Statutory Rules of Northern Ireland
HEALTH AND SAFETY
Made
18th June 2009
Coming into operation
27th July 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 Department of Enterprise, Trade and Investment(1), being the Department concerned(2) makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(3) (“the 1972 Act”) and Articles 17(1), (2), (3), (4) and (6)(4) and 55(2) of, and paragraphs 1(1), (4) and (5), 2(2), 14(1) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978(5).
The Department was designated(6) for the purpose of section 2(2) of the 1972 Act in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, and for measures relating to consumer protection.
The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)(7) of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)(8).
The Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department 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 on classification, labelling and packaging of substances and mixtures(9), amending and repealing Directives 67/548/EEC(10) and 1999/45/EC(11), and amending Regulation (EC) No. 1907/2006(12) 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-paragraphs 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(13) be construed as including references to Annexes I and V of that Regulation as those Annexes are amended from time to time.
Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I. 11), Article 3 Back [1]
See Article 2(2) of S.I. 1978/1039 (N.I. 9) Back [2]
1972 c. 68; the definition of “the Treaties” referred to in section 2(2) was extended by section 1 of the European Economic Area Act 1993 (c. 51) Back [3]
S.I. 1978/1039 (N.I. 9), section 1(1)(c) was modified by the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003, S.R. 2003 No. 52. The general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 2, paragraph 19 Back [5]
Article 13(1A) was inserted by S.I. 1998/2795 (N.I. 18), Article 4 Back [7]
Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c) Back [8]
O.J. No. L353, 31.12.2008, p.1 Back [9]
O.J. No. L196, 16.8.67, p.1 Back [10]
O.J. No. L200, 30.7.99, p.1 Back [11]
O.J. No. L396, 30.12.2006, p.1 Back [12]
O.J. No. L204, 31.7.08, p.1 Back [13]