Statutory Instrument 1992 No. 31

The Environmental Protection (Controls on Injurious Substances) Regulations 1992

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© Crown Copyright 1992

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1992 No. 31

ENVIRONMENTAL PROTECTION

The Environmental Protection (Controls on Injurious Substances) Regulations 1992

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland—
  having consulted the committee constituted under section 140(5) of the Environmental Protection Act 1990^[1];

  having published notices in pursuance of section 140(6) (b) of that Act;

  having considered representations made to them in accordance with the notices;

  considering it appropriate to make these Regulations for the purpose of preventing the substances specified in them from causing pollution of the environment or harm to human health or to the health of animals and plants;
in exercise of the powers conferred on them by section 140(1), (2) (b) and (9) of the Environmental Protection Act 1990, and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Environmental Protection (Controls on Injurious Substances) Regulations 1992 and shall come into force on 28th February 1992.

    (2)  In these Regulations—

"CAS Number" means a number described in the CAS Registry Handbook, ISSN 0093-058X, published in instalments from 1965 to 1971 with supplements for 1972 to 1976, 1977 to 1981, 1982 to 1986 and 1987 to 1991 by the Chemical Abstracts Service, American Chemical Society, Columbus, Ohio, USA;


"competent authority" means—
 (a) where substances are to be supplied for use (or, where regulation 3(3) (b) applies, are to be used) in the restoration or maintenance of an historic building, the Historic Buildings and Monuments Commission if the building is in England, the Historic Buildings Council for Wales if the building is in Wales and the Secretary of State for Scotland if the building is in Scotland, and
 (b) where substances are to be supplied for use (or, where regulation 3(3) (b) applies, are to be used) in the restoration or maintenance of a fine or decorative work of art, the Museums and Galleries Commission;


"DBB" means di-μ-oxo-di-n-butylstanniohydroxyborane C₈H₁₉BO₃Sn, CAS Number 75113—37—0;


"historic building" means—
 (a) a listed building (within the meaning of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990^[2] or section 52(7) of the Town and Country Planning (Scotland) Act 1972^[3]) which when last notified to a local planning authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade I or Grade II (starred) or, in Scotland, as a category A listed building, or
 (b) a building which is a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979^[4];


"lead carbonate" means neutral anhydrous carbonate PbCO₃, CAS Number 598—63—0 and lead hydrocarbonate 2PbCO₃. Pb (OH)₂ CAS Number 1319—46—6;


"lead sulphate" means PbSO₄ (1:1) CAS Number 7446—14—2 and Pb_xSO₄ CAS Number 15739—80—7.

PCBs and PCTs
    2.    The Control of Pollution (Supply and Use of Injurious Substances) Regulations 1986^[5] shall be amended in regulation 2 by substituting "0.005 per cent" for "0.010 per cent".

Lead carbonate and sulphate in paint
    3.—(1)  Subject to paragraphs (2) and (3), no person shall—
 (a) supply by way of sale for any purpose, or
 (b) use in connection with any trade or business or manufacturing process,
lead carbonate or lead sulphate which is intended for use as paint, or any substance so intended of which lead carbonate or lead sulphate forms a constituent.

    (2)  Paragraph (1) (a) shall not apply to the supply of paste or paint which is ready for use and—
 (a) is supplied for use in the restoration or maintenance of an historic building, or of a fine or decorative work of art, where it is required to restore or maintain historic textures or finishes,
 (b) is supplied not earlier than three weeks after the supplier has given the competent authority a completed declaration made in the form set out in the Schedule to these Regulations, and
 (c) is supplied in accordance with that declaration.

    (3)  Paragraph (1) (b) shall not apply to the use of paste or paint which is ready for use and—
 (a) was supplied to the user before these Regulations came into force, or
 (b) was supplied to the user in accordance with these Regulations, and—
 (i) is used in accordance with the declaration in accordance with which they were so supplied, or
 (ii) is used, not earlier than three weeks after the user has given to the competent authority a further completed declaration made in the form set out in the Schedule to these Regulations, in accordance with that further declaration.

Mercury compounds in heavy duty textiles
    4.    No person shall supply by way of sale, or use in connection with any trade or business or manufacturing process—
 (a) mercury compounds which are intended for use in the impregnation of heavy-duty industrial textiles, or of yarn intended for the manufacture of such textiles, or
 (b) any substance so intended of which mercury compounds are a constituent.

Mercury, arsenic and organostannic compounds in industrial waters
    5.    No person shall supply by way of sale, or use in connection with any trade or business or manufacturing process—
 (a) mercury, arsenic or organostannic compounds intended for use in the treatment of industrial waters, irrespective of the use of those waters, or
 (b) any substance so intended of which mercury, arsenic or organostannic compounds are a constituent.

DBB
    6.—(1)  Subject to paragraph (2), no person shall supply by way of sale for any purpose, or use in connection with any trade or business or manufacturing process DBB, or any substance containing DBB, in a concentration equal to or greater than 0.1 per cent by weight.

    (2)  Paragraph (1) shall not apply to DBB or any substance containing DBB if that substance is intended solely for conversion into finished products in which the concentration of DBB will be less than 0.1 percent by weight.

Offences and penalties
    7.    A person who contravenes regulation 3, 4, 5 or 6 or causes or permits another person to contravene one of those regulations shall be guilty of an of fence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

Michael Heseltine

Secretary of State for the Environment

6th January 1992

David Hunt

Secretary of State for Wales

8th January 1992

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

9th January 1992

[1] 1990 c. 43. back

[2] 1990 c. 9. back

[3] 1972 c. 52 (section 52(7) was amended by the Housing and Planning Act 1986 (c. 63), Schedule 9, paragraph 13(1)). back

[4] 1979 c. 46. back

[5] S.I. 1986/902. back

Explanatory Note