After regulation 16 of the Control of Substances Hazardous to Health Regulations 200236 (exemptions relating to the Ministry of Defence etc) insert—

“Modifications relating to the Office of Rail Regulation16A.

(1)

In so far as these Regulations apply to, or in connection with, any activities in relation to which the Office of Rail Regulation is made the enforcing authority by regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006, they shall have effect as if any reference to the Executive in the provisions specified in paragraph (2) were a reference to the Office of Rail Regulation.

(2)

The provisions referred to in paragraph (1) are as follows—

(a)

regulation 10 (7) (b) (monitoring exposure at the workplace);

(b)

regulation 11 (4) (b) (health surveillance); and

(c)

regulation 18 (revocation and savings).”.