The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008

Amendments to the Control of Major Accident Hazards Regulations 1999

7.  For regulation 20(6) of the Control of Major Accident Hazards Regulations 1999(1) substitute the following paragraph—

“(6) Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1998, the Executive shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply, unless a transfer of responsibility is made under paragraph (7) below.

(7) The responsibility, for the purposes of the 1974 Act, for enforcing any of the relevant statutory provisions at any establishment to which any of these Regulations apply may be transferred from the Executive to the local authority, insofar as the main activity carried on at that establishment is the sale of goods, or the storage of goods for retail or wholesale distribution, except—

(a) at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(b) where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, or

(c) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.

(8) A transfer may be made only by agreement between the Executive and the local authority.

(9) Where a transfer has been made, the local authority shall cause notice of the transfer to be given to persons affected by it.”.

(1)

S.I. 1999/743 as amended by S.I. 2008/960, there are other amending instruments but none is relevant.