Statutory Instruments
HEALTH AND SAFETY
Made
16th March 2009
Laid before Parliament
16th March 2009
Coming into force
6th April 2009
The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 M1 (“the 1972 Act”) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations M2, and for measures relating to consumer protection M3.
The Secretary of State makes these Regulations:
in exercise of the powers conferred upon him by section 2(2) of the 1972 Act and by sections 15(1), (2), (3)(c), (4)(b), (6)(b), (8) and (9) and 82(3)(a) of, and paragraphs 1(1)(b) and (c), (4) and (5), 2(1), 3(2), 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 M4 (“the 1974 Act”); and
for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3) M5 of the 1974 Act after the carrying out by the said Executive of consultations in accordance with section 50(3) of that Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references in these Regulations to—
the Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 M6 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC M7 and 1999/45/EC M8, and amending Regulation (EC) No 1907/2006 M9, be construed as including references to articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraph and Annexes I to VII of that Regulation as amended from time to time; and
the [F1Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals, of which Annexes I, II, V and VI are as amended from time to time].
Textual Amendments
F1Words in Preamble substituted (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), reg. 2(4), Sch. 4 para. 1 (with regs. 3(4)(5), 31)
Marginal Citations
M11972 c. 68. The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46).
M41974 c. 37, as amended by S.I. 2008/960. Section 1(1)(c) was modified by the Health and Safety at Work etc. Act (Application to Environmentally Dangerous Substances) Regulations 2002, S.I. 2002/282. There are other amending instruments but none is relevant.
M5Section 11(3) is substituted by S.I. 2008/960.
M6OJ No L353, 31.12.08, p. 1.
M7OJ No L196, 16.8.67, p. 1.
M8OJ No L 200, 30.7.99, p. 1.
M9OJ No L 396, 30.12.06, p. 1.