The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010

Statutory Instruments

2010 No. 2987

Merchant Shipping

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010

Made

14th December 2010

Laid before Parliament

17th December 2010

Coming into force

10th January 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) as read with paragraph 1A of Schedule 2 to that Act(2) and sections 85(1), (3), (5) and (7) and 86(1) of the Merchant Shipping Act 1995(3) (“the Act”).

The Secretary of State is a Minister designated(4) for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships, and the health and safety of persons on them.

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 references to the Annexes to Council Directive 2006/25/EC on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation)(nineteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(5) to be construed as references to those Annexes as amended from time to time.

In accordance with section 86(4) of the Act the Secretary of State has consulted the persons referred to in that section.

(1)

1972 c. 68. By virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under section 2(2) of the European Communities Act 1972 to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3 of the European Union (Amendment) Act 2008 (c.7).1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3 of the European Union (Amendment) Act 2008 (c.7).

(2)

Paragraph 1A was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 28.

(3)

1995 c.21; subsections (1) and (3) of section 85 were amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), section. 8 and Schedule 7 Part I, and sections 85 and 86 of the Merchant Shipping Act 1995 apply in relation to hovercraft as they apply in relation to ships, by virtue of article 4 of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) and section 17(2)(a) of the Interpretation Act 1978 (c.30).

(4)

S.I. 1993/595.

(5)

O.J. No. L. 114, 27.4.2006, p. 38, amended by Directive 2007/30/EC of 20 June 2007 (O.J. No. L. 165, 27.6.2007, p. 21) and by Regulation (EC) No. 1137/2008 of 22 October 2008 (O.J. No. L. 311, 21.11.2008, p. 1). Added to Annex XVIII of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 123/2007 of 28th September 2007 (O.J. No. L. 47, 21.2.2008, p. 49). Directive 89/391 is to be found at O.J. No. L. 103, 29.6.1989, p.1.