Explanatory note

These Regulations amend the Control of Asbestos Regulations 2012 (S.I. 2012/632) (“the 2012 Regulations”) to introduce a requirement that the assessment of the cleanliness of the premises, where work relating to asbestos has been carried out, is undertaken by a person who is appointed independently of the person who carried out the work relating to asbestos on those premises.

Regulation 2(2) substitutes regulation 20 of the 2012 Regulations with new regulation 20. This includes the new provision that the employer who is required by regulation 17 of the 2012 Regulations to ensure the premises were cleaned is prohibited from appointing the person carrying out the assessment, but in other respects this provision remains substantively the same.

Regulation 2(2) comes into force on 25th November 2027 with the consequence that the requirements in the 2012 Regulations prior to their amendment by regulation 2(2) continue to apply until 25th November 2027. This means that the employer who carried out the work relating to asbestos on premises can continue to appoint another person to assess the cleanliness of those premises until that date.

Regulation 2(3) and (4) makes consequential provision to update and remove redundant references in the 2012 Regulations to other statutory instruments.

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