Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 525

HEALTH AND SAFETY

Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 1996

Made

11th November 1996

Coming into operation

16th December 1996

The Department of Economic Development, being a Department designated by the European Communities (Designation) Order 1996(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the regulation and control of the transport of dangerous or environmentally hazardous goods by road or rail, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 1996 and shall come into operation on 16th December 1996.

Extension of power to make Regulations

2.—(1) For the purposes only of enabling Regulations under Article 17 of the Health and Safety at Work (Northern Ireland) Order 1978(3) to be made to implement any obligation imposed by any of the Directives or to deal with any matter arising out of or related to any such obligation, the reference to dangerous substances in Article 3(1)(c) of that Order shall have effect as if it included a reference to environmentally hazardous substances.

(2) In this regulation—

(a) “the Directives” mean—

(i) Council Directive 94/55/EC(4) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

(ii) Council Directive 96/49/EC(5) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; and

(iii) European Parliament and Council Directive 94/63/EC(6) on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations; and

(b) “environmentally hazardous substances” mean substances which are dangerous to the environment (whether or not they are already within Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 1978 as dangerous substances).

Sealed with the Official Seal of the Department of Economic Development on 11th November 1996.

L.S.

Philip B. Strong

Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations extend the reference to dangerous substances in Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 1978 (“the Order”) to include environmentally hazardous substances (as defined).

2.  This is to enable Regulations, under Article 17 of that Order, to be made to implement Council Directives 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road and 96/49/EC (O.J. No. L235, 17.9.96, p. 25) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, and European Parliament and Council Directive 94/63/EC (O.J. No. L365, 31.12.94, p. 24) on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations.

(1)

S.I. 1996/266

(2)

1972 c. 68; the definition of the Treaties referred to in section 2(2) was extended by section 1 of the European Economic Area Act 1993 (c. 51)

(3)

S.I. 1978/1039 (N.I. 9); Article 17 should be read with Articles 3 and 4 of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 (S.I. 1992/1728 (N.I. 17))

(4)

O.J. No. L319, 12.12.94, p. 7

(5)

O.J. No. L235, 17.9.96, p. 25

(6)

O.J. No. L365, 31.12.94, p. 24