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The Pyrotechnic Articles (Safety) Regulations 2015, Section 38C is up to date with all changes known to be in force on or before 09 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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38C.—(1) In this regulation “safety data sheet” means a document—
(a)compiled in accordance with Annex II to Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, as it has effect in EU law immediately before exit day; and
(b)which takes into account the specific needs of professional users.
(2) Paragraph (3) applies where, before placing a pyrotechnic article for vehicles on the market, the manufacturer draws up a safety data sheet in English.
(3) Where this paragraph applies—
(a)regulation 12 applies subject to the modification—
(i)in paragraph (10); and
(ii)that paragraph (4) of that regulation is omitted; and
(b)regulation 60(1)(f) does not apply.
(4) Paragraph (5) applies where, before placing a pyrotechnic article for vehicles on the market, the importer ensures that the article is accompanied by a safety data sheet in English.
(5) Where this paragraph applies regulation 15 applies subject to the modification that paragraph (2) of that regulation is substituted by the following—
“(2) In paragraph (1)(c)(ii), “required documents” means—
(a)the documents that are required to be provided with the pyrotechnic article pursuant to regulation 11(6); and
(b)the safety data sheet.”.
(6) Paragraph (7) applies where, before making a pyrotechnic article for vehicles available on the market, a distributor verifies that the article is accompanied by a safety data sheet in English.
(7) Where this paragraph applies regulation 25 applies subject to the modification that paragraph (2) of that regulation is substituted by the following—
“(2) In paragraph (1)(a)(ii), “required documents” means—
(a)the documents that are required to be provided with the pyrotechnic article pursuant to regulations 11(6) and 17(3)(b); and
(b)the safety data sheet.”.
(8) Paragraph (9) applies where, before making a pyrotechnic article for vehicles available on the market to a professional user, an economic operator supplies to the professional user a safety data sheet in respect of that article.
(9) Where this paragraph applies regulation 35 applies subject to the modification at paragraph (10).
(10) The modification referred to in sub-paragraphs (3) and (9) is that any reference to a “UK safety data sheet” is to be read as a reference to a safety data sheet.]
Textual Amendments
F1Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)
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