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Asbestos (Prohibitions) (Amendment) Regulations (Northern Ireland) 2000

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Regulation 2(8)

SCHEDULE 1Schedule to be substituted for the Schedule to the Asbestos (Prohibitions) Regulations (Northern Ireland) 1993

Regulation 6(1)

SCHEDULE 1Derogation from the prohibitions on the supply and use of chrysotile

1.  Regulation 6(1) shall not apply to—

(a)the products described in paragraph 2, except for use with chlorine, until 1st January 2001;

(b)the products described in paragraph 2 which are for use with chlorine until 1st January 2003;

(c)chrysotile, or products to which chrysotile has intentionally been added, required solely for the manufacture of the products described in paragraph 2, except for use with chlorine, until 1st January 2001;

(d)chrysotile, or products to which chrysotile has intentionally been added, required solely for the manufacture of the products described in paragraph 2 which are for use with chlorine until 1st January 2003;

(e)the products described in paragraph 3 until 1st January 2003;

(f)chrysotile, or products to which chrysotile has intentionally been added, required solely for the manufacture of the products described in paragraph 3 until 1st January 2003;

(g)the products described in paragraphs 4 to 6 until 1st January 2004;

(h)chrysotile, or products to which chrysotile has intentionally been added, required solely for the manufacture of the products described in paragraphs 4 to 6, until 1st January 2004;

(i)the products described in paragraph 7 until 1st January 2005;

(j)chrysotile, or products to which chrysotile has intentionally been added, required solely for the manufacture of the products described in paragraph 7, until 1st January 2005;

(k)the products described in paragraphs 8 and 9;

(l)chrysotile, or products to which chrysotile has intentionally been added required solely for the manufacture of the products described in paragraph 9.

2.  Compressed asbestos fibre gaskets for use with saturated steam, superheated steam, or with substances which if classified in accordance with the classification provided for by regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995(1) would be in the category of danger, corrosive, toxic, flammable or highly flammable.

3.  Any sheet which when in a dry state has a density greater than 1900 kilograms per cubic metre and is used in temperatures at or above 500°C.

4.  Any component of an aeroplane or helicopter which is necessary for its safe operation.

5.  Any product consisting of a mixture of asbestos with a phenol formaldehyde resin or with a cresylic formaldehyde resin used in—

(a)vanes for rotary vacuum pumps;

(b)vanes for rotary compressors;

(c)any bearing or its housing; or

(d)split face seals of at least 150 millimetres in diameter used to prevent leakage of water from hydro-electric power generation turbines or from cooling water pumps in fossil fuel or nuclear-powered electricity generating stations.

6.  Pre-formed joints for sealing the doors of steam boilers and made from cloth containing asbestos and proofed with rubber or another elastomeric polymer.

7.  Personal protective clothing for protection against the handling of material at a temperature of 500°C or more.

8.  Vehicle brake linings, and in this paragraph—

“vehicle” means a vehicle which is to be treated as a motor vehicle or trailer for the purposes of the Road Traffic (Northern Ireland) Order 1995(2);

“brake linings” means the friction material components of a brake lining assembly; and

“brake lining assembly” means a component of a friction brake which is pressed against a drum or disc, to produce the friction force.

9.  Diaphragms for use in electrolytic cells in existing electrolysis plants for chlor-alkali manufacture.

10.  Receptacles used for the storage of acetylene gas under pressure and in use before 2nd May 2000.

Regulation 2(9)

SCHEDULE 2Schedule to be added after Schedule 1 to the Asbestos (Prohibitions) Regulations (Northern Ireland) 1993

Regulation 7A

SCHEDULE 2Premises and activities within territorial waters

Interpretation

1.(1) In this Schedule—

“designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964(3) and “within a designated area” includes over and under it;

“offshore installation” shall be construed in accordance with paragraph 2(4) and (5);

“stand-by vessel” means a vessel which is ready to give assistance in the event of an emergency on or near an offshore installation;

“vessel” includes a hovercraft and a floating structure which is capable of being staffed.

(2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

(3) For the purposes of this Schedule, a person shall be deemed to be engaged in diving operations throughout any period from the time when he commences to prepare for diving until the time when—

(a)he is no longer subjected to raised pressure;

(b)he has normal inert gas partial pressure in his tissues; and

(c)if he entered the water, he has left it,

and diving operations include the activity of any person in connection with the health and safety of a person who is, or is deemed to be, engaged in diving operations.

(4) Any reference in this Schedule to premises and activities (howsoever described) includes a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.

Offshore installations

2.(1) This paragraph applies to—

(a)any offshore installation and any activity on it;

(b)any activity, including diving operations, in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, on or from a vessel or in any other manner, other than—

(i)transporting, towing or navigating the installation; or

(ii)any activity on or from a vessel being used as a stand-by vessel; or

(c)diving operations involving the survey and preparation of the sea bed for an offshore installation.

(2) Subject to sub-paragraph (3), in this Schedule “offshore installation” means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—

(a)for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

(b)for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;

(c)for the conveyance of things by means of a pipe; or

(d)mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,

and which is not an excepted structure.

(3) For the purposes of sub-paragraph (2), the excepted structures are—

(a)a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

(b)a well;

(c)a structure which has ceased to be used for any of the purposes specified in sub-paragraph (2) and has since been used for a purpose not so specified;

(d)a mobile structure which has been taken out of use and is not for the time being intended to be used for any of the purposes specified in sub-paragraph (2); and

(e)any part of a pipeline.

Wells

3.(1) This paragraph applies to—

(a)a well and any activity in connection with it; or

(b) an activity which is immediately preparatory to any activity falling within head (a).

(2)  Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines

4.(1) This paragraph applies to—

(a)a pipeline;

(b)any pipeline works; or

(c)any of the following activities in connection with pipeline works, namely—

(i)the loading, unloading, fuelling or provisioning of a vessel;

(ii)the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,

being in either case a vessel which is engaged in pipeline works.

(2) In this paragraph—

  • “pipeline” means a pipe or system of pipes for the conveyance of any thing, together with—

    (a)

    any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;

    (b)

    any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;

    (c)

    valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;

    (d)

    apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in heads (a) to (c);

    (e)

    apparatus for the transmission of information for the operation of the pipe or system;

    (f)

    apparatus for the cathodic protection of the pipe or system; and

    (g)

    a structure used or to be used solely for the support of a part of the pipe or system;

    but not including a pipeline of which no initial or terminal point is situated in the United Kingdom or within territorial waters, United Kingdom territorial waters adjacent to Great Britain or a designated area;

  • “pipeline works” means—

    (a)

    assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it;

    (b)

    inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline;

    (c)

    changing the position of or dismantling or removing a pipeline or length of pipeline;

    (d)

    opening the bed of the sea for the purposes of the works mentioned in heads (a) to (c), and tunnelling or boring for those purposes;

    (e)

    any activities incidental to the activities described in heads (a) to (d);

    (f)

    diving operations in connection with any of the works mentioned in heads (a) to (e) or for the purpose of determining whether a place is suitable as part of a site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines

5.(1) This paragraph applies to the working of a mine and work for the purpose of, or in connection with, the working of any part of a mine.

(2) In this paragraph “mine” and “working of a mine” have the same meaning as in the Mines Act (Northern Ireland) 1969(4).

Other activities

6.(1) Subject to sub-paragraph (2), this paragraph applies to—

(a)the construction, reconstruction, alteration, repair, maintenance, cleaning, demolition and dismantling of any building or other structure not being a vessel or any preparation for any such activity;

(b)the loading, unloading, fuelling or provisioning of a vessel;

(c)diving operations;

(d)the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel; or

(e)the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(3)(d) relates.

(2) This paragraph does not apply to vessels which are registered outside the United Kingdom and are on passage through territorial waters.

(3)

1964 c. 29; section 1 was amended by the Oil and Gas Enterprise Act 1982 (c. 23), Schedule 3, paragraph 1

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