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The Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 1987

S.I. 1987/180 · Made 9 February 1987

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 February 1987

Laid before Parliament 20th February 1987

Coming into force 1st April 1987

The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (3)(a) and (3)(c) and 82(3)(a) of the Health and Safety at Work etc. Act 1974f1 and of all other powers enabling him in that behalf, and after consulting, in accordance with section 50(1) of the 1974 Actf2, the Health and Safety Commission being the only body which it appeared to him to be appropriate to consult, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1974 c. 37; section 15(1) was substituted by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 6.

f2

Section 50(1) of the 1974 Act was substituted by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 16(1).

Contents

  1. 1Citation and operation
  2. 2Transfer of powers of enforcement
  3. 3Consequential provisions
  4. 4Consequential provisions
  5. 5Consequential provisions
  6. 6Consequential provisions
  7. 7Consequential provisions
  8. 8Transitional provision
  9. Signature
  10. Explanatory note

1Citation and operation

These Regulations may be cited as the Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 1987 and shall come into force on 1st April 1987.

2Transfer of powers of enforcement

The Secretary of State shall be the authority responsible for the enforcement of the following relevant statutory provisions:

(a)

section 5 of the Health and Safety at Work etc. Act 1974f1, and

(b)

the Alkali, Works Regulation Act 1906f2 (“the 1906 Act”).

3Consequential provisions

(1)

In section 27(1) of the 1906 Act (interpretation of terms), the definition of the expression “inspector” shall be omitted and the following substituted therefor:

“()

The expression “inspector” means an inspector appointed by the Secretary of State under section 19 of the Health and Safety at Work etc. Act 1974:”.

(2)

Paragraph 1 of Schedule 2 to the Clean Air Enactments (Repeals and Modifications) Regulations 1974f1 (“the 1974 Regulations”), to the extent that it relates to the definition of the expression “inspector”, is hereby revoked.

4Consequential provisions

(1)

Section 9(5) and (7) of the 1906 Act shall have effect as if the references therein to the Local Government Board, or for Scotland the Secretary for Scotland, were references to the Secretary of State.

(2)

Paragraph 2 of Schedule 2 to the 1974 Regulations (which requires the references mentioned in paragraph 1 of this Regulation to have effect as if they were references to the Health and Safety Executive) is hereby revoked.

5Consequential provisions

(1)

In Articles 3, 5, 6, 7 and 8, of the Alkali, Works Regulation Order (Scotland) 1933f1, references to the Department shall have effect as if they were references to the Secretary of State.

(2)

Paragraph (f) of Regulation 5 of the 1974 Regulations (which requires the references mentioned in paragraph 1 of this Regulation to be construed as references to the Health and Safety Executive) is hereby revoked.

6Consequential provisions

(1)

In Articles 3, 5, 6 and 7 of the Alkali, Works (Registration) Order 1957f1, references to the Minister of Housing and Local Government shall have effect as if they were references to the Secretary of State.

(2)

Regulation 8 of the 1974 Regulations (which requires the references mentioned in paragraph 1 of this Regulation to have effect as if they were references to the Health and Safety Executive) is hereby revoked.

7Consequential provisions

In Regulation 11 of the 1974 Regulations (references to inspectors), for the words “Health and Safety Executive” there shall be substituted the words “Secretary of State”.

8Transitional provision

These Regulations shall not affect the validity of anything done before they come into force under any provision of an enactment or subordinate legislation which is amended or the effect of which is modified by these Regulations; and anything which at the coming into force of these Regulations is in process of being done for the purposes of that provision by or in relation to the Health and Safety Executive may be continued by or in relation to the Secretary of State.

Signature

Signed by order of the Secretary of State

K. Clarke

Paymaster General

Department of Employment

9th February 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations transfer from the Health and Safety Executive to the Secretary of State the responsibility for enforcing enactments restricting the emission from certain industrial premises of substances which pollute the atmosphere and, consequentially, modify certain legislation related to those enactments so that it refers or is treated as referring to the Secretary of State. The Regulations contain a transitional provision designed to ensure that anything in the process of being done by or in relation to the Health and Safety Executive before the transfer can be continued by or in relation to the Secretary of State after it.