- Statutory Instrument 2005 No. 1308
The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2005
© Crown Copyright 2005
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| Made | 9th May 2005 | ||
| Laid before Parliament | 12th May 2005 | ||
| Coming into force | 3rd June 2005 |
The Secretary of State, being the Minister designated[1] for the purpose of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the transport of dangerous or environmentally hazardous goods by road, rail or water, in exercise of the powers conferred upon him by the said section 2(2)[3], hereby makes the following Regulations:
Citation, commencement and extent
1. - (1) These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2005 and shall come into force on 3rd June 2005.
(2) These Regulations do not extend to Northern Ireland.
Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002
2. - (1) The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002[4] shall be amended as follows.
(2) In regulation 2 (interpretation) after sub-paragraph (o) add -
-
"
(p) Commission Directive 2004/89/EC adapting for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail[5];
(q) Commission Directive 2004/110/EC adapting for the sixth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail[6]; and
(r) Commission Directive 2004/111/EC adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road[7].".
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State Department for Transport
9th May 2005
(This note is not part of the Order)
The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 ("the 2002 Regulations") extend the reference to dangerous substances in section 1(1)(c) of the Health and Safety at Work etc. Act 1974 ("the 1974 Act") to include environmentally hazardous substances. The purpose of the 2002 Regulations is to enable regulations to be made under section 15 of the 1974 Act to implement the Directives referred to in regulation 2 of the 2002 Regulations.
These Regulations amend regulation 2 of the 2002 Regulations to add references to Commission Directives 2004/89/EC (O.J. No. L293, 16.9.2004, p.14), 2004/110/EC (O.J. No. L365, 10.12.2004, p.24) and 2004/111/EC (O.J. No. L365, 10.12.2004, p.25) so that Regulations can be made under section 15 of the 1974 Act to implement these Directives.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. Copies of the EC Directive referred to in these regulations can be obtained from the stationary office. This Explanatory Note incorporates the Transposition Note that would otherwise be required.
Notes:
[1] S.I. 1996/266 and 1997/2563.back
[2] 1972 c.68; the definition of "the Treaties" in section 1 of the Act was extended by section 1 of the European Economic Area Act 1993 (c.51).back
[3] As regards Scotland, see also section 57(1) of the Scotland Act 1998 (c.46), which provides that, despite the transfer to the Scottish Ministers by virtue of that Act of functions in relation to observing and implementing obligations under Community law, any functions of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.back
[4] S.I. 2002/282, amended by S.I. 2004/463.back
[5] OJ No. L293, 16.9.2004, p14.back
[6] OJ No. L365, 10.12.2004, p24.back
[7] OJ No. L365, 10.12.2004, p25.back
ISBN 0 11 072847 5