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The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005

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Statutory Rules of Northern Ireland

2005 No. 463

HEALTH AND SAFETY

The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005

Made

24th October 2005

Coming into operation

30th November 2005

The Department of Enterprise, Trade and Investment(1), being a Department designated(2) for the purpose of section 2(2) of the European Communities Act 1972(3) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, and for measures relating to consumer protection, in exercise of the powers conferred upon it by the said section 2(2) and, being the Department concerned(4), in exercise of the powers conferred by Articles 17(1) to (6)(5) of, and paragraphs 1(1), (4) and (5) and 2(2), 14(1) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978(6) and of all other powers enabling it in that behalf, and for the purpose of giving effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) of that Order(7) after the carrying out by the said Executive of consultations in accordance with Article 46(3) of that Order(8), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 30th November 2005.

(2) The Interpretation Act (Northern Ireland) 1954(9) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

2.—(1) The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(10) shall be amended in accordance with the following paragraphs.

(2) In regulation 2(1), for the definition of “the approved supply list” there shall be substituted—

“the approved supply list” means the document approved by the Executive for the purposes of these Regulations and entitled “Information Approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Eighth Edition)” approved by the Health and Safety Commission on 26th July 2005(11);;

(3) In regulation 5(12)(a), for “and” substitute “or”.

(4) Regulation 13 shall be omitted.

(5) In Part II of Schedule 3, in Table VIA, in line 1 for “0. %” substitute “0.1%”.

(6) In Part I of Schedule 5—

(a)in paragraph 2(4), for “22(1)” substitute “6”;

(b)in paragraph 3(5), for “(2)” substitute “(3)”.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 24th October 2005.

L.S.

M. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations amend the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301).

2.  Regulation 2(2) introduces a new approved supply list thereby implementing in full Commission Directive 2004/73/EC adapting to technical progress for the 29th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (O.J. No. L152, 30.4.2004 p.1).

3.  The Regulations also make consequential amendments and correct drafting errors.

4.  Copies of the approved supply list (Eighth edition) (ISBN 0-7176-6138-5) are available from HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 6FS; and good booksellers.

5.  In Great Britain the corresponding Regulations are the Chemical (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005 (S.I. 2005/2571). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in respect of these Regulations and a copy of that assessment together with a Northern Ireland Supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request.

(1)

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3

(2)

S.I. 1976/897 and S.I. 1993/2661

(3)

1972 c. 68; the definition of the Treaties referred to in section 2(2) was extended by section 1 of the European Economic Area Act 1993 (c. 51)

(4)

See Article 2(2) of S.I. 1978/1039 (N.I. 9)

(5)

Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

(6)

S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Article 3(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)

(7)

Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

(8)

Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)

(11)

ISBN 0-7176-6138-5

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