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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) (Amendment) Regulations 2013
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- 2013 No. 1473
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 (“the 2010 Regulations”) which implement Council Directive 83/477/EEC(OJ No L263, 24.9.83, p25) as amended by Council Directive 91/382/EC (OJ No L206, 29.7.91 p16) and Directive 2003/18/EC (OJ No L97, 15.4.03, p48) of the European Parliament and of the Council on the protection of workers from the risk of exposure to asbestos at work. These directives have been repealed and replaced by a consolidated instrument, Council Directive 2009/148/EC (OJ No. L330, 16.12.2009, p28), which is given effect in relation to activities other than shipping through the Control of Asbestos Regulations 2012 (S.I.2012/632) (“the CAR Regulations”).
Regulation 2 amends regulation 2 and regulation 4(8) of the 2010 Regulations. The changes bring these provisions into line with regulations 2 and 3 of the CAR Regulations.
They also introduce a new provision into the 2010 Regulations which requires the Secretary of State to review the operation and effect of the 2010 Regulations and publish a report by 12th July 2018, which is five years after the date on which these Regulations come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the 2010 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the 2010 Regulations or to amend them.
A full impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sector is available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG and is published with the Explanatory Memorandum alongside these Regulations at www.legislation.gov.uk.
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