PART 1Introduction
Citation and commencement1
These Regulations may be cited as the REACH Enforcement Regulations 2008 and come into force on 1st December 2008.
Interpretation2
1
In these Regulations—
“a listed REACH provision” means a provision of REACH listed in the REACH table;
“REACH” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals3;
“the REACH table” means the table in Schedule 1 to these Regulations.
2
In these Regulations—
“authorised person” means a person authorised by an enforcing authority under regulation 10;
“competent authority” has the same meaning it has in REACH and in respect of the United Kingdom the authorities are—
- a
in England, the Secretary of State;
- b
in Scotland, the Scottish Ministers;
- c
in Wales, the Welsh Ministers;
- d
in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly; and
- e
in relation to matters outside the competence of a devolved administration or the Assembly, the Secretary of State4;
- a
“devolved administration or the Assembly” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;
“enforcement duty” means a duty placed on an enforcing authority under regulation 3;
“enforcing authority” means—
- a
the Department of the Environment;
- b
the Environment Agency;
- c
the Health and Safety Executive;
- d
the Health and Safety Executive for Northern Ireland;
- e
a local (consumer safety) authority;
- f
a local (health and safety) authority;
- g
the Scottish Environment Protection Agency;
- h
the Secretary of State;
- i
F5the Natural Resources Body for Wales;
- a
“a local (consumer safety) authority” means—
- a
in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
- b
in England outside Greater London, a county council or, in relation to an area for which there is a district council but no county council, the district council, and the Council of the Isles of Scilly;
- c
in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 19725;
- d
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 19946;
- e
in Wales, a county council or county borough council;
- a
“a local (health and safety) authority” means—
- a
in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
- b
in England, outside Greater London, a district council or, in relation to an area for which there is a county council but no district council, the county council, and the Council of the Isles of Scilly;
- c
in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;
- d
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
- e
in Wales, a county council or county borough council;
- a
F1“offshore installation” means—
- a
an offshore installation within the meaning of section 44(1) of the Petroleum Act 1998; or
- b
a carbon storage installation within the meaning of section 30(5) of the Energy Act 2008;
- a
F2“relevant waters”, in relation to an offshore installation, has the meaning given in section 44(4) of the Petroleum Act 1998;
F3“Scotland” includes Scottish controlled waters;
F4“Scottish controlled waters” means—
- a
in relation to an offshore installation which is maintained (or intended to be established) for the purposes of the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998), any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974; and
- b
in relation to any other offshore installation, waters within the seaward limits of the territorial sea adjacent to Scotland.
- a
3
Other expressions used in these Regulations which are used in REACH have the meaning they bear in REACH.