{
  "url": "https://openlegislation.uk/eu-regulation-2006-1907/article-2A",
  "json_url": "https://openlegislation.uk/eu-regulation-2006-1907/article-2A.json",
  "legislation": "eur/2006/1907",
  "legislation_title": "Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2006-1907",
  "path": "article/2A",
  "kind": "article",
  "number": "2A",
  "heading": "The Agency",
  "text": "1. The functions and powers of the Agency under the REACH legislation are to be functions and powers of the HSE.\nAccordingly, any reference to the Agency in the REACH legislation must be read as meaning the HSE.\n2. 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.\nBut that does not limit the powers which the HSE has under the REACH legislation.\n3. The non-REACH functions of the HSE are not limited by the functions of the Agency under the REACH legislation.\nAccordingly, 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.\n4. 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.\nThe Secretary of State may not give any such directions with regard to the enforcement of the REACH legislation in any particular case.\nThe 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.\nThe 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).\n5. In this Article—\n“ general incidental powers ” means the powers which the HSE has under—\n(a)section 13 of HASWA 1974, and\n(b)Schedule 2 to HASWA 1974;\n“ HASWA 1974 ” means the Health and Safety at Work etc. Act 1974;\n“ HSE ” means the Health and Safety Executive;\n“ non-REACH function ” means any function which arises otherwise than under the REACH legislation;\n“ REACH legislation ” means—\n(a)this Regulation,\n(b)any instrument made under this Regulation, and\n(c)any assimilated direct legislation that was originally made under EU REACH.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Arts. 2A, 2B inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 3 (as amended by S.I. 2020/1577, regs. 1(1)(b), 4(5)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 2A(5) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 74(3)(b)"
    },
    {
      "type": "X",
      "label": "X1",
      "text": "Substituted by Corrigendum to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Official Journal of the European Union L 396 of 30 December 2006)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2006/1907/article/2A",
    "retrieved_at": "2026-11-01T14:53:13.283023+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}