The REACH Enforcement Regulations 2008

PART 1 Definitions

1.  For the purposes of this Schedule—

(a) “agricultural activities”—

(i) includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use;

(ii) does not include such activities at a garden centre or other shop.

but “livestock breeding and keeping” does not include activities the main purpose of which is entertainment.

(b) “common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;

(c) “consumer services” means services of a type ordinarily supplied to persons who receive them otherwise than in the course of a trade, business or other undertaking carried on by them (whether for profit or not);

(d) “dock premises” has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 2(1) of the Docks Regulations 1988(1);

(ii) in relation to Northern Ireland, regulation 2(1) of the Docks Regulations (Northern Ireland) 1989(2);

(e) “electricity system” does not include—

(i) in relation to Great Britain, the consumer’s installation within the meaning of regulation 3(1) of the Electricity Safety, Quality and Continuity Regulations 2002(3);

(ii) in relation to Northern Ireland, the electric lines situated upon the consumer’s side of the supply terminals together with any apparatus permanently connected or intended to be permanently connected thereto;

(iii) the electric lines situated upon the consumer’s side of the supply terminals together with any apparatus or equipment permanently connected or intended to be permanently connected thereto;

(f) “the Executive” means—

(i) in Great Britain, the Health and Safety Executive;

(ii) in Northern Ireland, the Health and Safety Executive for Northern Ireland;

(g) “fairground” means such part of premises as is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment, swimming pool slide, go-kart, or plant designed to be used by members of the public for entertainment purposes for bouncing upon;

(h) “gas” has the meaning assigned to it by—

(i) in relation to Great Britain, section 48 of the Gas Act 1986(4);

(ii) in relation to Northern Ireland, Part III of the Gas (Northern Ireland) Order 1996(5);

(i) “gas fitting” has the meaning assigned to it by—

(i) in relation to Great Britain, section 48 of the Gas Act 1986;

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997(6);

(j) “guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—

(i) travel along roads; and

(ii) are guided (whether while on the road or at other times) by means of—

(aa) apparatus, a structure or other device which is fixed and not part of the bus; or

(bb) a guidance system which is automatic.

(k) “guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of—

(i) rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or

(ii) a guidance system which is automatic,

and for this purpose “vehicle” includes a mobile traction unit.

(l) “livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;

(m) “mine” has the meaning assigned to it by—

(i) in relation to Great Britain, section 180 of the Mines and Quarries Act 1954(7) but, notwithstanding subsection (5) of that section, does not include any railway serving the mine unless and to the extent that the railway is located within the curtilage of the mine;

(ii) in relation to Northern Ireland, section 156(1) of the Mines Act (Northern Ireland) 1969(8);

(n) “office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;

(o) “pleasure craft” has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 2(1) of the Docks Regulations 1988;

(ii) in relation to Northern Ireland, regulation 2(1) of the Docks Regulations (Northern Ireland) 1989;

(p) “preparation dangerous for supply” means a preparation which is in one or more of the categories of danger—

(i) in relation to Great Britain, in Schedule 1 to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(9);

(ii) in relation to Northern Ireland, in Schedule 1 to the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(10).

(q) “quarry” has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 3 of the Quarries Regulations 1999(11);

(ii) in relation to Northern Ireland, regulation 3 of the Quarries Regulations (Northern Ireland) 2006(12);

(r) “railway” means—

(i) except in Northern Ireland, any system of transport the operation of which is specified in regulation 3(2) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006(13);

(ii) in relation to Northern Ireland, any railway or tramway which in either case is used for the carriage of persons or goods;

(s) “road”—

(i) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;

(ii) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984(14);

(t) “trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);

(u) “veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 1966(15);

(v) “work” in relation to a gas fitting has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 2(1) of the Gas Safety (Installation and Use) Regulations 1998(16);

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997(17);

(w) “zoo” has the meaning assigned to it in relation to Great Britain by section 1(2) of the Zoo Licensing Act 1981(18);

(x) “zoological establishment” has the meaning assigned to it in relation to Northern Ireland, by section 12(1) of the Welfare of Animals Act (Northern Ireland) 1972(19).

(1)

S.I. 1988/1655.

(2)

S.R. (NI) 1989 No 320.

(3)

S.I. 2002/2665.

(4)

1986 c.44.

(5)

1996 No. 275 (N.I. 2).

(6)

S.R. (NI) 1997 No 194.

(7)

1954 c.70.

(8)

1969 c.6.

(9)

S.I. 2002/1689 to which there are amendments not relevant to these Regulations.

(10)

S.R. (NI) 2002 No 301 to which there are amendments not relevant to these Regulations.

(11)

S.I. 1999/2024 to which there are amendments not relevant to these Regulations.

(12)

S.R. (NI) 2006 No 205.

(13)

S.I. 2006/557 to which there are amendments not relevant to these Regulations.

(14)

1984 c.54.

(15)

1966 c.36.

(16)

S.I. 1998/2451.

(17)

S.R. (NI) 1997 No 194.

(18)

1981 c.37.

(19)

1972 c.7 (N.I.); section 12(1) was amended by S.I. 1994/1891 (N.I. 6) article 14.