safety Commission established under section 10 of the Health and Safety at Work etc. Act 1974(5);

“index number” means, in relation to a substance dangerous for supply which appears in the approved supply list, the number for that substance specified in that list;

“indication of danger” means, in relation to a substance dangerous for supply, one or more of the indications of danger referred to in column 1 of Schedule 2 and in the case of—

(a)

a substance dangerous for supply listed in the approved supply list, it is one or more indications of danger specified by a symbol-letter in the list; or

(b)

a substance dangerous for supply not so listed, it is one or more indications of danger determined in accordance with the classification of that substance under regulation 5 and the approved classification and labelling guide;

“member State” means a State which is a Contracting Party to the Agreement;

“package” means, in relation to a substance dangerous for supply, the package in which it is supplied and which is liable to be individually handled during the course of the supply and includes the receptacle containing the substance and any other packaging associated with it and any pallet or other device which enables more than one receptacle containing a substance dangerous for supply to be handled as a unit, but does not include—

(a)

a freight container (other than a tank container), a skip, a vehicle or other article of transport equipment; or

(b)

in the case of supply by way of retail sale, any wrapping such as a paper or plastic bag into which the package is placed when it is presented to the purchaser;

“packaging” means, in relation to a substance dangerous for supply, the receptacle, or any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function or both;

“property” means, in relation to a substance dangerous for supply, a property described in column 2 of Part I of Schedule 1 and further described in the approved classification and labelling guide;

“receptacle” means, in relation to a substance dangerous for supply, a vessel, or the innermost layer of packaging, which is in contact with the substance and which is liable to be individually handled when the substance is used and includes any closure or fastener;

“risk phrase” means, in relation to a substance dangerous for supply, a phrase listed in the approved supply list and in these Regulations a specific risk phrase may be designated by the letter “R” followed by a distinguishing number or combination of numbers but the risk phrase shall be quoted in full on any label or safety data sheet on which the risk phrase is required to be shown;

“safety phrase” means, in relation to a substance dangerous for supply, a phrase listed in the approved supply list and in these Regulations a specific safety phrase may be designated by the letter “S” followed by a distinguishing number or combination of numbers, but the safety phrase shall be quoted in full on any label or safety data sheet on which the safety phrase is required to be shown;

“substance” means a chemical element and its compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

“substance dangerous for supply” means—

(a)

a substance listed in the approved supply list; or

(b)

any other substance which is in one or more of the categories of danger specified in column 1 of Part I of Schedule 1;

“supplier” means a person who supplies a substance dangerous for supply, and in the case of a substance which is imported (whether or not from a member State) includes the importer, established in Northern Ireland, of that substance or preparation;

“supply” in relation to a substance—

(a)

means, subject to sub-paragraphs (b) and (c) below, supply of that substance in the course of or for use at work, by way of—

(i)

sale or offer for sale,

(ii)

commercial sample, or

(iii)

transfer from a factory, warehouse or other place of work and its curtilage to another place of work, whether or not in the same ownership, whether as principal or agent for another;

(b)

in relation to regulation 7 shall have the meaning assigned to it by regulation 7(2);

“symbol” means the symbol shown in column 3 of Schedule 2 for the indication of danger shown in column 1 of that Schedule, and “symbol-letter ” means the letter shown in the corresponding entry in column 2 of that Schedule.

(2) Unless the context otherwise requires, where in these Regulations reference is made to a quantity of a substance dangerous for supply expressed in litres, that reference shall mean—

(a) in the case of a liquid, the volume in litres of that liquid;

(b) in the case of a gas, the volume in litres of the receptacle containing that gas; and

(c) in the case of a solid, the same number of kilograms of that solid,

and for the purposes of aggregation, one kilogram of a solid shall be deemed to be equivalent to one litre of a liquid or gas.

(3) These Regulations are without prejudice to any other requirement imposed by or under any statutory provision which relates to a substance dangerous for supply.

(1)

The Agreement was amended by Decision 7/94 of the EEA Joint Committee of 21st March 1994 (O.J. No. L 160, 28.6.94, p.1.). There are other amendments to the Agreement which are not relevant to these Regulations.

(2)

1993 c. 51.

(3)

O.J. No. C146A, 15.6.90 p.1.

(4)

S.R. 1992 No. 2.

(5)

1974 c. 37.