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SCHEDULE 5Regulation 48(1)
REVOCATIONS AND MODIFICATIONS OF INSTRUMENTS
PART I
REVOCATIONS
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Column 1
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Column 2
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Column 3
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Description of Instrument
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Extent of revocation
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The Quarries (General) Regulations 1956 |
S.I. 1956/1780 |
The whole Regulations |
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The Mines and Quarries (References) Rules 1956 |
S.I. 1956/1784 |
The whole Regulations |
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The China Clay and China Stone Quarries (Employment of Young Persons) Order 1957 |
S.I. 1957/410 |
The whole Regulations |
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The Gravel and Sand Quarries (Overhanging) (Exemption) Regulations 1958 |
S.I. 1958/1533 |
The whole Regulations |
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The Quarries (Ropeways and Vehicles) Regulations 1958 |
S.I. 1958/2110 |
The whole Regulations |
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The Quarries Vehicles Regulations 1970 |
S.I. 1970/168 |
The whole Regulations |
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The Quarries (Metrication) Regulations 1983 |
S.I. 1983/1026 |
The whole Regulations |
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The Quarries (Explosives) Regulations 1988 |
S.I. 1988/1930 |
The whole Regulations |
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The Quarries Miscellaneous Health and Safety Provisions Regulations 1995 |
S.I. 1995/2036 |
The whole Regulations |
PART II
Regulation 48(2)
MODIFICATIONS
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Column 1
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Column 2
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Provision
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Extent of modification
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The Mines and Quarries (Tips) Regulations 1971[15] |
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Regulations 3, 5(4), 5(5), 8, 12, 17, 18(1), 19(1), 20(1), 21(1), 22(1), 24 and 25 |
Omit the words "or quarry" wherever they occur. |
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Regulation 2 |
In paragraph (1), in the definition of "the person having responsibility for a tip", omit sub-paragraph (a). |
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Regulation 4 |
In paragraph (1), omit the words "and quarry". |
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Regulation 6 |
In paragraph (1), omit the words "and of the owner of every quarry". |
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In paragraph (2), omit the words "and quarry". |
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Regulation 7 |
Omit the words "mines and quarries are" and insert the words "mine is" in their place. |
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Regulation 9 |
In paragraph (1), omit the words "or quarry" wherever they occur and omit the words "or the owner of the quarry". |
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In paragraphs (2) and (3), omit the words "or quarry" wherever they occur. |
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Regulation 10 |
In paragraph (1), omit the words "or quarry" wherever they occur and omit the words "or, as the case may be, the owner of the quarry". |
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Regulation 11 |
Omit the words "or quarry" wherever they occur. |
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In paragraph (a), omit the words "or, as the case may be, the owner of the quarry" and "or, as the case may be, by the owner of the quarry". |
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Regulation 13 |
Omit the words "or quarry" wherever they occur and omit the words "or, as the case may be, of the owner of the quarry". |
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Regulation 14 |
Omit the words "or quarry" and "or, as the case may be, of the owner of the quarry" wherever they occur. |
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Regulation 15 |
Omit the words "or of the owner of the quarry". |
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The Mines and Quarries (Tipping Plans) Rules 1971[16] |
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Regulation 3 |
Omit the words "and quarries". |
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The Safety Representatives and Safety Committees Regulations 1977[17] |
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Regulation 5 |
In paragraph (4), after the words "Mines and Quarries Act 1954" insert the words "or regulation 40 of the Quarries Regulations 1999". |
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The Electricity at Work Regulations 1989[18] |
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Regulation 3 |
For sub-paragraph (b) of paragraph (1) substitute the following sub-paragraph -
"
(b)
(i) manager, in relation to a mine within the meaning of the Mines and Quarries Act 1954, and
(ii) operator, in relation to a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, to ensure that all requirements or prohibitions imposed by or under these Regulations are complied with in so far as they relate to the mine of which he is the manager or quarry of which he is the operator and to matters which are within his control.".
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The Noise at Work Regulations 1989[19] |
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Regulation 2 |
For paragraph (3) substitute the following paragraph -
"
(3) Duties under these Regulations imposed upon an employer shall also be imposed upon -
(a) in a mine within the meaning of section 180 of the Mines and Quarries Act 1954, the manager; and
(b) in a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, the operator,
in so far as those duties relate to the mine of which he is the manager or quarry of which he is the operator and to matters under his control.".
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The Pressure System and Transportable Gas Containers Regulations 1989[20] |
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Regulation 2 |
In paragraph (1) in the definition of "user", omit the words "a mine or any part of a quarry (both within the meaning of section 180 of the Mines and Quarries Act 1954), it means the manager for the time being of that mine or that part of the quarry" and substitute the following words -
"
(a) a mine within the meaning of section 180 of the Mines and Quarries Act 1954 it means the manager for the time being of that mine;
(b) a quarry within the meaning of regulation 3 of the Quarries Regulations 1999 it means the operator for the time being of that quarry.".
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The Workplace (Health, Safety and Welfare) Regulations 1992[21] |
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Regulation 2 |
In paragraph (1), omit the definition of "quarry" and substitute the following definition -
"
"quarry" means a quarry within the meaning of the Quarries Regulations 1999;".
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The Ionising Radiations (Outside Workers) Regulations 1993[22] |
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Regulation 2 |
Omit paragraph (4) and substitute the following paragraph -
"
Duties under these Regulations imposed on the operator shall also be imposed upon -
(a) in a mine within the meaning of section 180 of the Mines and Quarries Act 1954, the manager; and
(b) in a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, the operator,
in so far as those duties relate to the mine or part of the mine of which he is the manager or the quarry of which he is the operator and to matters under his control.".
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The Railways (Safety Case) Regulations 1994[23] |
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Regulation 2 |
In paragraph (1), omit the definitions of "mine" and "quarry" and insert the following definitions -
"
"mine" has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;". and
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;".
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The Railways (Safety Critical Work) Regulations 1994[24] |
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Regulation 2 |
In paragraph (1), omit the definitions of "mine" and "quarry" and substitute the following definitions -
"
"mine" has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;" and
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;".
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The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995[25] |
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Regulation 2(1) |
Omit the definitions of "mine" and "quarry" and substitute the following definitions -
"
"mine" means a mine within the meaning of section 180 of the Mines and Quarries Act 1954 and for the purposes of these Regulations includes a closed tip within the meaning of section 2(2)(b) of the Mines and Quarries (Tips) Act 1969 which is associated with that mine;" and
"
"quarry" means a quarry within the meaning of regulation 3 of the Quarries Regulations 1999".
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Insert the following definition -
"
"operator" in relation to a quarry has the meaning assigned to it by the Quarries Regulations 1999;".
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In sub-paragraph (a) of the definition of "owner", the words "or quarry" shall be omitted. |
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In sub-paragraph (a)(ii) of the definition of "responsible person", omit the word "owner" and substitute the word "operator" and in sub-paragraph (a)(iii), omit the words "or quarry". |
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Schedule 2, Part III |
In sub-paragraph (2) of paragraph 43, omit the words "as in regulation 2(1) of the Quarries (Explosives) Regulations 1988" and substitute the words "as in regulation 2(1) of the Quarries Regulations 1999". |
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In paragraph 45, omit the words "regulation 2(1) of the Quarries (Explosives) Regulations 1988" and substitute the words "regulation 2(1) of the Quarries Regulations 1999". |
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In paragraph 46, omit the words "to which Part I of the Mines and Quarries (Tips) Act 1969 applies" and insert the words "to which the Quarries Regulations 1999 apply". |
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Schedule 5 |
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Paragraph 1 |
In paragraph (c)(i), after the words "person, or" insert the words "a person appointed in the management structure of that quarry established pursuant to paragraph (1) of regulation 8 of the Quarries Regulations 1999." |
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Paragraphs (c)(ii), (c)(iii) and (c)(iv) shall be omitted. |
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Paragraph 4 |
In paragraph (b) of sub-paragraph (1), after the words "Mines and Quarries Act 1954" insert the words "or, as the case may be, regulation 40 of the Quarries Regulations 1999". |
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Paragraph 5 |
In paragraph (b), after the words "Mines and Quarries Act 1954" insert the words "or, as the case may be, regulation 40 of the Quarries Regulations 1999". |
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The Carriage of Dangerous Goods by Rail Regulations 1996[26] |
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Regulation 1 |
In paragraph (2), omit the definitions of "mine" and "quarry" and substitute the following definitions -
"
"mine" has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;" and
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;"
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The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996>[27] |
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Regulation 1 |
In paragraph (2), omit the definitions of "mine" and "quarry" and substitute the following definitions -
"
"mine" has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;" and
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;"
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The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996[28] |
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Regulation 2 |
In subsection (1), omit the definitions of "mine" and "quarry" and substitute the following definitions -
"
"mine" has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;" and
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;"
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The Railways Safety (Miscellaneous Provisions) Regulations 1997[29] |
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Regulation 2 |
In paragraph (1), omit the definitions of "mine" and "quarry" and substitute the following definitions -
"
"mine" has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;" and
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;"
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The Health and Safety (Enforcing Authority) Regulations 1998[30] |
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Regulation 2 |
In paragraph (1), omit the definition of "quarry" and substitute the following definition -
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;".
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Schedule 2 |
In paragraph 1, omit the words "section 139(2) of the Mines and Quarries Act 1954" and substitute the following -
"
regulation 45(1) of the Quarries Regulations 1999".
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The Gas Safety (Installation and Use) Regulations 1998[31] |
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Regulation 2 |
For sub-paragraph (a) of paragraph (4), substitute the following sub-paragraph -
"
(a)
(i) a mine within the meaning of the Mines and Quarries Act 1954 or any place deemed to form part of a mine for the purposes of that Act, or
(ii) a quarry within the meaning of the Quarries Regulations 1999 or any place deemed to form part of a quarry for the purposes of those Regulations."
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The Transport of Dangerous Goods (Safety Advisers) Regulations 1999[32] |
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Regulation 2 |
In paragraph (1), omit the definitions of "mine" and "quarry" and substitute the following definitions -
"
"mine" has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;" and
"
"quarry" has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;"
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The Health and Safety (Fees) Regulations 1999[33] |
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Regulation 1 |
In paragraph (2), in the definition of "the mines and quarries provisions", omit sub-paragraphs (a) and (b) and substitute the following sub-paragraphs -
"
(a) mines within the meaning of section 180 of the Mines and Quarries Act 1954;
(b) tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999; and
(c) tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969;"
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EXPLANATORY NOTE
(This note is not part of the Regulations)
1.
These Regulations impose requirements with respect to health and safety in quarries, as defined at regulation 3, and supersede certain provisions formerly imposed by or under the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969 and in certain other health and safety regulations.
2.
The Regulations give effect in relation to quarries to Council Directive 92/104/EEC (OJ No. L404, 31.12.92, p.10) concerning minimum requirements for improving the health and safety protection of workers in surface and underground mineral extracting industries with respect to -
(a) Articles 3.1(a), (b), (c), (d), and (f), 3.2 and 3.3, 4 (except in relation to general fire precautions), 5 to 7 and 8.2;
(b) in Part A of the Annex, Points 1.1.3, 1.2 to 1.6, 1.8, 1.9, 3.1, 4.1 to 4.3, Section 5, Point 6.6, Section 8, Point 9.1, Sections 10 and 11, Point 13.4, Section 15, and Point 16.1;
(c) in Part B of the Annex, Sections 1 and 2.
3.
The Regulations apply to all quarries where persons work and impose duties on the operator (as defined at regulation 2(1)) with respect to persons at or in the area immediately surrounding the quarry (regulation 7(1)).
4.
A duty to ensure the suitability of the operator and to keep specified records is placed on the person entitled to work a quarry (regulation 5).
5.
The Regulations -
(a) impose a duty on the operator to take the measures necessary to ensure, so far as is reasonably practicable, that the quarry can be worked without risks to health and safety (regulation 6);
(b) impose duties on the operator with respect to preparing a health and safety document and establishing a management structure (regulations 7 and 8);
(c) require the operator to ensure that workers are competent (as defined at regulation 2(1)), that rules designed to secure health and safety are in place and to review health and safety measures on a regular basis (regulations 9, 10 and 11);
(d) in Part III, which relates to risk control, require the operator to -
(i) prepare a written scheme for the systematic inspection of the quarry, buildings and plant (regulation 12),
(ii) ensure, so far as is reasonably practicable, the safety of benches and haul roads and to make vehicles rules (regulations 13 and 14),
(iii) ensure that there are adequate escape and rescue facilities and, where appropriate, place a barrier around the quarry (regulations 15 and 16);
(e) in Part IV, require the operator to -
(i) ensure a permit to work system is in place and that regular safety drills are held (regulations 18 and 19),
(ii) control the risk of explosions or fires and harmful or explosive atmospheres (regulations 20 and 21),
(iii) take specified safety measures regarding danger areas and ensure that adequate emergency lighting is provided (regulations 22 and 23);
(f) in Part V, which applies to the storage, transport and use of explosives -
(i) require the operator to ensure the safe storage, transport and use of explosives; appoint an Explosives Supervisor; ensure that suitable shotfiring rules and specifications are drawn up and followed; that explosives workers are competent, that appropriate facilities and equipment are provided and that explosives are stored safely (regulation 25),
(ii) require the operator to ensure that shotfiring operations and trainee shotfirers are closely supervised and that records of appointment are made (regulation 26),
(iii) impose duties on the shotfirer (regulation 27),
(iv) require the operator to take specified steps in relation to misfires and prohibit specified activities in relation to explosives (regulations 28 and 29);
(g) in Part VI, which relates to excavations and tips (both as defined at regulation 2(1)), require the operator to -
(i) ensure that excavations and tips are designed, constructed, operated and maintained so as to ensure health and safety and that excavations and tips rules are made (regulations 30 and 31),
(ii) ensure that all proposed or existing excavations or tips are appraised by a competent person and, where required by regulation 32, subjected to a geotechnical assessment as defined at regulation 33; that specified records are made and that remedial work is undertaken (regulations 32 and 33),
(iii) ensure that excavations and tips are subject to further geotechnical assessments at specified intervals and in specified circumstances (regulations 34 and 35),
(iv) ensure that records of substances tipped at notifiable tips (as defined at regulation 34) are kept and give notice to the Executive with respect to specified tips and excavations (regulations 36 and 37);
(h) contain a transitional provision (regulation 38);
(i) in Part VII -
(i) require employers of persons at work at the quarry to co-operate with the operator with respect to health and safety and require the operator to make arrangements to facilitate co-operation with persons at work at the quarry in promoting health and safety, including the appointment of a committee with powers of inspection (regulations 39 and 40),
(ii) prohibit employers from employing persons to work at the quarry unless there is an operator; impose duties on employers with respect to the relevant statutory provisions and health surveillance and impose duties on persons at work at the quarry (regulations 41, 42 and 43);
(j) in Parts VIII and IX -
(i) impose duties on the operator with respect to record keeping and notification (regulations 44 and 45),
(ii) provide that the Executive may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances (regulation 46),
(iii) repeal certain provisions of the Mines and Quarries Act 1954 and modify certain provisions of that Act, the Factories Act 1961 and the Mines and Quarries (Tips) Act 1969 (regulation 47), and
(iv) revoke and modify specified instruments (regulation 48).
6.
A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Safety Policy Division, Branch C2, 4SW, Rose Court, 2 Southwark Bridge, London SW1 9HS. Copies have been placed in the library of each House of Parliament.
Notes:
[15]
S.I. 1971/1377.back
[16]
S.I. 1971/1378.back
[17]
S.I. 1977/500; amended by S.I. 1992/2051, 1996/1513.back
[18]
S.I. 1989/635; amended by S.I. 1995/2005, 1996/192, 1997/1993.back
[19]
S.I. 1989/1790; amended by S.I. 1992/2966, 1996/341, 1997/1993.back
[20]
S.I. 1989/2169; amended by S.I. 1992/743, 1996/1656, 1996/2092, 1997/2776.back
[21]
S.I. 1992/3004; amended by S.I. 1995/2036, 1996/1592.back
[22]
S.I. 1993/2379.back
[23]
S.I. 1994/237; amended by S.I. 1996/1592.back
[24]
S.I. 1994/299; amended by S.I. 1996/1592.back
[25]
S.I. 1995/3163; amended by S.I. 1996/2089, 1996/2092, 1997/2776.back
[26]
S.I. 1996/2089, amended by S.I. 1998/2885.back
[27]
S.I. 1996/2090.back
[28]
S.I. 1996/2092, amended by S.I. 1998/2885.back
[29]
S.I. 1997/553.back
[30]
S.I. 1998/494.back
[31]
S.I. 1998/2451.back
[32]
S.I. 1999/257.back
[33]
S.I. 1999/645.back
ISBN
0 11 082955 7
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