The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015

Statutory Instruments

2015 No. 21

Health And Safety

The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015

Made

12th January 2015

Laid before Parliament

19th January 2015

Coming into force in accordance with regulation 1(2) and (3)

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—

(a) the regulation and control of classification, packaging and labelling of dangerous substances and preparations(2); and

(b) measures relating to the safety of ships and the health and safety of persons on them(3).

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A(4) of Schedule 2 to, the 1972 Act, sections 15(1), (2), 80(1) and 82(3)(a) of the Health and Safety at Work etc. Act 1974(5) (“the 1974 Act”) and sections 55(2), 85(1), (3), (5) to (7) and 86(1) of the Merchant Shipping Act 1995(6) and having consulted the persons referred to in section 86(4) of that 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 the references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

These Regulations, apart from the modifications referred to in the next paragraphs, give effect without modifications to proposals submitted by the Health and Safety Executive under section 11(3)(7) of the 1974 Act after carrying out consultation in accordance with section 50(3)(8) of that Act.

It appears to the Secretary of State that the modifications made by regulations 17, 18(2)(a) and (c) and 19 are expedient as set out in section 80(1) of the 1974 Act.

It also appears to the Secretary of State not to be appropriate to consult bodies in respect of those modifications in accordance with section 80(4) of the 1974 Act(9).

(1)

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

(2)

S.I. 1976/897; to which there are amendments not relevant to these Regulations.

(3)

S.I. 1993/595; to which there are amendments not relevant to these Regulations.

(4)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

(5)

1974 c.37; section 15(1) was substituted by paragraph 6 of Schedule 15 to the Employment Protection Act 1975 (c.71) and amended by S.I. 2002/794.

(6)

1995 c.21. Section 55(2) was amended by S.I. 2002/2125. Sections 85 and 86 were amended by section 8 of, and Schedule 7 to, the Merchant Shipping and Maritime Security Act 1997 (c.28) and section 2(3) of the British Overseas Territories Act 2002 (c.8).

(7)

Section 11 was substituted by S.I. 2008/960 and amended by paragraph 2 of Schedule 12 to the Energy Act 2013 (c.32).

(8)

Section 50(3) was amended by paragraph 16(3) of Schedule 15 to the Employment Protection Act 1975 (c.71); it was further amended by paragraph 6 of Schedule 7 to the Health and Social Care Act 2012 (c.7), paragraph 11 of Schedule 12 to the Energy Act 2013 (c.32) and S.I. 2008/960.

(9)

Section 80(4) was amended by S.I. 2002/794.