The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 1332

health and safety

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2007

Made

25th April 2007

Laid before Parliament

1st May 2007

Coming into force

23rd May 2007

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

He has been designated for the purposes of section 2(2) in relation to measures relating to the transport of dangerous or environmentally hazardous goods by road or rail(2).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2007 and shall come into force on 23rd May 2007.

(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 2002

2.—(1) The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002(3) shall be amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the word “and” after sub-paragraphs (n), (o) and (q);

(b) substitute a semicolon for the full stop at the end of sub-paragraph (r); and

(c) after sub-paragraph (r) add—

“(s) Commission Directive 2006/89/EC adapting for the sixth 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 road(4); and

(t) Commission Directive 2006/90/EC adapting for the seventh 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 rail(5); and”

Signed by authority of the Secretary of State

S.J. Ladyman

Minister of State

Department for Transport

25th April 2007

EXPLANATORY NOTE

(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 Commission Directives 2006/89/EC (O.J. No. L305, 4.11.2006, p. 4) and 2006/90/EC (O.J. No. L305, 4.11.2006, p.6) so that regulations can be made under section 15 of the 1974 Act to implement these Directives.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51).

(2)

S.I. 1996/266.

(3)

S.I. 2002/282, amended by S.I. 2004/463 and 2005/1308.

(4)

OJ No. L305, 4.11.2006, p. 4.

(5)

OJ No. L305, 4.11.2006, p.6.