Statutory Instrument 1989 No. 2208

The Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1989

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© Crown Copyright 1989

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1989 No. 2208

HEALTH AND SAFETY

The Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1989

The Secretary of State being the designated^[1] Minister for the purpose of section 2(2) of the European Communities Act 1972^[2] in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, in the exercise of the powers conferred on him by the said section 2 and sections 15(1), (4)(a) and (6)(b) and 82(3)(a) of the Health and Safety at Work etc. Act 1974^[3] ("the 1974 Act") and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1989 and shall come into force on 6th December 1989.

    (2)  In these Regulations-

"the approved list" means the list described in regulation 4 of the principal Regulations;


"the principal Regulations" means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984^[4].

Amendments to the principal Regulations
    2.—(1)  The principal Regulations shall be amended in accordance with Schedule 1 to these Regulations.

    (2)  Regulation 4 of the principal Regulations as it will have effect after the coming into force of this regulation is set out in Schedule 2 to these Regulations.

Transitional provision
    3.—(1)  Subject to the following paragraphs of this regulation, where the Health and Safety Commission has approved a revision to the approved list to which this paragraph relates, that revision shall not come into effect for the purposes of the principal Regulations until 6th June 1990 but until that date a supplier or consignor may classify and label a substance to which the revision relates in accordance with that revision.

    (2)  Paragraph (1) of this regulation shall relate to the revisions to the approved list introduced by the document approved by the Health and Safety Commission on 25th April 1989 and entitled "Revision No. 1 to the Approved List (Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition))".

    (3)  In any proceedings for an offence under the principal Regulations consisting of supplying or conveying by road before 6th December 1990 a dangerous substance in a receptacle or package, with a capacity of 25 litres or less, which does not comply with the requirements of those Regulations, it shall be a defence for the person charged to prove-
 (a) that if the substance had been supplied or, as the case may be, had been conveyed by road before 6th June 1990 no offence would have been committed;
 (b) that the substance was packaged and labelled before 6th June 1990 and had not been removed from the receptacle or the package, as the case may be, after that date; and
 (c) that it was not reasonably practicable either-
 (i) to relabel or repackage the substance before it was supplied, or conveyed by road, or
 (ii) to supply it or convey it by road on a date earlier than it was in fact supplied or conveyed by road.

Revocations
    4.    Regulation 2(3) of, and Schedule 2 to, the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1988^[5] are hereby revoked.

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State, Department of Employment

7th November 1989

Eric Forth

Parliamentary Under Secretary of State, Department of Trade and Industry

7th November 1989

Robert Atkins

Parliamentary Under Secretary of State, Department of Transport

27th November 1989

[1] S.I. 1976/897. back

[2] 1972 c. 68. back

[3] 1974 c. 37; sections 15 and 50 were amended by Schedule 15 of the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16 respectively. back

[4] S.I. 1984/1244, amended by S.I. 1986/1922 and 1988/766. back

[5] S.I. 1988/766. back

Explanatory Note