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The Biocidal Products (Amendment) Regulations 2010

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Statutory Instruments

2010 No. 745

Health And Safety

The Biocidal Products (Amendment) Regulations 2010

Made

10th March 2010

Laid before Parliament

16th March 2010

Coming into force

6th April 2010

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) (“the 1972 Act”) in relation to biocides.

The Secretary of State makes these Regulations—

(a)

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

(b)

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

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

(2)

1972 c.68; Schedule 2 was amended by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51). 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 section 53 of that Act of functions in relation to observing and implementing Community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes of section 2(2) of the European Communities Act 1972.

(3)

1974 c.37. Sections 15(1) and 50(3) are amended by the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16 respectively. Section 15(1) is further amended by S.I. 2002/794, art 5(2), Schedule 2. Section 50(3) is further amended by the Health Protection Agency Act 2004, Schedule 3, paragraph 5(1) and (3) and S.I. 2008/960, which also inserts section 50(1AA).

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