Office of Public Sector Information
Statutory Instruments
HEALTH AND SAFETY
Made
16th March 2009
Laid before Parliament
16th March 2009
Coming into force
6th April 2009
4. Classification of dangerous substances and dangerous preparations
6. Packaging of dangerous substances, dangerous preparations and certain specified preparations
7. Labelling of dangerous substances and dangerous preparations
8. Labelling of single receptacles and receptacles in outer packagings
9. Particular labelling requirements for certain preparations
11. Child resistant fastenings, tactile warning devices and other consumer protection measures
13. Transitional provisions for dangerous substances, dangerous preparations and certain specified preparations
The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations(2), and for measures relating to consumer protection(3).
The Secretary of State makes these Regulations:
(a) in exercise of the powers conferred upon him by section 2(2) of the 1972 Act and by sections 15(1), (2), (3)(c), (4)(b), (6)(b), (8) and (9) and 82(3)(a) of, and paragraphs 1(1)(b) and (c), (4) and (5), 2(1), 3(2), 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(4) (“the 1974 Act”); and
(b) for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)(5) of the 1974 Act after the carrying out by the said Executive of consultations in accordance with section 50(3) of that Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references in these Regulations to—
the Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008(6) on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC(7) and 1999/45/EC(8), and amending Regulation (EC) No 1907/2006(9), be construed as including references to articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraph and Annexes I to VII of that Regulation as amended from time to time; and
the Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals(10) be construed as including references to Annexes I and V of that Regulation as those Annexes are amended from time to time.
1972 c. 68. The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46). Back [1]
S.I. 1976/897. Back [2]
1974 c. 37, as amended by S.I. 2008/960. Section 1(1)(c) was modified by the Health and Safety at Work etc. Act (Application to Environmentally Dangerous Substances) Regulations 2002, S.I. 2002/282. There are other amending instruments but none is relevant. Back [4]
Section 11(3) is substituted by S.I. 2008/960. Back [5]
OJ No L353, 31.12.08, p. 1. Back [6]
OJ No L196, 16.8.67, p. 1. Back [7]
OJ No L 200, 30.7.99, p. 1. Back [8]
OJ No L 396, 30.12.06, p. 1. Back [9]
OJ No L 204, 31.7.08, p. 1. Back [10]
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009