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—

    1. a

      in England, the Secretary of State;

    2. b

      in Scotland, the Scottish Ministers;

    3. c

      in Wales, the Welsh Ministers;

    4. d

      in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly; and

    5. e

      in relation to matters outside the competence of a devolved administration or the Assembly, the Secretary of State4;

  • “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—

    1. a

      the Department of the Environment;

    2. b

      the Environment Agency;

    3. c

      the Health and Safety Executive;

    4. d

      the Health and Safety Executive for Northern Ireland;

    5. e

      a local (consumer safety) authority;

    6. f

      a local (health and safety) authority;

    7. g

      the Scottish Environment Protection Agency;

    8. h

      the Secretary of State;

    9. i

      F5the Natural Resources Body for Wales;

  • “a local (consumer safety) authority” means—

    1. 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;

    2. 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;

    3. c

      in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 19725;

    4. d

      in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 19946;

    5. e

      in Wales, a county council or county borough council;

  • “a local (health and safety) authority” means—

    1. 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;

    2. 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;

    3. c

      in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;

    4. d

      in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

    5. e

      in Wales, a county council or county borough council;

  • F1“offshore installation” means—

    1. a

      an offshore installation within the meaning of section 44(1) of the Petroleum Act 1998; or

    2. b

      a carbon storage installation within the meaning of section 30(5) of the Energy Act 2008;

  • 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—

    1. 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

    2. b

      in relation to any other offshore installation, waters within the seaward limits of the territorial sea adjacent to Scotland.

3

Other expressions used in these Regulations which are used in REACH have the meaning they bear in REACH.