The REACH Enforcement Regulations 2008

1.  Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority in relation to— U.K.

(a) any activity in a mine or quarry other than a quarry in respect of which notice of abandonment has been given—

(i) in relation to Great Britain, under regulation 45(1) of the Quarries Regulations 1999;

(ii) in relation to Northern Ireland, under regulation 39(1) of the Quarries Regulations (Northern Ireland) 2006;

(b) any activity in a fairground;

(c) any activity in premises occupied by a radio, television or film undertaking in which the activity of broadcasting, recording or filming is carried on, and the activity of broadcasting, recording or filming wherever carried on, and for this purpose “film” includes video;

(d) construction work if—

(i) the project which includes the work is notifiable within the meaning of—

(aa) in relation to Great Britain, regulation [F1 6(1)] of the Construction (Design and Management) Regulations [F1 2015];

(bb) in relation to Northern Ireland, regulation 2(3) of the [F2 Construction (Design and Management) Regulations (Northern Ireland) 2016].

(ii) the whole or part of the work contracted to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure;

(iii) it is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them.

(e) the installation, maintenance or repair of any gas system, or any work in relation to a gas fitting;

(f) the installation, maintenance or repair of electricity systems;

(g) work with ionising radiations except work in one or more of the categories set out—

(i) in relation to Great Britain, in Schedule 1 to [F3 the Ionising Radiations Regulations 2017];

(ii) in relation to Northern Ireland, in Schedule 1 to [F4 the Ionising Radiations Regulations (Northern Ireland) 2017];

(h) the use of ionising radiations for medical exposure;

(i) any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations;

(j) in relation to Northern Ireland, any activity involving genetic modification within the meaning of regulation 2(1) of [F5 the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015];

(k) agricultural activities, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment;

(l) any activity on board a sea-going ship;

(m) any activity in relation to a ski slope, ski lift, ski tow or cable car;

(n) fish, maggot and game breeding except in a zoo or zoological establishment;

(o) in relation to Northern Ireland, horse breeding or horse training at a stable;

(p) any activity in relation to a pipeline within the meaning of—

(i) in relation to Great Britain, regulation 3 of the Pipelines Safety Regulations 1996(1);

(ii) in relation to Northern Ireland, regulation 3 of the Pipelines Safety Regulations (Northern Ireland) 1997(2).

(q) except in Northern Ireland, the operation of—

(i) a guided bus system; or

(ii) any other system of guided transport, other than a railway, that employs vehicles which for some or all of the time when they are in operation travel along roads.

(r) in relation to Northern Ireland, the operation of a railway;

(s) except in Northern Ireland, the operation of a trolley vehicle system;

[F6 (t) in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014.]

Textual Amendments

F1 Word in Sch. 3 Pt. 3 para. 1(d)(i)(aa) substituted (6.4.2015) by The Construction (Design and Management) Regulations 2015 (S.I. 2015/51), reg. 1, Sch. 5 (with reg. 3, Sch. 4)

F2 Words in Sch. 3 Pt. 3para. 1(d)(i)(bb) substituted (1.8.2016) by The Construction (Design and Management) Regulations (Northern Ireland) 2016 (S.R. 2016/146), reg. 1, Sch. 6

F3 Words in Sch. 3 Pt.3 para. 1(g)(i) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 9(a) (with regs. 2(5), 3, Sch. 8)

F4 Words in Sch. 3 Pt.3 para. 1(g)(ii) substituted (1.1.2018) by The Ionising Radiations Regulations (Northern Ireland) 2017 (S.R. 2017/229), reg. 1, Sch. 9 para. 8(a) (with reg. 41, Sch. 8)

F5 Words in Sch. 3 Pt. 3 para. 1(j) substituted (23.10.2015) by The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 (S.R. 2015/339), regs. 1, 35(2) (with reg. 3(1)(2))

F6 Sch. 3 Pt.3 para. 1(t) substituted (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 21

(1)

S.I. 1996/825.

(2)

S.R. (NI) 1997 No 193.