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The Dangerous Substances (Notification and Marking of Sites) Regulations 1990

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Interpretation

2.  (1)  In these Regulations unless the context otherwise requires–

“the 1984 Regulations” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984(1);

“classification” in relation to a dangerous substance (except in paragraph 1(c) of Schedule 1) means the classification for that substance ascertained in accordance with regulation 6 of the 1984 Regulations (whether or not the substance is required to be classified for the purposes of those Regulations);

“dangerous substance” means any substance which is dangerous for conveyance within the meaning of the 1984 Regulations, and any reference to “dangerous substances” (except in Regulation 6(5)) includes a reference to one dangerous substance;

“the Executive” means the Health and Safety Executive;

“fire authority” in relation to any site means the authority discharging in the area in which the site is situated the functions of fire authority under the Fire Services Act 1947(2);

“Part I of BS 5378” means British Standard number BS 5378: Part 1 1980 entitled “Safety Signs and Colours Part 1. Specification for colour and design” issued by the British Standards Institution, as published on 31 July 1980;

“site” means–

(a)

the whole of an area of land under the control of a person and includes a pier, jetty or similar structure whether floating or not; or

(b)

a structure, whether floating or not, which is within the inland waters of Great Britain and which is under the control of a person.

(2) Any reference in these Regulations to the person in control of a site is a reference to the person having such control in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

(3) For the purposes of these Regulations, in determining the total quantity of dangerous substances present at a site account shall be taken of any quantity of such substances which are in any vehicle, vessel, aircraft or hovercraft under the control of the person in control of the site which is used for storage purposes at the site; but no account shall be taken of any dangerous substances which are in a vehicle, vessel, aircraft or hovercraft used for transporting them or in the fuel tank of a vehicle, vessel, aircraft or hovercraft.

(4) In these Regulations, unless the context otherwise requires, any reference to–

(a)a numbered regulation or Schedule is a reference to the Regulation or Schedule in these Regulations so numbered; and

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.

(1)

S.I. 1984/1244, amended by S.I. 1986/1922, 1988/766 and 1989/2208.

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