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 [F2 , the Office for Nuclear Regulation] 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.

Textual Amendments

F2 Words in Sch. 2 para. 2 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 139 (with Sch. 4)

[F3 3.   In Northern Ireland, paragraph 2 does not apply in respect of— U.K.

(a) substances for which the Explosives Acts (Northern Ireland) 1875 to 1970, the Health and Safety Quarries (Explosives) Regulations (Northern Ireland) 2006, or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 make provision; or

(b) tier 1 substances within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.]

Textual Amendments

F3 Sch. 2 para. 3 substituted (2.9.2014) by The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(6) (with reg. 31)

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.

[F4 6.— (1) Subject to sub-paragraph (2), the functions of [F5 the Office of Rail Regulation] [F5 the Office of Rail and Road] 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 [F5 the Office of Rail Regulation] [F5 the Office of Rail and Road] —

(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

F4 Sch. 2 para. 6 inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 8

F5 Words in Sch. 2 para. 6 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 8(d)