The Biocidal Products (Amendment) Regulations 2007

Statutory Instruments

2007 No. 293

HEALTH AND SAFETY

The Biocidal Products (Amendment) Regulations 2007

Made

6th February 2007

Laid before Parliament

9th February 2007

Coming into force

6th April 2007

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) in relation to biocides.

The Secretary of State makes these Regulations—

(a) in exercise of the powers conferred on him by section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act; and sections 15(1), (2), and (8), and 82(3)(a) of, and paragraphs 1(1)(b) and (c), (4) and (5), 4(1), 13(1), 15(1) and 16 of Schedule 3 to the Health and Safety at Work Act 1974(2) (“the 1974 Act”), and

(b) for the purpose of giving effect to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act.

Before submitting proposals for these Regulations to the Secretary of State, the Health and Safety Commission has consulted the bodies that appeared to it to be appropriate, as required by section 50(3) of the 1974 Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references in the Biocidal Products Regulations 2001(3) to Directive 98/8/EC of the European Parliament and the Council(4), Commission Regulation (EC) No.1896/2000(5) and Commission Regulation (EC) No.2032/2003(6) to be construed as references to those instruments as amended from time to time.

(1)

1972 c.68; Schedule 2 was amended by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51). As regards Scotland, see also section 57(1) of the Scotland Act 1998 (c.46) which provides that, despite the transfer to the Scottish Ministers by virtue of section 53 of that Act of functions in relation to observing and implementing Community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes of section 2(2) of the European Communities Act 1972.

(2)

1974 c.37; sections 15(1) and 50(3) were amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraphs 6 and 16 respectively. Section 15(1) was also amended by S.I. 2002/794, art 5(2), Schedule 2. Section 50(3) was also amended by the Health Protection Agency Act 2004 (c.17), section 11(1), Schedule 3, paragraph 5.

(3)

S.I. 2001/880, amended by S.I. 2003/429 and 2005/2451.

(4)

OJ No. L123, 24.4.98, p.1.

(5)

OJ No. L228, 8.9.2000, p. 6.

(6)

OJ No. L307, 24.11.2003, p.1.