SCHEDULE 5Marketing and use of leaded paints

PART 1Permitted marketing and use

8.  For the purposes of this Schedule—

“competent body” means—

(a)

English Heritage if the historic building, scheduled monument or work of art is in England;

(b)

Cadw if the historic building, scheduled monument or work of art is in Wales;

(c)

the Scottish Ministers if the historic building, scheduled monument or work of art is in Scotland;

(d)

the Department of the Environment if the historic building, scheduled monument or work of art is in Northern Ireland;

“historic building” means—

(e)

in relation to England and Wales, a listed building within the meaning of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990(1) which is classified as Grade I or Grade II (starred);

(f)

in relation to Scotland, a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(2) which is classified as category A;

(g)

in relation to Northern Ireland, a listed building within the meaning of article 42(7) of the Planning (Northern Ireland) Order 1991(3);

“leaded paint” means paint containing lead carbons or lead sulphates listed at points 16 and 17 of Annex XVII of REACH;

“notification” means a written notification that contains the matters in Part 3 of this Schedule;

“relevant declaration” means a written declaration that contains the matters in Part 2 of this Schedule ;

“scheduled monument” has the same meaning—

(h)

in England, Wales and Scotland, as it has in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979(4);

(i)

in Northern Ireland, as it has in article 3(2) of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995(5).