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The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

S.I. 2013/1506 · Made 18 June 2013 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 January 2025.

Health And Safety

Made 18th June 2013

Laid before Parliament 27th June 2013

Coming into force in accordance with regulation 2

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972f1 (“the 1972 Act”) in relation to—

(a)

biocidesf2;

(b)

the regulation and control of classification, packaging and labelling of dangerous substances and preparations f3;

(c)

measures relating to consumer protectionf4;

(d)

the control of the import and export of goodsf5; and

(e)

the notification and control of substancesf6.

The Secretary of State makes these Regulations—

(a)

in exercise of the powers conferred by section 2(2) of, and paragraph 1Af7 of Schedule 2 to, the 1972 Act; and sections 15(1), (2), (3)(c), 5(b), (6), (8) and (9), and 82(3)(a) of, and paragraphs 1(1)(b) and (c) and (4), 2(1), 4(1), 6, 13(1) and 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974f8 (“the 1974 Act”), and

(b)

for the purposes of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)f9 of the 1974 Act.

Before submitting proposals for these Regulations to the Secretary of State, the Health and Safety Executive has carried out the consultations that appeared to it to be appropriate, as required by section 50(3) of the 1974 Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references in these Regulations to—

  1. (a)

    Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012f10 concerning the making available on the market and use of biocidal products to be construed as including references to Annexes I to IV of that Regulation as those Annexes are amended from time to time;

  2. (b)

    Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008f11 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, to be construed as including references to Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII of that Regulation as those Articles and Annexes are amended from time to time; and

  3. (c)

    Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012f12 concerning the export and import of hazardous chemicals to be construed as including references to Annexes I, II, V and VI of that Regulation as those Annexes are amended from time to time.

Annotations to the whole text

Footnotes

f1

1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). The power of Ministers to make regulations in relation to matters in or regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).

f2

S.I. 1999/2788.

f3

S.I. 1976/897.

f4

S.I. 1993/2661.

f5

S.I. 1983/1706.

f6

S.I. 1981/1536.

f7

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

f8

1974 c.37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraphs 6 and 16 respectively.

f9

Section 11(3) was amended by the Legislative Reform (Health and Safety Executive Order) 2008 (S.I.2008/960).

f10

OJ No L167, 27.06.12, p.1.

f11

OJ No L353, 31.12.08, p.1.

f12

OJ No L201, 27.07.12, p.60.

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation, commencement and extent
  3. 2Regulation 2
  4. 3Regulation 3
  5. 4Interpretation
  6. Part 2: APPOINTMENT OF COMPETENT AUTHORITIES AND DESIGNATED NATIONAL AUTHORITIES
  7. 5Competent authorities and designated national authorities
  8. 6Regulation 6
  9. 7Regulation 7
  10. Part 3: CHAPTER 1
  11. Chapter: BIOCIDAL PRODUCTS
  12. 8Application of the 1974 Act
  13. 9Allocation of enforcement responsibility
  14. 10Limitation on entry to domestic premises in certain circumstances
  15. 11Confidentiality
  16. 12Labelling
  17. 13Essential use
  18. 14Appeal
  19. 15Applications for biocidal product authorisations prior to 1st September 2013
  20. 16Transitional, transitory and savings provisions
  21. Chapter 2: CLASSIFICATION, LABELLING AND PACKAGING OF SUBSTANCES AND MIXTURES
  22. 17Application of the 1974 Act
  23. 18Allocation of enforcement responsibility
  24. Chapter 3: EXPORT AND IMPORT OF HAZARDOUS CHEMICALS
  25. 19Application of the 1974 Act
  26. 20Application of the 1978 Order
  27. 21Duties on the Designated National Authority and the Secretary of State
  28. 22Allocation of enforcement responsibility
  29. 23Enforcement notice
  30. 24Regulation 24
  31. 25Regulation 25
  32. 26Regulation 26
  33. 27Regulation 27
  34. 28Regulation 28
  35. 29Service of enforcement notices
  36. Chapter 4: EXEMPTIONS, PENALTIES AND DUE DILIGENCE DEFENCE
  37. 30Exemptions
  38. 31Regulation 31
  39. 32Penalties
  40. 33Due diligence defence
  41. Part 4: REVOCATIONS, AMENDMENTS AND REVIEW
  42. 34Revocations and amendments
  43. 35Regulation 35
  44. 36Regulation 36
  45. 37Regulation 37
  46. 38Review
  47. Signature
  48. Schedule 1: Biocidal products appeals
  49. Part 1: DEFINITIONS AND ARRANGEMENTS FOR AN APPEAL
  50. 1Paragraph 1
  51. 2Paragraph 2
  52. 3Paragraph 3
  53. 4Paragraph 4
  54. 5Paragraph 5
  55. Part 2: APPEAL PROCEDURES
  56. 6Paragraph 6
  57. 7Paragraph 7
  58. 8Paragraph 8
  59. 9Paragraph 9
  60. 10Paragraph 10
  61. 11Paragraph 11
  62. 12Paragraph 12
  63. 13Paragraph 13
  64. Schedule 2: Transitional, transitory and savings provisions
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. 6Paragraph 6
  71. 7Paragraph 7
  72. 8Paragraph 8
  73. 9Paragraph 9
  74. 10Paragraph 10
  75. 11Paragraph 11
  76. Schedule 3: Defence Exemption Certificates
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. 8Paragraph 8
  85. 9Paragraph 9
  86. Schedule 4: Amendments to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
  87. Part 1: References to Regulation (EU) No 649/2012
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. Part 2: Advertisements for dangerous preparations and penalties
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. Schedule 5: Consequential Amendments
  94. Part 1: ENACTMENTS
  95. 1Wildlife and Countryside Act 1981
  96. 2Natural Environment and Rural Communities Act 2006
  97. Part 2: SUBORDINATE LEGISLATION
  98. 3Control of Pesticides Regulations 1986
  99. 4African Swine Fever (England) Order 2003
  100. 5African Swine Fever (Scotland) Order 2003
  101. 6African Swine Fever (Wales) Order 2003
  102. 7Diseases of Animals (Approved Disinfectants) (England) Order 2007
  103. 8Diseases of Animals (Approved Disinfectants) (Wales) Order 2007
  104. 9Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008
  105. 10Health and Safety (Fees) Regulations 2012
  106. Explanatory note