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The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009

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The Health and Safety (Enforcing Authority) Regulations 1998

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2.—(1) The Health and Safety (Enforcing Authority) Regulations 1998(1) are amended as follows.

(2) In regulation 4 —

(a)in paragraph (8), after “manufacture”, add “and storage”;

(b)in paragraph (9), at the beginning insert “Except as provided in paragraph (9A),”;

(c)after paragraph (9), insert —

“(9A) (9A) The Executive shall be the enforcing authority for regulation 25 of the 2005 Regulations for a site in relation to which it has granted a person a licence for the manufacture or storage of explosives under regulation 13 of the 2005 Regulations or registered a person in respect of such storage under regulation 11 of those Regulations.

(9B) A licensing authority shall be the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999(2) in relation to any manufacture or storage of explosives for which it is the enforcing authority by virtue of paragraph (7).”;

(d)in paragraph (11), omit “local authority”; and

(e)after paragraph (11), insert —

“(12) In paragraph (9) and sub-paragraph (a) of paragraph (10), “local authority” has the same meaning as it is given by regulation 2(1) of the 2005 Regulations.”.

(1)

S.I 1998/494, amended by S.I. 2005/1082 and 2007/2598; there are other amending instruments but none is relevant.

(2)

S.I. 1999/3242, to which there are amendments not relevant to these Regulations.

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