Statutory Instruments
Health And Safety
Made
27th May 2009
Laid before Parliament
3rd June 2009
Coming into force
1st July 2009
M1The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 15(1) to (5), (6)(a) and (b) and (8), 43(2) to (6) and 82(3)(a) of, and paragraphs 1, 2(1), 3, 4(1), 6 to 9, 11 to 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 as
M2read with paragraph 1A of Schedule 2 to the European Communities Act 1972 .
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the reference to the Dangerous Goods Directive to be construed as a reference to that instrument as amended from time to time.
M3In accordance with section 50(1) and (1AA) of the Health and Safety at Work etc. Act 1974 the Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate.
In accordance with paragraph 2(7) of Schedule 3 to the Railways Act 2005 M4 the Secretary of State has consulted the Office of Rail Regulation.
Modifications etc. (not altering text)
C1Regulations modified (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. 1 para. 3 (with Sch. 4)
Marginal Citations
M11974 c.37; section 1(1)(c) was modified by the Health and Safety at Work etc. Act (Application to Environmentally Hazardous Substances) Regulations 2002 (S.I. 2002/282) to which relevant amendments have been made by S.I. 2004/463, 2005/1308, 2007/1332 and 2009/318. Section 15(1) was amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 6.
M21972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
M3Articles 3 and 16(1) and (2) of the Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960) substituted a new version of section 50(1) for the previous version and inserted section 50(1AA). The extent of the requirement to consult pursuant to section 50(1) was narrowed by the insertion of section 50(1A) into the Health and Safety at Work etc. Act 1974 by the Railways Act 2005 (“the 2005 Act”) (c.14), Schedule 3, paragraph 13.
M4The meaning of “railway safety purposes” under Schedule 3 of the 2005 Act which is relevant to the obligation to consult has been amended by the Railways Act 2005 (Amendment) Regulations 2006 (S.I. 2006/556).