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The Dangerous Substances in Harbour Areas Regulations 1987

S.I. 1987/37 · Made 15 January 1987

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HEALTH AND SAFETY

Made 15th January 1987

Laid before Parliament 26th February 1987

Coming into force 1st June 1987

The Secretary of State for Transport in the exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (4), (5)(b), (6)(a) and (b) and (9), 43(2), (4), (5), (6) and (9), 80(1) and (4) and 82(3)(a) of, and paragraphs 1(1) to (4), 2(1), 3, 4, 6, 7, 9, 11, 12, 13(2), 14, 15(1), 16, 18(a), 20, 21(a) to (c) and 22 of Schedule 3 to, the Health and Safety at Work etc. Act 1974f1 (“the 1974 Act”) and section 97(5) of the Explosives Act 1875f2 and now vested in himf3 and of all other enabling powers;

  1. (a)

    for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act; and

  2. (b)

    it appearing to him that the repeal of the instruments referred to in paragraphs (1)(d), (5) and (6) of regulation 47 and Parts II and III of Schedule 8 below provided for by section 80(1) of the 1974 Act is expedient, after the carrying out by him of consultations in accordance with subsection (4) of that section,

hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1974 c. 37; sections 15, 43 and 80 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6, 12 and 19 respectively.

f2

1875 c. 17; section 97(5) was extended by the Emergency Laws (Miscellaneous Provisions) Act 1947 c. 10 (11 and 12 Geo. 6) and the Visiting Forces and International Headquarters (Application of Law) Order 1965 (S.I. 1965/1536).

f3

S.I. 1979/571 and 1981/238.

Contents

  1. Part I: INTERPRETATION AND APPLICATION
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Meaning of “dangerous substance”
  5. 4Meaning of “operator”
  6. 5Application of these Regulations
  7. Part II: ENTRY OF DANGEROUS SUBSTANCES INTO HARBOUR AREAS
  8. 6Notice of entry of dangerous substances
  9. 7Harbour master’s powers of prohibition, removal and regulation relating to dangerous substances
  10. Part III: MARKING AND NAVIGATION OF VESSELS
  11. 8Flags and lights to be displayed by vessels
  12. 9Regulation 6 and 8 not to apply to certain ferry-boats
  13. 10Vessels to keep a safe distance from moored or anchored vessels displaying the flag or light required by regulation 8
  14. 11Marking of barges
  15. 12Control of harbour craft
  16. 13Provision and use of radios
  17. 14Anchoring and mooring of vessels
  18. 15Mobility of vessels
  19. Part IV: HANDLING DANGEROUS SUBSTANCES
  20. 16General duties of persons handling dangerous substances
  21. 17Additional duties of employers, self-employed persons and berth operators
  22. 18Precautions to be taken against fire or explosion
  23. Part V: LIQUID DANGEROUS SUBSTANCES IN BULK
  24. 19Fitness of vessels
  25. 20Permission for transfer between vessels
  26. 21Safety precautions for loading, unloading or transfer
  27. 22Certain operations on vessels forbidden without prior permission
  28. Part VI: PACKAGING AND LABELLING
  29. 23Freight containers
  30. 24Portable tanks and receptacles
  31. 25Labelling
  32. Part VII: EMERGENCY ARRANGEMENTS AND UNTOWARD INCIDENTS
  33. 26Preparation of emergency plans by harbour authorities
  34. 27Emergency arrangements at berths
  35. 28Untoward incidents
  36. Part VIII: STORAGE OF DANGEROUS SUBSTANCES
  37. 29Application of this Part
  38. 30Storage tanks
  39. 31Storage of freight containers, portable tanks and receptacles containing dangerous substances
  40. 32Parking of road vehicles carrying dangerous substances
  41. Part IX: EXPLOSIVES
  42. 33Application of this Part
  43. 34Need for an explosives licence
  44. 35Applications for explosives licences
  45. 36Consideration of licence applications
  46. 37Security of explosives
  47. 38Vessels and vehicles loaded with explosives to be taken out of harbours and harbour areas
  48. 39Harbour craft carrying explosives not to carry passengers
  49. 40Electro-explosive devices
  50. 41Deteriorated explosives
  51. 42Records relating to explosives to be kept
  52. Part X: MISCELLANEOUS AND GENERAL
  53. 43Power of a statutory harbour authority to make byelaws
  54. 44Enforcement of these Regulations
  55. 45Defence in proceedings for contravening these Regulations or byelaws
  56. 46Power to grant exemptions from these Regulations
  57. 47Repeals, revocations, modifications and savings
  58. Signature
  59. Schedule 1: THE CLASSIFICATION OF AND HAZARD WARNING SIGNS FOR DANGEROUS SUBSTANCES
  60. Itable of characteristic properties, classifications and hazard warning signs
  61. Part II: specification of hazard warning signs
  62. 1Paragraph 1
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. 4Paragraph 4
  66. Schedule 2: EXAMPLES OF SUBSTANCES AND ARTICLES NOT TO BE TREATED AS IN CLASS 4.2
  67. 1Paragraph 1
  68. 2Paragraph 2
  69. 3Paragraph 3
  70. 4Paragraph 4
  71. 5Paragraph 5
  72. 6Paragraph 6
  73. 7Paragraph 7
  74. 8Paragraph 8
  75. 9Paragraph 9
  76. 10Paragraph 10
  77. 11Paragraph 11
  78. 12Paragraph 12
  79. 13Paragraph 13
  80. 14Paragraph 14
  81. Schedule 3LIST OF SPECIFIED DANGEROUS SUBSTANCES
  82. Schedule 4: FLAG INDICATING THAT A VESSEL IS CARRYING A DANGEROUS SUBSTANCE
  83. Part I: shape and colour of flag
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. Part II: material and size of flag on vessels with a mast
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. Part III: material and size of flag on vessels without a mast
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. Schedule 5HAZARD WARNING PANELS
  93. 1Form and colour of hazard warning panels
  94. 2Form and colour of hazard warning panels
  95. 3Information about substances on a barge or tank barge
  96. 4Specification for hazard warning panels
  97. 5Form of labels
  98. 6Form of labels
  99. 7Information to be shown on labels
  100. 8Specification for labels
  101. 9Colour of hazard warning panels and labels
  102. Schedule 6: PROVISIONS RELATING TO BYELAWS
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. 3Paragraph 3
  106. 4Paragraph 4
  107. 5Paragraph 5
  108. 6Paragraph 6
  109. 7Paragraph 7
  110. Schedule 7: PROCEDURE FOR EXPLOSIVES LICENCE APPLICATIONS
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Paragraph 5
  116. 6Paragraph 6
  117. Schedule 8: REPEALS, REVOCATIONS AND SAVINGS
  118. Ipetroleum byelaws having effect until 31st december 1989
  119. IIlocal acts and other harbour byelaws repealed
  120. IIIbyelaws repealed with effect from 31st december 1989
  121. Explanatory note