The REACH Enforcement Regulations 2008

Regulation 3(8)

SCHEDULE 2 U.K. Functions of enforcing authorities

1.  The functions of the Environment Agency, [F1 the Natural Resources Body for Wales,] the Scottish Environment Protection Agency and the Department of the Environment are to— U.K.

(a) prevent, minimise, remedy or mitigate the effects of pollution of the environment;

(b) ensure the safety of the environment.

Textual Amendments

F1 Words in Sch. 2 para. 1 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 306 (with Sch. 7)

2.  Subject to paragraph 3, the functions of the Health and Safety Executive, the Health and Safety Executive for Northern Ireland and a local (health and safety) authority are to— U.K.

(a) secure the health, safety and welfare of persons at work;

(b) protect others against risks to health and safety in connection with activities of persons at work;

(c) control the manufacture and placing on the market of articles and substances.

3.  In Northern Ireland, paragraph 2 does not apply in respect of substances for which any of the following make provision— U.K.

(a) the Explosives Acts (Northern Ireland) 1875 to 1970(1);

(b) the Explosives (Northern Ireland) Order 1972(2);

(c) the Health and Safety Quarries (Explosives) Regulations (Northern Ireland) 2006(3);

(d) the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006(4).

4.  The function of a local (consumer safety) authority is to ensure that goods made available to the public for their personal consumption are safe. U.K.

5.  The function of the Secretary of State is to control the use on, and discharge from, offshore installations of articles and substances in order to protect the marine environment. U.K.

[F2 6.— (1) Subject to sub-paragraph (2), the functions of the Office of Rail Regulation are to— U.K.

(a) secure the health, safety and welfare of persons at work;

(b) protect others against risks to health and safety in connection with the activities of persons at work;

(c) control the manufacture and placing on the market of articles and substances.

(2) The functions of the Office of Rail Regulation—

(a) only apply in relation to the manufacture, placing on the market and use of asbestos fibres in so far as this relates to the operation of a railway; and

(b) do not apply in relation to Northern Ireland.

(3) In sub-paragraph (2) “operation of a railway” has the meaning given in regulation 2 of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.]

Textual Amendments

F2 Sch. 2 para. 6 inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 8

(1)

1875 c.17, 1924 c.5 (N.I.); 1970 c.10 (N.I.).

(2)

1972 No. 730 (N.I. 3).

(3)

S.R. (NI) 2006 No 204.

(4)

S.R. (NI) 2006 No 425.