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The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013

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Statutory Instruments

2013 No. 448

Health And Safety

The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013

Made

27th February 2013

Laid before Parliament

4th March 2013

Coming into force

6th April 2013

The Secretary of State makes these Regulations—

(a)

in exercise of the powers conferred by sections 15(1) and (3)(a) and 49(1) and (4) of the Health and Safety at Work etc. Act 1974(1) (“the 1974 Act”); and

(b)

for the purpose of giving effect without modification to proposals submitted by the Health and Safety Executive under section 11(3) of the 1974 Act, the Executive having carried out consultations in accordance with section 50(3) of the 1974 Act.

Citation and commencement

1.  These Regulations may be cited as the Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013 and come into force on 6th April 2013.

Repeals and revocations

2.—(1) The primary legislation referred to in column 1 of Tables 1 and 3 of the Schedule is repealed to the extent specified in the corresponding entry in column 3 of those tables.

(2) The instruments referred to in column 1 of Tables 2 and 4 of the Schedule are revoked to the extent specified in the corresponding entry in column 3 of those tables.

Consequential amendments to the Dangerous Substances (Notification and Marking of Sites) Regulations 1990

3.—(1) The Dangerous Substances (Notification and Marking of Sites) Regulations 1990(2) are amended as follows.

(2) In regulation 2(1), before the definition of “site” insert—

“relevant ammonium nitrate mixtures” means ammonium nitrate and mixtures containing ammonium nitrate where the nitrogen content exceeds 15.75% of the mixture by weight;.

(3) In regulation 2(3)—

(i)after the words “the total quantity of dangerous substances” insert “or relevant ammonium nitrate mixtures”;

(ii)for “such substances” substitute “dangerous substances or relevant ammonium nitrate mixtures”; and

(iii)after “any dangerous substances” insert “or relevant ammonium nitrate mixtures”.

(4) After regulation 4(3), insert—

(4) The person in control of a site shall ensure that there is not present at any one time a total quantity of 150 tonnes or more of relevant ammonium nitrate mixtures at the site unless there has been notified in writing to the fire authority the particulars specified in Part I of Schedule 2.

(5) Where a notification has been made under paragraph (4) and a change specified in Part II of Schedule 2 takes place, the person in control of the site shall forthwith notify that change in writing to the fire authority.

(6) Where a change specified in paragraph 1 or 2 of Part II of Schedule 2 has been notified under paragraph (5), any resumption in the presence of a total quantity of 150 tonnes or more of relevant ammonium nitrate mixtures at the site shall be subject to a fresh notification under paragraph (4)..

(5) In regulation 8(a), for “regulation 4”, substitute “regulation 4(1) and 4(2)”.

(6) In regulation 10, after paragraph (2), add—

(3) Where a notification in respect of relevant ammonium nitrate mixtures has been made to the Executive on or after 6th April 2013 and on or before 6th May 2013 as if that notification were being made pursuant to regulation 3 of the Notification of Installations Handling Hazardous Substances Regulations 1982 as that regulation was in force immediately before the coming into force of regulation 3 of the Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013, that notification is deemed to be a notification to the fire authority pursuant to regulation 4 of these Regulations..

(7) In the heading of Part I of Schedule 2, after “4(1)” add “AND (4)”.

(8) After paragraph 4 of Part I of Schedule 2, insert—

4A.  The total quantity of relevant ammonium nitrate mixtures which is, or is liable to be, present..

(9) After paragraph 5 of Part I of Schedule 2, add—

6.  The date on which it is anticipated that a total quantity of 150 tonnes or more of relevant ammonium nitrate mixtures will be present, or if they are already present, a statement to that effect..

(10) In the heading of Part II of Schedule 2, after “4(2)” add “AND (5)”.

(11) In paragraph 1 of Part II of Schedule 2, after “substances” insert “or relevant ammonium nitrate mixtures”.

(12) For paragraph 2 of Part II of Schedule 2, substitute—

2.  The reduction of the total quantity of dangerous substances present to below 25 tonnes, other than a temporary reduction, or the reduction of the total quantity of relevant ammonium nitrate mixtures to below 150 tonnes, other than a temporary reduction..

Consequential amendments to the Workplace (Health, Safety and Welfare) Regulations 1992

4.—(1) The Workplace (Health, Safety and Welfare) Regulations 1992(3) are amended as follows.

(2) For regulation 3(1)(a) substitute—

(a)a workplace which is or is in or on a ship, save that regulations 8(1) and (3) and 12(1) and (3) apply to such a workplace where the work involves any of the relevant operations in—

(i)a shipyard, whether or not the shipyard forms part of a harbour or wet dock; or

(ii)dock premises, not being work done—

(aa)by the master or crew of a ship;

(bb)on board a ship during a trial run;

(cc)for the purpose of raising or removing a ship which is sunk or stranded; or

(dd)on a ship which is not under command, for the purpose of bringing it under command;.

(3) After regulation 3(5), add—

(6) For the purposes of this regulation—

(a)“dock premises” means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities;

(b)“relevant operations” means, in relation to a ship, its repairing, refitting, painting and finishing, the scaling, scurfing or cleaning of its boilers (including combustion chambers or smoke boxes) and the cleaning of its bilges or oil-fuel tanks or any of its tanks last used for carrying oil;

(c)“ship” includes all vessels and hovercraft which operate on water or land and water;

(d)“shipyard” means any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished; and

(e)“vessel” means any description of craft used for the transport of goods or passengers or the storage of goods or the accommodation of passengers on water, whether used in navigation or not..

Signed by authority of the Secretary of State for Work and Pensions

Mark Hoban

Minister of State

Department for Work and Pensions

27th February 2013

Regulation 2

SCHEDULE

Table 1

Repeals

Column 1

Column 2Column 3
Short titleChapter

Extent of repeal

The Celluloid and Cinematograph Film Act 1922

c. 35The whole Act

The Factories Act 1961

c. 34Section 39(2)

Table 2

Revocations

Column 1

Column 2Column 3
Title Reference

Extent of revocation

The Gasholders (Record of Examinations) Order 1938

1938/598

The whole Order

The Shipbuilding and Ship-repairing Regulations 1960

1960/1932The whole Regulations

The Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations 1974

1974/1841The whole Regulations

The Celluloid and Cinematograph Film Act 1922 (Exemptions) Regulations 1980

1980/1314The whole Regulations

The Gasholders and Steam Boilers Regulations (Metrication) Regulations 1981

1981/687The whole Regulations

The Locomotives etc. Regulations 1906 (Metrication) Regulations 1981

1981/1327The whole Regulations

The Notification of Installations Handling Hazardous Substances Regulations 1982

1982/1357The whole Regulations

The Docks, Shipbuilding etc. (Metrication) Regulations 1983

1983/644The whole Regulations

The Construction (Head Protection) Regulations 1989

1989/2209

The whole Regulations

The Notification of Installations Handling Hazardous Substances (Amendment) Regulations 2002

2002/2979The whole Regulations

The Notification of Conventional Tower Cranes Regulations 2010

2010/333The whole Regulations

The Notification of Conventional Tower Cranes (Amendment) Regulations 2010

2010/811The whole Regulations

Table 3

Consequential repeals

Column 1

Column 2

Column 3

Short title

Chapter

Extent of repeal

The Petroleum (Consolidation) Act 1928c. 32

Section 25A(1)(b)

The Health and Safety at Work etc. Act 1974c. 37In Schedule 1 the entry relating to the Celluloid and Cinematograph Film Act 1922

Table 4

Consequential revocations

Column 1

Column 2Column 3
TitleReference

Extent of revocation

The Petroleum-Spirit (Motor Vehicles, &c.) Regulations 1929

1929/952Regulation 15A(b)

The Petroleum (Consolidation) Act 1928 (Enforcement) Regulations 1979

1979/427Regulation 2(4)(c)

The Petroleum-Spirit (Plastic Containers) Regulations 1982

1982/630Regulation 8(b)

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

1990/304Paragraph 2(a) of Schedule 1

The Personal Protective Equipment at Work Regulations 1992

1992/2966

Regulation 3(3)(f);

Paragraphs 5, 23, 24, 25 of Schedule 2

The Pipelines Safety Regulations 1996

1996/825Part II of Schedule 6
The Provision and Use of Work Equipment Regulations 19981998/2306

Regulation 12(5)(e)

The Lifting Operations and Lifting Equipment Regulations 1998

1998/2307

Regulations 9(7)(b) and 13;

The entry relating to the Shipbuilding and Ship-repairing Regulations 1960 in Schedule 2

The Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 2009

2009/605Regulation 4(1)
The Health and Safety (Fees) Regulations 20122012/1652Regulation 21 and Schedule 16

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make repeals, revocations and amendments to legislation relating to Health and Safety using powers under the Health and Safety at Work Etc. Act 1974 (“the 1974 Act”).

Much of the legislation that is being removed is old, and many of the working practices that it contains are covered by more recent legislation, including that which has been transposed from directives emanating from the European Union.

Regulation 2 introduces the Schedule. Tables 1 and 2 contain repeals and revocations respectively that were the subject of a consultation which was carried out in accordance with section 50(3) of the 1974 Act. Tables 3 and 4 contain repeals and revocations respectively that are amendments consequential to those in Tables 1 and 2.

The main repeal of primary legislation is of the Celluloid and Cinematograph Film Act 1922. The Act contained provision for the regulation of the storage of Raw Celluloid and Cinematographic film, substances which were manufactured in much greater quantity when the Act came into force.

As a consequence of the revocation of the Construction (Head Protection) Regulations 1989 and regulation 3(3)(f) of the Personal Protective Equipment at Work Regulations 1992, all of the provisions of the latter apply to the regulation of the wearing of suitable head protection by persons engaged in construction work.

Regulation 3 makes amendments to the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (“the 1990 Regulations”) as a consequence of the revocation of the Notification of Installations Handling Hazardous Substances Regulations 1982 as amended. The 1990 Regulations are amended to bring Ammonium Nitrate and mixtures containing Ammonium Nitrate where the nitrogen content exceeds 15.75% of the mixture by weight above a prescribed quantity within the ambit of the 1990 Regulations’ notification regime. The amendment to the 1990 Regulations requires that dutyholders notify the fire and rescue services where such substances are kept on their premises.

Regulation 4 makes amendments to the Workplace (Health, Safety and Welfare) Regulations 1992 as a consequence of the revocation of the Shipbuilding and Ship-repairing Regulations 1960 (“the 1960 Regulations”). The effect of two regulations from the 1960 Regulations is retained by the consequential amendment so that the requirement for dutyholders to provide adequate lighting and safe access for workers on ships that are in a shipyard or harbour for the purposes of construction, repair or maintenance activities is preserved.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

(1)

1974 c. 37; section 11 is substituted by S.I. 2008/960, sections 15(1), 49(4) and 50(3) are amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively and section 50(3) is further amended by the Health Protection Agency Act 2004 (c. 17), Schedule 3, paragraph 5(1) and (3) and by S.I. 2008/960.

(2)

S.I. 1990/304, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1992/3004 amended by S.I. 1995/2036 and 2007/320; there are other amending instruments, but none is relevant.

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