The Secretary of State is a designated Minister for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) in relation to measures relating to the prevention and limitation of the effects of accidents involving dangerous substances .
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 4(4), 4(5), 5, 7, 8, 17(2), 21(2), 21(3), 21(3A), 24(4), 25, 26A, 28, 30, 40(1), and 40(4) of the Planning (Hazardous Substances) Act 1990 and section 2(2) and paragraph 1A of Schedule 2 to the 1972 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 in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures , to be construed as references to that instrument as amended from time to time.