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The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011

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Statutory Instruments

2011 No. 1885

Health And Safety

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011

Made

26th September 2011

Laid before Parliament

29th September 2011

Coming into force

24th October 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

(a)sections 15(1) to (5), (8) and (9), 43(2) to (6) and 82(3)(a) of, and paragraphs 1, 2(1), 3, 4(1), 6, 8, 9, 13, 15, 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) (“the 1974 Act”); and

(b)to the extent necessary to amend the Pyrotechnic Articles (Safety) Regulations 2010(2), section 2(2) of the European Communities Act 1972(3) (“the 1972 Act”).

The Secretary of State is a Minister designated(4) for the purposes of the 1972 Act in relation to pyrotechnic articles.

In accordance with section 50(1) and (1AA) of the 1974 Act(5) the Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate.

In accordance with paragraph 2(7) of Schedule 3 to the Railways Act 2005(6) the Secretary of State has consulted the Office of Rail Regulation.

(1)

1974 c.37; section 1(1)(c) was modified by the Health and Safety at Work etc. Act (Application to Environmentally Hazardous Substances) Regulations 2002 (S.I. 2002/282) to enable regulations to be made for environmentally hazardous substances, and has been amended by the following relevant S.I.s: 2004/463, 2005/1308, 2007/1332 and 2009/318. Section 15(1) was amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 6.

(2)

S. I. 2010/1554.

(3)

1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7), Schedule Part 1.

(4)

S. I. 2009/2743.

(5)

Articles 3 and 16(1) and (2) of the Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960) substituted a new version of section 50(1) for the previous version and inserted section 50(1AA). The extent of the requirement to consult pursuant to section 50(1) was narrowed by the insertion of section 50(1A) into the Health and Safety at Work etc. Act 1974 by the Railways Act 2005 (“the 2005 Act”) (c.14), Schedule 3, paragraph 13.

(6)

2005 c.14; the meaning of “railway safety purposes” under Schedule 3 of the 2005 Act which is relevant to the obligation to consult was amended by the Railways Act 2005 (Amendment) Regulations 2006 (S.I. 2006/556).

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