The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013

Statutory Rules of Northern Ireland

2013 No. 206

Health And Safety

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013

Made

2nd August 2013

Coming into operation

1st September 2013

The Department of Enterprise Trade and Investment (“the Department”) M1 , is designated for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) M2 in relation to—

(a)

the notification and control of substances and to measures relating to biocides M3 ;

(b)

the regulation and control of classification, packaging and labelling of dangerous substances and preparations and for measures relating to consumer protection M4 .

The Department, being the Department concerned M5 makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act M6 and Articles 17(1) to (6) M7 and 55(2) of, and paragraphs 1(1) and (4), 3(1), 5, 12(1) and 14(1) of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978 M8 (“the 1978 Order”).

The Regulations give effect without modifications to proposals submitted to the Department by the Health and Safety Executive for Northern Ireland under Article 13(1A) M9 of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3) M10 of the 1978 Order.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for references in these Regulations to—

(a)

Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 M11 concerning the making available on the market and use of biocidal products to be construed as including references to Annexes I to IV of that Regulation as those Annexes are amended from time to time; and

(b)

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 M12 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, to be construed as including references to Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII of that Regulation as those Articles and Annexes are amended from time to time.

Marginal Citations

M1 Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I.11), Article 3

M2 1972 c.68

M3 S.I. 1981/1536 for the designation in relation to the notification and control of substances and S.I. 1999/2788 in relation to measures relating to biocides

M4 S.I. 1976/897 for the designation in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations and S.I. 1993/2661 in relation to measures relating to consumer protection

M5 See Article 2(2) of S.I. 1978/1039 (N.I. 9)

M6 1972 c.68; paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51)

M7 Article 17 shall be read with S.I. 1992/1728 (N.I.17), Articles 3(2) and 4(2)

M8 S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19

M9 Article 13(1A) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

M10 Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18 and the Health Protection Agency Act 2004 (c.17), section 11 and Schedule 3 paragraph 10

M11 OJ No L167, 27.06.12, p1

M12 OJ No L353, 31.12.08, p1