The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

Statutory Instruments

2013 No. 1506

Health And Safety

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

Made

18th June 2013

Laid before Parliament

27th June 2013

Coming into force in accordance with regulation 2

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) in relation to—

(a) biocides(2);

(b) the regulation and control of classification, packaging and labelling of dangerous substances and preparations (3);

(c) measures relating to consumer protection(4);

(d) the control of the import and export of goods(5); and

(e) the notification and control of substances(6).

The Secretary of State makes these Regulations—

(a) in exercise of the powers conferred by section 2(2) of, and paragraph 1A(7) of Schedule 2 to, the 1972 Act; and sections 15(1), (2), (3)(c), 5(b), (6), (8) and (9), and 82(3)(a) of, and paragraphs 1(1)(b) and (c) and (4), 2(1), 4(1), 6, 13(1) and 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974(8) (“the 1974 Act”), and

(b) for the purposes of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)(9) of the 1974 Act.

Before submitting proposals for these Regulations to the Secretary of State, the Health and Safety Executive has carried out the consultations that appeared to it to be appropriate, as required by section 50(3) of the 1974 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—

(a)

Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012(10) concerning the making available on the market and use of biocidal products to be construed as including references to Annexes I to IV of that Regulation as those Annexes are amended from time to time;

(b)

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008(11) on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, to 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-paragraphs and Annexes I to VII of that Regulation as those Articles and Annexes are amended from time to time; and

(c)

Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012(12) concerning the export and import of hazardous chemicals to be construed as including references to Annexes I, II, V and VI of that Regulation as those Annexes are amended from time to time.

(1)

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, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). The power of Ministers to make regulations in relation to matters in or regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).

(2)

S.I. 1999/2788.

(3)

S.I. 1976/897.

(4)

S.I. 1993/2661.

(5)

S.I. 1983/1706.

(6)

S.I. 1981/1536.

(7)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

(8)

1974 c.37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraphs 6 and 16 respectively.

(9)

Section 11(3) was amended by the Legislative Reform (Health and Safety Executive Order) 2008 (S.I.2008/960).

(10)

OJ No L167, 27.06.12, p.1.

(11)

OJ No L353, 31.12.08, p.1.

(12)

OJ No L201, 27.07.12, p.60.