Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

Regulation 2(1)

SCHEDULE 1 OTHER SUBSTANCES AND PROCESSES TO WHICH THE DEFINITION OF “CARCINOGEN” RELATES

• Aflatoxins.

• Arsenic.

• Auramine manufacture.

• Calcining, sintering or smelting of nickel copper matte or acid leaching or electrorefining of roasted matte.

• Coal soots, coal tar, pitch and coal tar fumes.

• Hardwood dusts.

• Isopropyl alcohol manufacture (strong acid process).

• Leather dust in boot and shoe manufacture, arising during preparation and finishing.

• Magenta manufacture.

• Mustard gas (β, β'-dichlorodiethyl sulphide).

• Rubber manufacturing and processing giving rise to rubber process dust and rubber fume.

• Used engine oils.

Regulation 4(1)

SCHEDULE 2 PROHIBITION OF CERTAIN SUBSTANCES HAZARDOUS TO HEALTH FOR CERTAIN PURPOSES

Column 1	Column 2
Description of substance	Purpose for which the substance is prohibited
In this Schedule– “aerosol dispenser” means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state; “blasting apparatus” means apparatus for cleaning, smoothing, roughening or removing of part of the surface of any article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by a blast of compressed air or steam or by a wheel; “CAS No. ” is the number assigned to a substance by the Chemical Abstract Service; “cosmetic product” has the meaning assigned to it in regulation 2(1) of the Cosmetic Products (Safety) Regulations 1996(1) (including any aerosol dispenser containing a cosmetic product); “gassing powder” means a chemical compound in powder form which reacts with atmospheric moisture to generate hydrogen cyanide; “medicinal product” means a substance or preparation which is– (a) intended for use as a medicinal product within the meaning of section 130 of the Medicines Act 1968(2), or (b) a substance or preparation specified in an order made under section 104 or 105 of the Medicines Act 1968(3) which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance or preparation as such provisions have effect in relation to medicinal products within the meaning of that Act; “use as a parting material” means the application of the material to the surface or parts of the surface of a pattern or of a mould so as to facilitate the separation of the pattern from the mould or the separation of parts of the mould; “white oil” means a refined mineral oil conforming to a specification approved by the Executive and certified by its manufacturer as so conforming.
1.  2-naphthylamine; benzidine; 4-aminodiphenyl; 4-nitrodiphenyl; their salts and any substance containing any of those compounds, in a total concentration equal to or greater than 0·1 per cent by mass.	Manufacture and use for all purposes including any manufacturing process in which a substance described in Column 1 is formed.
2.  Sand or other substance containing free silica.	Use as an abrasive for blasting articles in any blasting apparatus.
3.  A substance– (a) containing compounds of silicon calculated as silica to the extent of more than 3 per cent by weight of dry material, other than natural sand, zirconium silicate (zircon), calcined china clay, calcined aluminous fireclay, sillimanite, calcined or fused alumina, olivine; or (b) composed of or containing dust or other matter deposited from a fettling or blasting process.	Use as a parting material in connection with the making of metal castings.
4.  Carbon disulphide.	Use in the cold-cure process of vulcanising in the proofing of cloth with rubber.
5.  Oils other than white oil, or oil of entirely animal or vegetable origin or entirely of mixed animal and vegetable origin.	Use for oiling the spindles of self-acting mules.
6.  Ground or powdered flint or quartz other than natural sand.	Use in relation to the manufacture or decoration of pottery for the following purposes– (a) the placing of ware for the biscuit fire; (b) the polishing of ware; (c) as the ingredient of a wash for saggars, trucks, bats, cranks, or other articles used in supporting ware during firing; and (d) as dusting or supporting powder in potters' shops.
7.  Ground or powdered flint or quartz other than– (a) natural sand; or (b) ground or powdered flint or quartz which forms part of a slop or paste.	Use in relation to the manufacture or decoration of pottery for any purpose except– (a) use in a separate room or building for– (i) the manufacture of powdered flint or quartz, or (ii) the making of frits or glazes or the making of colours or coloured slips for the decoration of pottery; (b) use for the incorporation of the substance into the body of ware in an enclosure in which no person is employed and which is constructed and ventilated to prevent the escape of dust.
8.  Dust or powder of a refractory material containing not less than 80 per cent of silica other than natural sand.	Use for sprinkling the moulds of silica bricks, namely bricks or other articles composed of refractory material and containing not less than 80 per cent of silica.
9.  White phosphorus.	Use in the manufacture of matches.
10.  Hydrogen cyanide.	Use in fumigation except when– (a) released from an inert material in which hydrogen cyanide is absorbed; (b) generated from a gassing powder; or (c) applied from a cylinder through suitable piping and applicators other than for fumigation in the open air to control or kill mammal pests.
11.  Benzene and any substance containing benzene in a concentration equal to or greater than 0·1 per cent by mass, other than– (a) motor fuels covered by Council Directive 85/210/EEC (O.J. No. L96, 3.4.85, p. 25); (b) waste covered by Council Directives 75/442/EEC (O.J. No. L194, 25.7.75, p. 39), as amended by Council Directive 91/156/EEC (O.J. No. L78, 26.3.91, p. 32), and 91/689/EEC (O.J. No. L377, 31.12.91, p. 20).	Use for all purposes except– (a) use in industrial processes; and (b) for the purposes of research and development or for the purpose of analysis.
12.  The following substances– Chloroform CAS No. 67-66-3; Carbon tetrachloride CAS No. 56-23-5; 1,1,2 Trichloroethane CAS No. 79-00-5; 1,1,2,2 Tetrachloroethane CAS No. 79-34-5; 1,1,1,2 Tetrachloroethane CAS No. 630-20-6; Pentachloroethane CAS No. 76-01-7; Vinylidene chloride (1,1 Dichloroethylene) CAS No. 75-35-4; 1,1,1 Trichloroethane CAS No. 71-55-6, and any substance containing one or more of those substances in a concentration equal to or greater than 0·1 per cent by mass, other than– (a) medicinal products; (b) cosmetic products.	Supply for use at work in diffusive applications such as in surface cleaning and the cleaning of fabrics except for the purposes of research and development or for the purpose of analysis.

Regulations 2(1) and 7(6)(a) and (10)

SCHEDULE 3 ADDITIONAL PROVISIONS RELATING TO WORK WITH BIOLOGICAL AGENTS

PART I provisions of general application to biological agents

Interpretation

1.  In this Schedule “diagnostic service” means any activity undertaken solely with the intention of analysing specimens or samples from a human patient or animal in which a biological agent is or is suspected of being present for purposes relating to the assessment of the clinical progress, or assistance in the clinical management, of that patient or animal.

Classification of biological agents

2.—(1) Where a biological agent does not have an approved classification, the employer shall provisionally classify that agent in accordance with sub-paragraph (2), having regard to the nature of the agent and the properties of which he may reasonably be expected to be aware.

(2) When provisionally classifying a biological agent the employer shall assign that agent to one of the following Groups according to its level of risk of infection and, if in doubt as to which of two alternative Groups is the more appropriate, he shall assign it to the higher of the two–

(a) Group 1—unlikely to cause human disease;

(b) Group 2—can cause human disease and may be a hazard to employees; it is unlikely to spread to the community and there is usually effective prophylaxis or treatment available;

(c) Group 3—can cause severe human disease and may be a serious hazard to employees; it may spread to the community, but there is usually effective prophylaxis or treatment available;

(d) Group 4—causes severe human disease and is a serious hazard to employees; it is likely to spread to the community and there is usually no effective prophylaxis or treatment available.

(3) Where an employer is using a biological agent which has an approved classification and the risk of infection for that particular agent is different from that expected, the employer shall reclassify the agent in consultation with the Executive as if performing a provisional classification under sub-paragraph (2).

Special control measures for laboratories, animal rooms and industrial processes

3.—(1) Every employer who is engaged in any of the activities specified in sub-paragraph (3) shall ensure that measures taken to control adequately the exposure of his employees to biological agents include, in particular, the most suitable combination of containment measures from those listed in Parts II and III as appropriate, taking into account–

(a) the nature of the activity specified in sub-paragraph (3);

(b) the minimum containment level specified in sub-paragraph (4);

(c) the risk assessment; and

(d) the nature of the biological agent concerned.

(2) An employer who is engaged in–

(a) any of the activities specified in sub-paragraph (3)(a) or (b) shall select measures from Part II;

(b) the activity specified in sub-paragraph (3)(c) shall select measures from Part III and, subject to sub-paragraph (4), when making that selection he may combine measures from different containment levels on the basis of a risk assessment related to any particular process or part of a process.

(3) The activities referred to in sub-paragraph (1) are–

(a) research, development, teaching or diagnostic work in laboratories which involves working with a Group 2, Group 3 or Group 4 biological agent or material containing such an agent;

(b) working with animals which have been deliberately infected with a Group 2, Group 3 or Group 4 biological agent or which are, or are suspected of being, naturally infected with such an agent; and

(c) industrial processes which involve working with a Group 2, Group 3 or Group 4 biological agent.

(4) Subject to sub-paragraph (5), the minimum containment level referred to in sub-paragraph (1) shall be–

(a) level 2 for activities which involve working with a Group 2 biological agent;

(b) level 3 for activities which involve working with a Group 3 biological agent;

(c) level 4 for activities which involve working with a Group 4 biological agent;

(d) level 2 for laboratories which do not intentionally propagate, concentrate or otherwise increase the risk of exposure to a biological agent but work with materials in respect of which it is unlikely that a Group 3 or Group 4 biological agent is present;

(e) level 3 or 4, where appropriate, for laboratories which do not intentionally propagate, concentrate or otherwise increase the risk of exposure to a Group 3 or Group 4 biological agent but where the employer knows, or it is likely, that such a containment level is necessary; and

(f) level 3 for activities where it has not been possible to carry out a conclusive assessment but where there is concern that the activity might involve a serious health risk for employees.

(5) The Executive may approve guidelines specifying the minimum containment measures which are to apply in any particular case.

(6) The Executive shall not approve any guidelines under paragraph (5) unless it is satisfied that the health of any person who is likely to be affected by the use of those guidelines will not be prejudiced.

List of employees exposed to certain biological agents

4.—(1) Subject to sub-paragraph (2), every employer shall keep a list of employees exposed to a Group 3 or Group 4 biological agent, indicating the type of work done and, where known, the biological agent to which they have been exposed, and records of exposures, accidents and incidents, as appropriate.

(2) Sub-paragraph (1) shall not apply where the results of the risk assessment indicate that–

(a) the activity does not involve a deliberate intention to work with or use that biological agent; and

(b) there is no significant risk to the health of employees associated with that biological agent.

(3) The employer shall ensure that the list or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.

(4) The relevant doctor referred to in regulation 11, and any employee of that employer with specific responsibility for the health and safety of his fellow employees, shall have access to the list.

(5) Each employee shall have access to the information on the list which relates to him personally.

Notification of the use of biological agents

5.—(1) Subject to sub-paragraphs (7) and (8), an employer shall not use for the first time one or more biological agents in Group 2, 3 or 4 at particular premises for any of the activities listed in paragraph 3(3) unless he has–

(a) notified the Executive in writing of his intention to do so at least 20 working days in advance, or such shorter period as the Executive may allow;

(b) furnished with that notification the particulars specified in sub-paragraph (5); and

(c) received the acknowledgement required by sub-paragraph (4).

(2) Subject to sub-paragraphs (7) and (9), an employer shall not use a biological agent which is specified in Part V, except where the use of that agent has been notified to the Executive in accordance with sub-paragraph (1), for any of the activities listed in paragraph 3(3) unless he has–

(a) notified the Executive in writing of his intention to do so at least 20 working days in advance, or such shorter period as the Executive may allow;

(b) furnished with that notification the particulars specified in sub-paragraph (5); and

(c) received the acknowledgement required by sub-paragraph (4).

(3) The Executive may accept a single notification under sub-paragraph (2) in respect of the use of more than one biological agent by the same person.

(4) Upon receipt of the notification required by sub-paragraph (1) or (2), the Executive shall, within 20 working days–

(a) send to the notifier an acknowledgement of receipt; or

(b) if the notification does not contain all of the particulars specified in sub-paragraph (5)–

(i) inform the notifier in writing of the further particulars required, and

(ii) within 10 working days of receipt of those further particulars, send to the notifier an acknowledgement of receipt.

(5) The particulars to be included in the notification referred to in sub-paragraphs (1) and (2) shall be–

(a) the name and address of the employer and the address of the premises where the biological agent will be stored or used;

(b) the name, qualifications and relevant experience of any employee of that employer with specific responsibility for the health and safety of his fellow employees;

(c) the results of the risk assessment;

(d) the identity of the biological agent and, if the agent does not have an approved classification, the Group to which the agent has been assigned; and

(e) the preventive and protective measures that are to be taken.

(6) Where there are changes to processes, procedures or the biological agent which are of importance to health or safety at work and which render the original notification invalid the employer shall notify the Executive forthwith in writing of those changes.

(7) Sub-paragraphs (1) and (2) shall not apply in relation to a biological agent where an intention to use that biological agent has been previously notified to the Executive in accordance with the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001(4).

(8) The requirement in sub-paragraph (1) to notify first use of a biological agent in Group 2 or 3 shall not apply to an employer whose only use of that agent is in relation to the provision of a diagnostic service provided that use will not involve a process likely to propagate, concentrate or otherwise increase the risk of exposure to that agent.

(9) The requirement in sub-paragraph (2) to notify use of a biological agent specified in Part V shall not apply to an employer whose only use of that agent is in relation to the provision of a diagnostic service provided that use will not involve a process likely to propagate, concentrate or otherwise increase the risk of exposure to that agent.

Notification of the consignment of biological agents

6.—(1) An employer shall not consign a Group 4 biological agent or anything containing, or suspected of containing, such an agent to any other premises, whether or not those premises are under his ownership or control, unless he has notified the Executive in writing of his intention to do so at least 30 days in advance or before such shorter time as the Executive may approve and with that notification has furnished the particulars specified in sub-paragraph (4).

(2) Sub-paragraph (1) shall not apply where–

(a) the biological agent or material containing or suspected of containing such an agent is being consigned solely for the purpose of diagnosis;

(b) material containing or suspected of containing the biological agent is being consigned solely for the purpose of disposal; or

(c) the biological agent is or is suspected of being present in a human patient or animal which is being transported for the purpose of medical treatment.

(3) Where a Group 4 biological agent is imported into Northern Ireland, the consignee shall give the notice required by sub-paragraph (1).

(4) The particulars to be included in the notification referred to in sub-paragraph (1) shall be–

(a) the identity of the biological agent and the volume of the consignment;

(b) the name of the consignor;

(c) the address of the premises from which it will be transported;

(d) the name of the consignee;

(e) the address of the premises to which it shall be transported;

(f) the name of the transport operator responsible for the transportation;

(g) the name of any individual who will accompany the consignment;

(h) the method of transportation;

(i) the packaging and any containment precautions which will be taken;

(j) the route which will be taken; and

(k) the proposed date of transportation.

PART II containment measures for health and veterinary care facilities, laboratories and animal rooms

Containment measures	Containment levels
	2	3	4
1.  The workplace is to be separated from any other activities in the same building.	No.	Yes.	Yes.
2.  Input air and extract air to the workplace are to be filtered using HEPA or equivalent.	No.	Yes, on extract air.	Yes, on input and double on extract air.
3.  Access is to be restricted to authorised persons only.	Yes.	Yes.	Yes, via air-lock key procedure.
4.  The workplace is to be sealable to permit disinfection.	No.	Yes.	Yes.
5.  Specified disinfection procedures.	Yes.	Yes.	Yes.
6.  The workplace is to be maintained at an air pressure negative to atmosphere.	No.	Yes.	Yes.
7.  Efficient vector control e.g. rodents and insects.	Yes, for animal containment.	Yes, for animal containment.	Yes.
8.  Surfaces impervious to water and easy to clean.	Yes, for bench.	Yes, for bench and floor (and walls for animal containment).	Yes for bench, floor, walls and ceiling.
9.  Surfaces resistant to acids, alkalis, solvents, disinfectants.	Yes, for bench.	Yes, for bench and floor (and walls for animal containment).	Yes, for bench, floor, walls and ceiling.
10.  Safe storage of biological agents.	Yes.	Yes.	Yes, secure storage.
11.  An observation window, or alternative, is to be present, so that occupants can be seen.	No.	Yes.	Yes.
12.  A laboratory is to contain its own equipment.	No.	Yes, so far as is reasonably practicable.	Yes.
13.  Infected material, including any animal, is to be handled in a safety cabinet or isolator or other suitable containment.	Yes, where aerosol produced.	Yes, where aerosol produced.	Yes.
14.  Incinerator for disposal of animal carcases.	Accessible.	Accessible.	Yes, on site.

PART III containment measures for industrial processes

Containment measures	Containment levels
	2	3	4
1.  Viable micro-organisms should be contained in a system which physically separates the process from the environment (closed system).	Yes.	Yes.	Yes.
2.  Exhaust gases from the closed system should be treated so as to–	minimise release.	prevent release.	prevent release.
3.  Sample collection, addition of materials to a closed system and transfer of viable micro-organisms to another closed system, should be performed so as to–	minimise release.	prevent release.	prevent release.
4.  Bulk culture fluids should not be removed from the closed system unless the viable micro-organisms have been–	inactivated by validated means.	inactivated by validated chemical or physical means.	inactivated by validated chemical or physical means.
5.  Seals should be designed so as to–	minimise release.	prevent release.	prevent release.
6.  Closed systems should be located within a controlled area–	Optional.	Optional.	Yes and purpose built.
(a) biohazard signs should be posted;	Optional.	Yes.	Yes.
(b) access should be restricted to nominated personnel only;	Optional.	Yes.	Yes, via air-lock.
(c) personnel should wear protective clothing;	Yes, work clothing.	Yes.	Yes, a complete change.
(d) decontamination and washing facilities should be provided for personnel;	Yes.	Yes.	Yes.
(e) personnel should shower before leaving the controlled area;	No.	Optional.	Yes.
(f) effluent from sinks and showers should be collected and inactivated before release;	No.	Optional.	Yes.
(g) the controlled area should be adequately ventilated to minimise air contamination;	Optional.	Optional.	Yes.
(h) the controlled area should be maintained at an air pressure negative to atmosphere;	No.	Optional.	Yes.
(i) input and extract air to the controlled area should be HEPA filtered;	No.	Optional.	Yes.
(j) the controlled area should be designed to contain spillage of the entire contents of closed system;	Optional.	Yes.	Yes.
(k) the controlled area should be sealable to permit fumigation.	No.	Optional.	Yes.
7.  Effluent treatment before final discharge.	Inactivated by validated means.	Inactivated by validated chemical or physical means.	Inactivated by validated physical means.

PART IV biohazard sign

The biohazard sign required by regulation 7(6)(a) shall be in the form shown below–

PART V biological agents whose use is to be notified in accordance with paragraph 5(2) of part i

Any Group 3 or 4 agent.

The following Group 2 agents–

• Bordetella pertussis;

• Corynebacterium diphtheriae;

• Neisseria meningitides.

Regulation 9(2)(a)

SCHEDULE 4 FREQUENCY OF THOROUGH EXAMINATION AND TEST OF LOCAL EXHAUST VENTILATION PLANT USED IN CERTAIN PROCESSES

Column 1	Column 2
Process	Minimum frequency
Processes in which blasting is carried out in or incidental to the cleaning of metal castings, in connection with their manufacture.	One month.
Processes, other than wet processes, in which metal articles (other than of gold, platinum or iridium) are ground, abraded or polished using mechanical power, in any room for more than twelve hours in any week.	Six months.
Processes giving off dust or fume in which non-ferrous metal castings are produced.	Six months.
Jute cloth manufacture.	One month.

Regulation 10(4)

SCHEDULE 5 SPECIFIC SUBSTANCES AND PROCESSES FOR WHICH MONITORING IS REQUIRED

Column 1	Column 2
Substance or process	Minimum frequency
Vinyl chloride monomer.	Continuous or in accordance with a procedure approved by the Executive.
Spray given off from vessels at which an electrolytic chromium process is carried on, except trivalent chromium.	Every fourteen days while the process is being carried on.

Regulation 11(2)(a) and (5)

SCHEDULE 6 MEDICAL SURVEILLANCE

Column 1	Column 2
Substances for which medical surveillance is appropriate	Process
Vinyl chloride monomer (VCM).	In manufacture, production, reclamation, storage, discharge, transport, use or polymerisation.
Nitro or amino derivatives of phenol and of benzene or its homologues.	In the manufacture of nitro or amino derivatives of phenol and of benzene or its homologues and the making of explosives with the use of any of these substances.
Potassium or sodium chromate or dichromate.	In manufacture.
Ortho-tolidine and its salts. Dianisidine and its salts. Dichlorobenzidine and its salts.	In manufacture, formation or use of these substances.
Auramine. Magenta.	In manufacture.
Carbon disulphide. Disulphur dichloride.
Benzene, including benzole. Carbon tetrachloride. Trichloroethylene.	Processes in which these substances are used, or given off as vapour, in the manufacture of indiarubber or of articles or goods made wholly or partially of indiarubber.
Pitch.	In manufacture of blocks of fuel consisting of coal, coal dust, coke or slurry with pitch as a binding substance.

Regulation 12(5)

SCHEDULE 7 LEGISLATION CONCERNED WITH THE LABELLING OF CONTAINERS AND PIPES

• Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 119);

• Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 (S.R. 1997 No. 247);

• Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 (S.R. 1997 No. 248);

• Carriage of Explosives by Road Regulations (Northern Ireland) 1997 (S.R. 1997 No. 474);

• Carriage of Dangerous Goods by Rail Regulations (Northern Ireland) 1998 (S.R. 1998 No. 131);

• Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 1998 (S.R. 1998 No. 132);

• Good Laboratory Practice Regulations 1999 (S.I. 1999/3106); and

• Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301).

Regulation 14(1)

SCHEDULE 8 FUMIGATIONS EXCEPTED FROM REGULATION 14

Column 1	Column 2
Fumigant	Nature of fumigation
Hydrogen cyanide.	Fumigations carried out for research.
	Fumigations in fumigation chambers.
	Fumigations in the open air to control or kill mammal pests.
Methyl bromide.	Fumigations carried out for research.
	Fumigations in fumigation chambers.
	Fumigations of soil outdoors under gas-proof sheeting where not more than 1000 kg of methyl bromide is used in any period of 24 hours on the premises.
	Fumigations of soil under gas-proof sheeting in glasshouses where not more than 500 kg of methyl bromide is used in any period of 24 hours on the premises.
	Fumigations of compost outdoors under gas-proof sheeting where not more than 10 kg of methyl bromide is used in any period of 24 hours on the premises.
	Fumigations under gas-proof sheeting inside structures other than glasshouses and mushroom houses where not more than 5 kg of methyl bromide is used in each structure during any period of 24 hours.
	Fumigations of soil or compost in mushroom houses where not more than 5 kg of methyl bromide is used in any one fumigation in any period of 24 hours.
	Fumigations of containers where not more than 5 kg of methyl bromide is used in any one fumigation in any period of 24 hours.
Phosphine.	Fumigations carried out for research.
	Fumigations in fumigation chambers.
	Fumigations under gas-proof sheeting inside structures where not more than 1 kg of phosphine in each structure is used in any period of 24 hours.
	Fumigations in containers where not more than 0·5 kg of phosphine is used in any one fumigation in any period of 24 hours.
	Fumigations in individual impermeable packages.
	Fumigations in the open air to control or kill mammal pests.

Regulation 14(2)

SCHEDULE 9 NOTIFICATION OF CERTAIN FUMIGATIONS

PART I persons to whom notifications must be made

1.  In the case of a fumigation to be carried out within the area of a harbour authority, advance notification of fumigation shall, for the purposes of regulation 14(2)(a), be given to–

(a) that authority;

(b) an inspector appointed under Article 21 of the 1978 Order, if that inspector so requires; and

(c) where the fumigation–

(i) is to be carried out on a sea-going ship, the Fire Authority for Northern Ireland and the officer in charge of the office of Her Majesty’s Customs and Excise at the harbour, or

(ii) is the space fumigation of a building, the Fire Authority for Northern Ireland.

2.  In the case of a fumigation, other than a fumigation to which paragraph (1) applies, advance notification of fumigation shall be given to–

(a) the sub-divisional commander of the Police Service of Northern Ireland for the sub-division in which the fumigation is to be carried out;

(b) an inspector appointed under Article 21 of the 1978 Order, if that inspector so requires; and

(c) where the fumigation is to be carried out on a sea-going ship or is the space fumigation of a building, the Fire Authority for Northern Ireland.

PART II information to be given in advance notice of fumigations

3.  The information to be given in a notification made for the purposes of regulation 14(2) shall include the following–

(a) the name, address and place of business of the fumigator and his telephone number;

(b) the name of the person requiring the fumigation to be carried out;

(c) the address and description of the premises where the fumigation is to be carried out;

(d) the date on which the fumigation is to be carried out and the estimated time of commencement and completion;

(e) the name of the operator in charge of the fumigation; and

(f) the fumigant to be used.

Regulation 17

SCHEDULE 10 PREMISES AND ACTIVITIES WITHIN THE TERRITORIAL SEA

Interpretation

1.—(1) In this Schedule–

“activity” includes a diving operation;

“designated area” means any area designated by Order under section 1(7) of the Continental Shelf Act 1964(5) and “within a designated area” includes over and under it;

“diving operation” has the same meaning as it has in the Diving Operations at Work Regulations (Northern Ireland) 1994(6) save that it includes an activity in which a person takes part as a diver wearing an atmospheric pressure suit and without breathing in air or other gas at a pressure greater than atmospheric pressure;

“energy structure” means a fixed or floating structure, other than a vessel, for producing energy from wind or water;

“offshore installation” shall be construed in accordance with paragraph 2(2) and (3);

“supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation;

“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 any 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) Any reference in this Schedule to premises and activities 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 shall apply to and in relation to–

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

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

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

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

(c) a diving operation involving–

(i) the survey and preparation of the sea bed for an offshore installation;

(ii) the survey and restoration of the sea bed consequent on the removal of 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,

together with any supplementary unit which is ordinarily connected to it, and all the connections.

(3) Any reference in sub-paragraph (2) to a structure or unit does not include–

(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 yet being moved with a view to its being used for any of the purposes specified in sub-paragraph (2); and

(e) any part of a pipeline.

Wells

3.—(1) Subject to sub-paragraph (2), this paragraph applies to and in relation to–

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

(b) an activity which is immediately preparatory to any activity in sub-paragraph (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 and in relation to–

(a) any pipeline;

(b) any pipeline works;

(c) the following activities in connection with pipeline works–

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

(ii) the loading, unloading, fuelling, repair and maintenance of an aircraft in 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 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, within the territorial sea adjacent to the United Kingdom, or within 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)

a diving operation 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 the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines

5.  This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.

Other activities

6.—(1) Subject to paragraph (2), this paragraph applies to and in relation to–

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

(b) the transfer of people or goods between a vessel or aircraft and a structure (including a building) mentioned in head (a);

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

(d) a diving operation;

(e) 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;

(f) 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) applies;

(g) the operation of a cable for transmitting electricity from an energy structure to shore;

(h) the transfer of people or goods between a vessel or aircraft and a structure mentioned in head (f).

(2) This paragraph shall not apply–

(a) to a case where paragraph 2, 3, 4 or 5 applies; or

(b) to vessels which are registered outside the United Kingdom and are on passage through the territorial sea.

(1)

S.I. 1996/2925

(2)

1968 c. 67

(3)

The order-making power conferred by sections 104 and 105 of the Medicines Act 1968 was extended as respects Northern Ireland by section 134 of, and Schedule 4 to, that Act

(4)

S.R. 2001 No. 295

(5)

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

(6)

S.R. 1994 No. 146