Article 2A The AgencyX1F1

The functions and powers of the Agency under the REACH legislation are to be functions and powers of the HSE.

Accordingly, any reference to the Agency in the REACH legislation must be read as meaning the HSE.

The general incidental powers of the HSE are to be exercisable for the purpose of carrying out the functions of the Agency under the REACH legislation.

But that does not limit the powers which the HSE has under the REACH legislation.

The non-REACH functions of the HSE are not limited by the functions of the Agency under the REACH legislation.

Accordingly, the HSE is not prevented from carrying out non-REACH functions in relation to a matter just because any of the functions of the Agency under the REACH legislation is also exercisable, or has been exercised, in relation to that matter.

The power of the Secretary of State under section 12(2)(a) of HASWA 1974 to give directions (as read with section 12(4) of HASWA 1974) is to be exercisable with respect to the functions of the Agency under the REACH legislation.

The Secretary of State may not give any such directions with regard to the enforcement of the REACH legislation in any particular case.

The Secretary of State must consider any request made by any of the other appropriate authorities for the Secretary of State to give a direction by virtue of this paragraph.

The function of giving directions by virtue of this section is subject to the consent requirement in Article 4A (whether or not there has been a request under the previous subparagraph).

In this Article—

• “ general incidental powers ” means the powers which the HSE has under—

  1. (a)

     section 13 of HASWA 1974, and

  2. (b)

     Schedule 2 to HASWA 1974;

• “ HASWA 1974 ” means the Health and Safety at Work etc. Act 1974;

• “ HSE ” means the Health and Safety Executive;

• “ non-REACH function ” means any function which arises otherwise than under the REACH legislation;

• “ REACH legislation ” means—

  1. (a)

     this Regulation,

  2. (b)

     any instrument made under this Regulation, and

  3. (c)

     any F2assimilated direct legislation that was originally made under EU REACH.