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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018

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This is the original version (as it was originally made).

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010

This section has no associated Explanatory Memorandum

8.—(1) The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “biological agents” substitute—

“biological agents” means micro-organisms, cell cultures, or human endoparasites, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health;

(ii)in the definition of “group 2 biological agent” omit “in Annex III to the Directive or”;

(iii)in the definition of “group 3 biological agent” omit “in Annex III to the Directive or”; a

(iv)in the definition of “group 4 biological agent” omit “in Annex III to the Directive or”;

(v)omit the definition of “MCA”; and

(vi)for the definition of “Merchant Shipping Notice” substitute—

“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;; and

(b)Omit paragraph (2).

(3) In regulation 4(6) (application) for “Annex I to the Directive” substitute “Annex 1 of Merchant Shipping Notice 1889 (M+F)”.

(4) In regulation 7 (classification of biological agents)—

(a)in paragraphs (1) and (3) omit “Annex III to the Directive or in”; and

(b)omit paragraph (4).

(5) In regulation 9(2)(e) (reduction of risks) for “Annex II to the Directive” substitute “Annex 2 of Merchant Shipping Notice 1889 (M+F)”.

(6) In regulation 17 (health surveillance)—

(a)in paragraph (3) for “Annex VII to the Directive” substitute “Annex 3 of Merchant Shipping Notice 1889 (M+F)”, and

(b)in paragraph (9) for “Annex IV to the Directive” substitute “Annex 4 of Merchant Shipping Notice 1889 (M+F)”.

(7) In regulation 19(3) (health and veterinary care facilities) for “Annex V to the Directive” substitute “Annex 5 of Merchant Shipping Notice 1889 (M+F)”.

(8) In regulations 20 (special measures for industrial processes, laboratories and animal rooms)—

(a)in paragraphs (1)(a), (b), (c) and (d)(i) and (ii) for “Annex V to the Directive” substitute “Annex 5 of Merchant Shipping Notice 1889 (M+F)”;

(b)in paragraph (2) for “Annex VI to the Directive” substitute “Schedule 3, Part 3 to the Control of Substances Hazardous to Health Regulations 2002”(2).

(c)in paragraph (4) for “Annex V to the Directive” substitute “Annex 5 of Merchant Shipping Notice 1889 (M+F)”.

(1)

S.I. 2010/323, to which there are amendments not relevant to these Regulations.

(2)

S.I. 2002/2677, to which there are amendments not relevant to these Regulations.

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