Statutory Instrument 1992 No. 3067

The Asbestos (Prohibitions) Regulations 1992

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© Crown Copyright 1992

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1992 No. 3067

HEALTH AND SAFETY

The Asbestos (Prohibitions) Regulations 1992

The Secretary of State in the exercise of the powers conferred on her by sections 15(1), (2), (5)(b) and (9), and 82(3)(a) of, and paragraphs 1(1) and 2 of Schedule 3 to, the Health and Safety at Work etc. Act 1974^[1] ("the 1974 Act") and of all other powers enabling her in that behalf and for the purpose of giving effect without modification to proposals submitted to her 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 and commencement
    1.    These Regulations may be cited as the Asbestos (Prohibitions) Regulations 1992 and shall come into force on 1st January 1993.

Interpretation and application
    2.—(1)  In these Regulations unless the context otherwise requires—
"amphibole asbestos" means any of the following minerals, namely crocidolite, amosite, fibrous actinolite, fibrous anthophyllite, fibrous tremolite and any mixture containing any of those minerals;
"asbestos" means chrysotile, and amphibole asbestos and any mixture containing any of those minerals;
"asbestos spraying" means the application by spraying of any material containing asbestos to form a continuous surface coating;
"roofing felt" means a product that is fabricated to form a waterproof covering for roofing applications, having as its base a mat of vegetable or mineral fibres or a mixture of those fibres, fixed in a matrix of bituminous materials that may contain polymers or resins.


    (2)  Any prohibition imposed on any person by these Regulations shall apply only to acts done in the course of a trade, business or other undertaking (whether for profit or not) carried on by him.

    (3)  Any prohibition imposed by these Regulations on the importation into the United Kingdom, or on the supply or use of asbestos shall not apply to the importation, supply or use of asbestos solely for the purposes of research, development or analysis.

Prohibition of the importation of amphibole asbestos
    3.    The importation into the United Kingdom of crude, fibre, flake, powder or waste amphibole asbestos is prohibited and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979^[2] and not as a health and safety regulation.

Prohibition of the supply of amphibole asbestos
    4.    No person shall supply amphibole asbestos or any product to which amphibole asbestos has intentionally been added.

Prohibition of the use of amphibole asbestos and products containing it
    5.—(1)  No person shall use amphibole asbestos or any product to which amphibole asbestos has intentionally been added in the manufacture or repair of any other product.

    (2)  No person shall use any product containing amphibole asbestos, except that this paragraph shall not apply—
 (a) in the case of products containing crocidolite or amosite, to products which were in use before 1st January 1986; or
 (b) in the case of products containing any other form of amphibole asbestos, but not crocidolite or amosite, to products which were in use before 1st January 1993,
or, in either case, to any activity in connection with the disposal of any such product.

Prohibition of asbestos spraying
    6.    No person shall undertake asbestos spraying.

Prohibition of products containing chrysotile
    7.—(1)  Subject to paragraph (2) below, the supply and use of any product containing chrysotile described in the Schedule to these Regulations is prohibited.

    (2)  Paragraph (1) above shall not apply to the use of—
 (a) any product which was in use before 1st January 1993 except that that paragraph shall apply to any such product the use of which was prohibited by the Asbestos (Prohibitions) Regulations 1985^[3] as in force immediately before the coming into force of these Regulations;
 (b) any activity in connection with the disposal of any such product.

Exemption certificates
    8.—(1)  Subject to paragraph (2) and to any provisions imposed by the Communities in respect of the marketing and use of dangerous substances and preparations, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, or any product containing asbestos or class of such products from all or any of the prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.

    (2)  The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to—
 (a) the conditions, if any, that it proposes to attach to the exemption; and
 (b) any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety or persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Extension outside Great Britain
    9.    These Regulations shall apply to any premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974^[4] apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989^[5] as they apply to premises and activities within Great Britain.

Revocations
    10.    The following Regulations are revoked—
 (a) the Asbestos (Prohibitions) Regulations 1985^[6];
 (b) the Asbestos (Prohibitions) (Amendment) Regulations 1988^[7].

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State, Department of Employment.

8th December 1992

[1] 1974 c. 37: sections 15 and 50 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively. back

[2] 1979 c. 13. back

[3] S.I. 1985/910, amended by S.I. 1988/711. back

[4] 1974 c. 37. back

[5] S.I. 1989/840. back

[6] S.I. 1985/910. back

[7] S.I. 1988/711. back

Explanatory Note