The REACH Enforcement Regulations 2008

Interpretation

2.—(1) In these Regulations—

“a listed REACH provision” means a provision of REACH listed in the REACH table;

“REACH” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals(1);

“the REACH table” means the table in Schedule 1 to these Regulations.

(2) In these Regulations—

“authorised person” means a person authorised by an enforcing authority under regulation 10;

“competent authority” has the same meaning it has in REACH and in respect of the United Kingdom the authorities are—

(a)

in England, the Secretary of State;

(b)

in Scotland, the Scottish Ministers;

(c)

in Wales, the Welsh Ministers;

(d)

in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly; and

(e)

in relation to matters outside the competence of a devolved administration or the Assembly, the Secretary of State(2);

“devolved administration or the Assembly” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;

“enforcement duty” means a duty placed on an enforcing authority under regulation 3;

“enforcing authority” means—

(a)

the Department of the Environment;

(b)

the Environment Agency;

(c)

the Health and Safety Executive;

(d)

the Health and Safety Executive for Northern Ireland;

(e)

a local (consumer safety) authority;

(f)

a local (health and safety) authority;

(g)

the Scottish Environment Protection Agency;

(h)

the Secretary of State;

“a local (consumer safety) authority” means—

(a)

in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

(b)

in England outside Greater London, a county council or, in relation to an area for which there is a district council but no county council, the district council, and the Council of the Isles of Scilly;

(c)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972(3);

(d)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(4);

(e)

in Wales, a county council or county borough council;

“a local (health and safety) authority” means—

(a)

in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

(b)

in England, outside Greater London, a district council or, in relation to an area for which there is a county council but no district council, the county council, and the Council of the Isles of Scilly;

(c)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;

(d)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(e)

in Wales, a county council or county borough council;

“offshore installation” has the meaning given in section 44(1) of the Petroleum Act 1998(5) and “relevant waters” in relation to such an installation has the meaning given in section 44(4) of that Act;

“Scottish controlled waters” means any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974(6), and in these Regulations, “Scotland” includes such waters.

(3) Other expressions used in these Regulations which are used in REACH have the meaning they bear in REACH.

(1)

OJ No L 396, 30.12.2006, p1.

(2)

The appointment of the competent authorities, except in relation to Scotland, was made under S.I. 2007/1742. By administrative arrangements, the competent authorities have delegated the Health and Safety Executive to act on their behalf.

(3)

1972 c.9 as amended by S.I. 1985/454.

(4)

1994 c.39.

(5)

1998 c.17.

(6)

1974 c.40.; section 30A was inserted by section 169 and Schedule 23, paragraph 4 of the Water Act 1989 (c. 15).