2004 No. 463
HEALTH AND SAFETY

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2004

Made
Laid before Parliament
Coming into force
The Secretary of State, being the Minister designated1 for the purpose of section 2(2) of the European Communities Act 19722 in relation to measures relating to the transport of dangerous or environmentally hazardous goods by road, rail or water, in the exercise of the powers conferred upon him by the said section 2(2)3 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Health and Safety etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2004 and shall come into force on 25th March 2004.

(2)

These Regulations do not extend to Northern Ireland.

Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 20022.

(1)

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 20024 shall be amended as follows.

(2)

In regulation 2 (interpretation), in the definition of “the Directives”—

(a)

after sub-paragraph (f) insert—

“(fa)

Directive 1999/45/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations5;”;

(b)

after sub-paragraph (h) insert—

“(ha)

Directive 2000/18/EC of the European Parliament and of the Council on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway6;”;

(c)

at the end of sub-paragraphs (k) and (l) omit the word “and”;

(d)

after sub-paragraph (l) insert—

“(m)

Commission Directive 2001/60/EC adapting to technical progress Directive 1999/45/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations7;

(n)

Commission Directive 2003/28/EC adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road8; and

(o)

Commission Directive 2003/29/EC adapting for the fourth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail9; and”.

Signed by authority of the Secretary of State

David Jamieson
Parliamentary Under Secretary of State
Department for Transport
(This note is not part of the Regulations)

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 (“the 2002 Regulations”) extend the reference to dangerous substances in section 1(1)(c) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) to include environmentally hazardous substances. The purpose of the 2002 Regulations is to enable regulations to be made under section 15 of the 1974 Act to implement the Directives referred to in regulation 2 of the 2002 Regulations.

These Regulations amend regulation 2 of the 2002 Regulations to add references to Directives 1999/45/EC and 2000/18/EC and Commission Directives 2003/28/EC and 2003/29/EC so that Regulations can be made under section 15 of the 1974 Act to implement these Directives.