Statutory Instrument 1990 No. 1255

The Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1990

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© Crown Copyright 1990

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1990 No. 1255

HEALTH AND SAFETY

The Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1990

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 1990 and shall come into force on 18th July 1990.

    (2)  In these Regulations "the principal Regulations" means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984^[4].

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

Transitional provision
    3.—(1)  Until 18th September 1990 it shall be a sufficient compliance with the principal Regulations if a substance is classified and labelled in accordance with the list approved by the Health and Safety Commission on 9th February 1988 entitled "Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition)" as revised 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))".

    (2)  In any proceedings for an offence under the principal Regulations consisting of supplying or conveying by road before 18th March 1991 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 18th September 1990 no offence would have been committed;
 (b) that the substance was packaged and labelled before 18th September 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 re-label or re-package 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.

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State, Department of Employment

14th June 1990

[1] S.I. 1976/897. back

[2] S.I. 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, 1988/766 and 1989/2208. back

Explanatory Note