OpenLegislation

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2005

S.I. 2005/1308 · Made 9 May 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HEALTH AND SAFETY

Made 9th May 2005

Laid before Parliament 12th May 2005

Coming into force 3rd June 2005

The Secretary of State, being the Minister designatedf1 for the purpose of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to the transport of dangerous or environmentally hazardous goods by road, rail or water, in exercise of the powers conferred upon him by the said section 2(2)f3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1996/266 and 1997/2563.

f2

1972 c. 68; the definition of “the Treaties” in section 1 of the Act was extended by section 1 of the European Economic Area Act 1993 (c. 51).

f3

As regards Scotland, see also section 57(1) of the Scotland Act 1998 (c. 46), which provides that, despite the transfer to the Scottish Ministers by virtue of that Act of functions in relation to observing and implementing obligations under Community law, any functions of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2005 and shall come into force on 3rd June 2005.

(2)

These Regulations do not extend to Northern Ireland.

2Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002

(1)

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002f1 shall be amended as follows.

(2)

In regulation 2 (interpretation) after sub-paragraph (o) add—

“(p)

Commission Directive 2004/89/EC adapting for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by railf2;

(q)

Commission Directive 2004/110/EC adapting for the sixth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by railf3; and

(r)

Commission Directive 2004/111/EC adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by roadf4.”.

Signature

Signed by authority of the Secretary of State

Tony McNulty

Parliamentary Under Secretary of State

Department for Transport

9th May 2005

Explanatory note

(This note is not part of the Order)

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 (“the 2002 Regulations”) extend the reference to dangerous substances in section 1(1)(c) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) to include environmentally hazardous substances. The purpose of the 2002 Regulations is to enable regulations to be made under section 15 of the 1974 Act to implement the Directives referred to in regulation 2 of the 2002 Regulations.

These Regulations amend regulation 2 of the 2002 Regulations to add references to Commission Directives 2004/89/EC (O.J. No. L293, 16.9.2004, p.14), 2004/110/EC (O.J. No. L365, 10.12.2004, p.24) and 2004/111/EC (O.J. No. L365, 10.12.2004, p.25) so that Regulations can be made under section 15 of the 1974 Act to implement these Directives.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. Copies of the EC Directive referred to in these regulations can be obtained from the stationary office. This Explanatory Note incorporates the Transposition Note that would otherwise be required.