PART 2TRADE

Disclosure of chemical trade and safety information within UKI13

1

This regulation applies to information which relates to the trade in or safety of chemicals supplied by a relevant trading partner, or such person as a relevant trading partner may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of the EEA EFTA Agreement (including any annex to such agreement).

2

The Executive may disclose that information for a permitted purpose.

3

The following are the “permitted purposes” for the purpose of paragraph (2)—

a

to ensure health and safety;

b

to ensure protection of consumers;

c

to ensure protection of the environment.

4

A person who receives information as a result of paragraph (2) may—

a

use the information for a permitted purpose, or

b

further disclose that information with the consent of the Executive.

5

A person who receives the information following consent by the Executive under sub-paragraph 4(b) may use or disclose the information in accordance with paragraph (4).

Annotations:
Commencement Information
I1

Reg. 3 in force at 1.11.2022, see reg. 1(2)

Disclosure of chemical trade and safety information to a relevant trading partnerI24

1

This regulation applies to information held by the Executive which relates to the trade in or safety of chemicals.

2

The Executive may disclose information to a relevant trading partner, or such person as the relevant trading partner may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of the EEA EFTA Agreement (including any annex to such agreement).

Annotations:
Commencement Information
I2

Reg. 4 in force at 1.11.2022, see reg. 1(2)

General provisions about disclosure of chemical trade and safety informationI35

1

Nothing in regulation 3 or 4 limits the circumstances in which information may be disclosed under any other enactment or rule of law.

2

A disclosure under regulation 3 or 4 does not breach—

a

any obligation of confidence owed by the Executive, or

b

any other restriction on the disclosure of that information (however imposed).

3

Nothing in this regulation, or regulation 3 and 4, authorises a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, regulation 3 and 4 of these Regulations should be taken into account).

Annotations:
Commencement Information
I3

Reg. 5 in force at 1.11.2022, see reg. 1(2)

Interpretation of regulations 3 to 5I46

In regulations 3 to 5—

  • data protection legislation” has the same meaning as in the Data Protection Act 20185;

  • EEA EFTA Agreement” means the Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland6;

  • relevant trading partner” means a Party, other than the United Kingdom, to the EEA EFTA Agreement;

  • the Executive” means the Health and Safety Executive7.