text:
PART I
PRELIMINARY
Citation, commencement and extent
1
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 and shall come into force on 24th July 2002.
2
These Regulations shall not extend to Northern Ireland.
Interpretation
2
1
In these Regulations, —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“aerosol dispenser” means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state;
“the approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Fifth Edition)” approved by the Health and Safety Commission on 16th April 2002;
“the approved supply list” means the document entitled “Information Approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Seventh Edition)” approved by the Health and Safety Commission on 16th April 2002;
“category of danger” means, in relation to a dangerous substance or dangerous preparation, one of the categories of danger specified in column 1 of Schedule 1;
“the CDGCPL Regulations ” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 ;
“Community workplace exposure limit” means, in respect of a substance, an exposure limit for that substance established in a Community instrument;
“dangerous preparation” means a preparation which is in one of or more of the categories of danger specified in column 1 of Schedule 1;
“dangerous substance” means a substance —
which is listed in the approved supply list; or
if it is not so listed, which is in one or more of the categories of danger specified in column 1 of Schedule 1;
“ EC number” means —
in the case of a dangerous substance that appears in the approved supply list, the EC number specified in that list;
in the case of a dangerous substance that is not included in the approved supply list or for which an EC number is not given in that list, the number for that substance specified in EINECS ; or
in the case of a dangerous substance that is a new substance within the meaning of the NONS Regulations , the number for that substance listed in ELINCS ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993 and adopted as respects the United Kingdom by the European Economic Area Act 1993 ;
“EEA State” means a state which is a contracting party to the EEA Agreement;
“EINECS” means the European Inventory of Existing Commercial Chemical Substances ;
“ELINCS” means the European List of Notified Chemical Substances as revised or re-issued from time to time;
“enforcing authority” shall be construed in accordance with regulation 14;
“ the Executive ” means the Health and Safety Executive;
“indication of danger” means, in relation to a dangerous substance or dangerous preparation, one or more of the indications of danger referred to in column 1 of Schedule 2 and —
in the case of a dangerous substance listed in the approved supply list, it is one or more of the indications of danger specified for that substance by a symbol-letter in that list;
in the case of any other dangerous substance or a dangerous preparation, it is one or more indications of danger determined in accordance with the classification of that substance or preparation in accordance with regulation 4 and the approved classification and labelling guide;
“the NONS Regulations” means the Notification of New Substances Regulations 1993 ;
“plant protection product” has the same meaning as it has in regulation 2(1) of the Plant Protection Products Regulations ;
“the Plant Protection Products Regulations” means the Plant Protection Products Regulations 1995 ;
“preparation” means a mixture or a solution of two or more substances;
“radioactive substance” means a substance which contains one or more radionuclides whose activity or concentration cannot be disregarded as far as radiation protection is concerned;
“receptacle” means a container together with any material, wrapping and component, including any closure or fastener, associated with the container which enables the container to perform its containment function;
“risk phrase” means a risk phrase listed in the approved supply list;
“safety phrase” means a safety phrase listed in the approved supply list;
“substance” means a chemical element and its compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;
“supply” in relation to a substance or preparation means, except in regulation 6, making that substance or preparation available to another person and includes importation of the substance or preparation into Great Britain, and “supplier” shall be construed accordingly.
2
In these Regulations, “package” means —
a
subject to paragraph (3), the package in which a dangerous substance, dangerous preparation or preparation specified in regulation 5(3) is supplied, including the receptacle containing the dangerous substance or preparation in question; or
b
a pallet or other device which enables more than one receptacle to be handled as a unit,
but does not include a container used to transport the dangerous substance or preparation unless that container is retained by the person to whom the dangerous substance or preparation is supplied for the purpose of storing that dangerous substance or preparation, and related expressions shall be construed accordingly.
3
In the case of supply by way of retail sale, a package does not include any paper or plastic bag or other form of outer wrapping in which the package is placed when it is presented to the purchaser.
4
In these Regulations —
a
where reference is made to a quantity of a dangerous substance or dangerous preparation expressed in litres, that reference shall mean —
i
in the case of a liquid, the volume in litres of that liquid,
ii
in the case of a compressed gas, the volume in litres of the receptacle containing that gas, and
iii
in the case of a compressed gas dissolved in a solvent, liquefied gas or solid, the same number of kilograms of that gas or solid; and
b
for the purposes of aggregation, one kilogram of a solid shall be deemed to be equivalent to one litre of liquid or gas.
5
In these Regulations —
a
a risk phrase may be designated by the letter “R” followed by a distinguishing number or combination of numbers; and
b
a safety phrase may be designated by the letter “S” followed by a distinguishing number or combination of numbers.
6
In these Regulations, unless the context otherwise requires, a reference to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs; and
c
a lettered sub-paragraph is a reference to the sub-paragraph so lettered in the paragraph in which that reference appears.
Application
3
1
Subject to paragraphs (3) to (8), these Regulations shall apply to any dangerous substance or dangerous preparation.
2
Subject to paragraphs (3) to (8) —
a
regulation 5, except paragraph (1), shall apply to the preparations specified in paragraph (3) of that regulation;
b
regulation 7 and paragraphs (2) and (4) to (6) of regulation 11 shall apply to the preparations specified in paragraph (3) of regulation 11;
c
paragraphs (1) and (2) of regulation 9 shall apply to a preparation to which section B or C of Part II of Schedule 5 applies; and
d
paragraphs (4) and (5) of regulation 8 shall apply to a substance or preparation specified in those paragraphs.
3
These Regulations shall not apply to a substance or preparation which is —
a
intended for use as a medicinal product within the meaning of section 130 of the Medicines Act 1968 ;
b
specified in an order made under section 104 or 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that dangerous substance or dangerous preparation as such provisions have effect in relation to medicinal products within the meaning of that Act;
c
a controlled drug within the meaning of the Misuse of Drugs Act 1971 except that these Regulations shall apply to drugs which are excepted from section 4(1)(b) of that Act (which makes it unlawful to supply a controlled drug) by Regulations made under section 7(1)(a) of that Act;
d
a cosmetic product within the meaning of the Cosmetic Products (Safety) Regulations 1996 ;
e
in the form of waste to which the Waste Management Licensing Regulations 1994 or the Special Waste Regulations 1996 applies;
f
intended for use as food within the meaning of section 1 of the Food Safety Act 1990 ;
g
intended for use as an animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970 ;
h
radioactive substances or preparations containing radioactive substances; or
i
a medical device within the meaning of the Medical Devices Regulations 2002 which is invasive or used in direct contact with the human body,
in the finished state, intended for the final user.
4
These Regulations shall not apply to —
a
a substance or preparation which is a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;
b
a substance or preparation which is under customs control;
c
subject to Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances, a substance or preparation which is intended for export to a country which is not an EEA State; or
d
a substance to which paragraph (7) of regulation 6 of the NONS Regulations applies (including new substances not yet fully tested) which is labelled in accordance with the provisions of that paragraph;
5
Regulations 7 to 11 shall only apply to dangerous substances, dangerous preparations or preparations specified in regulation 5(3) which are supplied in packages.
6
Regulations 7 to 11 shall not apply to munitions and explosives which are placed on the market with a view to obtaining an explosive or pyrotechnic effect.
7
Regulation 6 shall not apply to a plant protection product approved under the Plant Protection Products Regulations or to a product approved under the Control of Pesticides Regulations 1986 .
8
These Regulations shall not apply to the carriage of substances or preparations by rail, road, inland waterway, sea or air.
PART II
GENERAL REQUIREMENTS
Classification of dangerous substances and dangerous preparations
4
1
No person shall supply a dangerous substance or a dangerous preparation unless it has been classified in accordance with paragraphs (2) to (7).
2
The classification of a dangerous substance which is listed in the approved supply list shall be the classification for that substance specified in that list.
3
A dangerous substance which —
a
is a new substance not listed in the approved supply list; and
b
has been notified in accordance with regulation 4 or 6(1) or (2) of the NONS Regulations,
shall be classified in conformity with that notification.
4
Subject to paragraph (5), a dangerous substance which is not classified in accordance with paragraph (2) or (3) shall be classified —
a
by ascertaining which of the properties specified in Column 2 of Schedule 1 applies to the dangerous substance and by placing the dangerous substance in one or more of the categories of danger specified in the corresponding entry in Column 1 of that part;
b
by assigning to the dangerous substance the appropriate risk phrases by the use of the criteria set out in the approved classification and labelling guide; and
c
where it is proposed to classify a dangerous substance in the category of danger carcinogenic, mutagenic or toxic for reproduction, by an assessment of the evidence by a competent person.
5
Before a dangerous substance is classified in accordance with paragraph (4), the person carrying out the classification shall make himself aware of all relevant and accessible data which may exist in relation to the dangerous substance in question.
6
Where a manufacturer, distributor or importer has classified a substance, in accordance with the provisions of paragraph (4), as a dangerous substance in the category of danger carcinogenic, mutagenic or toxic for reproduction, that person shall send to the Executive as soon as possible a document —
a
summarising the information on which the classification was based; and
b
including all relevant references and unpublished data,
unless that document has already been sent to the relevant authority in another EEA State in which the dangerous substance has been supplied.
7
A dangerous preparation shall be classified in accordance with Schedule 3 and, where applicable, by use of the criteria contained in the approved classification and labelling guide.
Safety data sheets for dangerous substances, dangerous preparations and certain other preparations
5
1
Subject to paragraph (7), the supplier of a dangerous substance or dangerous preparation shall provide the recipient of that dangerous substance or dangerous preparation with a safety data sheet —
a
which contains the information under the headings specified in Schedule 4 to enable that recipient to take the necessary measures relating to —
i
health and safety at work, and
ii
the protection of the environment;
b
which clearly shows the date of first publication, or the latest revision, as the case may be;
c
free of charge; and
d
no later than the date on which the dangerous substance or the dangerous preparation is supplied to that recipient for the first time.
2
Subject to paragraph (7), the supplier of a preparation of the type specified in paragraph (3) shall provide free of charge to a professional user a safety data sheet which —
a
contains proportionate information under the headings specified in Schedule 4 relating to that preparation; and
b
clearly shows the date of first publication, or the latest revision, as the case may be,
when requested to do so by that professional user.
3
Paragraph (2) refers to a preparation which is not a dangerous preparation but which contains in an individual concentration of ≥1% by weight for non-gaseous preparations and ≥0.2% by volume for gaseous preparations —
a
a dangerous substance which has been classified in respect of its health or environmental effects; or
b
a substance for which there is a Community workplace exposure limit.
4
The supplier of a dangerous substance or preparation to which this regulation applies shall keep the safety data sheet relating to that dangerous substance or preparation up to date and revise it forthwith if any significant new information relating to safety at work, risks to the health of any person or the protection of the environment becomes available in relation to that dangerous substance or preparation.
5
When a supplier revises a safety data sheet in accordance with paragraph (4), he shall ensure that the safety data sheet is clearly marked with the word “Revision”.
6
When a supplier revises a safety data sheet in accordance with paragraph (4), he shall —
a
in respect of a dangerous substance or dangerous preparation, provide every person who has received that dangerous substance or dangerous preparation within a period of 12 months preceding the date of the revision with a copy of the revised safety data sheet free of charge; or
b
in respect of a preparation specified in paragraph (3), provide every person who —
i
has received that preparation within a period of 12 months preceding the date of the revision, and
ii
requested a copy of the safety data sheet in accordance with paragraph (2),
with a copy of the revised safety data sheet free of charge, and shall draw the attention of every such person to the revisions in the safety data sheet.
7
Subject to paragraph (8), a supplier shall not be required to provide a safety data sheet with a dangerous substance or preparation to which this regulation applies provided that —
a
the dangerous substance or preparation is sold to the general public in the circumstances to which paragraph (4) or (5) of regulation 14 applies; and
b
sufficient information is provided to enable the user of that dangerous substance or preparation to take the necessary measures as regards the protection of health and safety.
8
Where a person buys a dangerous substance or preparation to which this regulation applies for use at work in the circumstances to which paragraph (4) or (5) of regulation 14 applies, when requested to do so by that person, the supplier of the dangerous substance or preparation in question shall provide that person with a copy of the safety data sheet relating to that dangerous substance or preparation free of charge.
9
If a supplier provides a safety data sheet in accordance with paragraph (8), paragraph (6) shall not apply.
10
The information contained in a safety data sheet provided under this regulation shall be in English.
11
A supplier may provide a safety data sheet or a revision to a safety data sheet under this regulation by electronic communication provided that he has established that the person to whom the safety data sheet, or the revision to a safety data sheet, will be provided has the equipment to enable him to receive the electronic communication.
12
In this regulation, “supply” shall not include supply by way of —
a
offer for sale, and
b
returning a dangerous substance or preparation to which this regulation applies to the person who supplied it, provided that the properties of that dangerous substance or preparation remain unchanged,
and “supplier” shall be construed accordingly.
Advertisements for dangerous substances and dangerous preparations
6
1
Subject to paragraph (2), a person who supplies a dangerous substance or dangerous preparation shall not advertise that dangerous substance or dangerous preparation, or arrange for the production of any such advertisement, unless mention is made in the advertisement of the type of hazard indicated on the label.
2
Paragraph (1) shall only apply in respect of a dangerous preparation where the advertisement enables a person, otherwise than in the course of a business, to conclude a contract to purchase the dangerous preparation before that person has seen the label relating to the dangerous preparation.
3
In this regulation “supply” has the same meaning as it has in section 46 of the Consumer Protection Act 1987 .
Packaging of dangerous substances and dangerous preparations
7
1
No person shall supply a dangerous substance, dangerous preparation or preparation specified in regulation 11(3) unless it is in a package and —
a
subject to paragraph (2), the receptacle containing the dangerous substance or dangerous preparation is designed and constructed so that its contents cannot escape;
b
the materials constituting the packaging and fastenings are not susceptible to adverse attack by the contents or liable to form dangerous compounds with the contents;
c
the packaging and fastenings are strong and solid throughout to ensure that they will not loosen and will meet the normal stresses and strains of handling; and
d
any replaceable fastening fitted to the receptacle containing the dangerous substance or dangerous preparation is designed so that the receptacle can be repeatedly refastened without the contents of the receptacle escaping.
2
Paragraph (1)(a) shall not apply where a special safety device is fitted to the receptacle.
3
Packaging and fastenings shall be deemed to comply with the requirements of paragraph (1)(a) to (c) if they comply with the relevant requirements of —
a
the CDGCPL Regulations;
b
the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 ; or
c
the Air Navigation (Dangerous Goods) Regulations 1994 .
Labelling of dangerous substances and dangerous preparations
8
1
Subject to regulations 9 and 10 of the CDGCPL Regulations (which allow combined carriage and supply labelling in certain circumstances) and paragraphs (8) to (12), no person shall supply a dangerous substance or dangerous preparation unless the particulars specified in paragraph (2) relating to a dangerous substance or paragraph (3) relating to a dangerous preparation are clearly shown in accordance with the requirements of regulation 10 —
a
on the receptacle containing the dangerous substance or dangerous preparation; and
b
if that receptacle is inside one or more layers of packaging, on any such layer which is likely to be the outermost layer of packaging during the supply or use of the dangerous substance or dangerous preparation, unless such packaging permits the particulars shown on the receptacle or other packaging to be clearly seen.
2
The particulars required under paragraph (1) in relation to a dangerous substance shall be —
a
the name, full address and telephone number of a person in an EEA State who is responsible for supplying the substance, whether he be its manufacturer, importer or distributor;
b
the name of the substance, being —
i
where the substance appears in the approved supply list, the name or one of the names listed therein for that substance, or
ii
where the substance does not appear in the approved supply list, an internationally recognised name;
c
the following particulars ascertained in accordance with Part I of Schedule 5, namely —
i
any indications of danger together with corresponding symbols,
ii
the risk phrases, set out in full,
iii
the safety phrases, set out in full, and
iv
any EC number and, in the case of a substance which is listed in Part I of the approved supply list, the words “EC label”; and
d
where required by paragraph (4) or (5), the labelling phrase specified therein.
3
The particulars required under paragraph (1) in relation to a dangerous preparation shall be —
a
the name, full address and telephone number of a person in an EEA State who is responsible for supplying the preparation, whether he be its manufacturer, importer or distributor;
b
the trade name or other designation of the preparation;
c
the following particulars ascertained in accordance with Part I of Schedule 5, namely —
i
identification of the constituents of the preparation which result in it being classified as a dangerous preparation,
ii
any indications of danger together with corresponding symbols,
iii
the risk phrases, set out in full,
iv
the safety phrases, set out in full,
v
in the case of a preparation intended for sale to the general public, the nominal quantity (nominal mass or nominal volume);
d
where required by paragraph 5(4) of Part I of Schedule 3, the words specified in that paragraph; and
e
where required by paragraph (4) or (5), the labelling phrase specified therein.
4
Subject to paragraph (6), and without prejudice to any other requirements in these Regulations, in respect of a substance specified in Schedule 2 to the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 or a preparation containing such a substance, either of which is required to be classified and labelled in accordance with these Regulations, as —
a
carcinogenic of category 1 or 2;
b
mutagenic of category 1 or 2; or
c
toxic for reproduction of category 1 or 2,
the labelling phrase “Restricted to professional users” shall be included in the particulars specified in paragraph (2) or (3), as the case may be.
5
Without prejudice to any other requirements in these Regulations, in respect of —
a
a substance specified in regulation 6D of the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994; or
b
a preparation containing such a substance in a concentration by weight of 0.1% or more,
whether or not that substance is a dangerous substance or that preparation is a dangerous preparation, as the case may be, the labelling phrase “For use in industrial installations only” shall be included in the particulars specified in paragraph (2) or (3), as the case may be.
6
Paragraph 4 shall not apply to —
a
petrol as defined in regulation 2 of the Motor Fuel (Composition and Content) Regulations 1999 ;
b
mineral oil products intended for use as fuel in mobile or fixed combustion plants;
c
fuels sold in closed systems; and
d
artists' paints.
7
Without prejudice to paragraph 4 of Schedule 2 to the Plant Protection Products Regulations, indications such as “non-toxic”, “non-harmful”, “non-polluting”, “ecological” or any other statement indicating that the dangerous substance or preparation is not dangerous or that is likely to lead to underestimation of the dangers of the dangerous substance or preparation shall not appear on the package.
8
Where paragraph (9) applies, the packaging of a dangerous substance or dangerous preparation classified in one or more of the categories of danger harmful, extremely flammable, highly flammable, flammable, irritant or oxidising shall not be required to be labelled in respect of that hazardous property.
9
This paragraph shall apply where the package contains such small quantities of that substance or preparation that there is no foreseeable risk, under conditions of supply, use and disposal, arising from that hazardous property to persons handling that substance or preparation or to other persons.
10
The packaging of a dangerous preparation classified in the category of danger dangerous for the environment (with or without the “N” symbol) shall not be required to be labelled in respect of its environmental hazard in accordance with this regulation provided that it contains such small quantities of that preparation that there is no foreseeable risk, under conditions of supply, use and disposal, to the environment.
11
Where the package in which a dangerous substance is supplied does not contain more than 125 millilitres of that substance the risk phrases and safety phrases need not be shown if the dangerous substance is classified only in one or more of the categories of danger —
a
highly flammable, flammable, oxidising or irritant; or
b
harmful, provided the dangerous substance is not sold to the general public.
12
Where the package in which a dangerous preparation is supplied does not contain more than 125 millitres of that preparation —
a
the risk phrases and safety phrases need not be shown if the dangerous preparation is classified only in one or more of the categories of danger —
i
irritant (except those assigned the risk phrase R41),
ii
dangerous for the environment and assigned the N symbol,
iii
oxidising, or
iv
highly flammable; and
b
the safety phrases need not be shown if the dangerous preparation is classified only in one or more of the categories of danger —
i
flammable, or
ii
dangerous for the environment and not assigned the N symbol.
13
Where a dangerous substance or dangerous preparation is required to be labelled in accordance with these Regulations and is so labelled, that labelling shall be deemed to satisfy the requirements of —
a
section 5 of the Petroleum (Consolidation) Act 1928 including that section as applied to any dangerous substance by an Order in Council made under section 19 of that Act;
b
regulation 6 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 ; and
c
regulations 3 and 4 of the Farm and Garden Chemicals Regulations 1971 .
Particular labelling requirements for certain preparations
9
1
In the case of preparations to which Part II of Schedule 5 applies the appropriate provisions of that Part shall have effect to regulate the labelling of such preparations.
2
Subject to regulations 9 and 10 of the CDGCPL Regulations (which allow combined carriage and supply labelling in certain circumstances), no person shall supply a preparation to which section B or C of Part II of Schedule 5 applies unless the trade name or other designation of that preparation and the name, full address and telephone number of a person in an EEA State who is responsible for supplying that preparation (whether he be its manufacturer, importer or distributor) are clearly shown in accordance with the requirements of regulation 10 —
a
on the receptacle containing that preparation; and
b
if that receptacle is inside one or more layers of packaging, on any such layer which is likely to be the outermost layer of packaging during the supply or use of that preparation, unless such packaging permits the particulars shown on the receptacle or other packaging to be clearly seen.
3
The supplier of an aerosol dispenser which contains a dangerous substance or dangerous preparation which has been classified in the category of danger “flammable”, “highly flammable” or “extremely flammable” may choose to omit from the label —
a
in the case of a dangerous substance, the particulars referred to in paragraphs (i) to (iii) of regulation 8(2)(c) which relate to that category of danger; and
b
in the case of a dangerous preparation, the particulars referred to in paragraphs (ii) to (iv) of regulation 8(3)(c) which relate to that category of danger,
provided the conditions specified in paragraph (4) are satisfied.
4
The conditions referred to in paragraph (3) are that the supplier —
a
is in possession of evidence which shows that the contents of the aerosol dispenser do not present a risk of ignition under normal or reasonably foreseeable conditions of use; and
b
identifies the quantity of flammable material contained in the aerosol dispenser in the form of the following inscription on the label —
“X% by mass of the contents are flammable”.
5
In the case of a plant protection product approved under the Plant Protection Products Regulations or a product approved under the Control of Pesticides Regulations 1986 , the labelling information required by these Regulations shall be accompanied by the wording “To avoid risks to man and the environment, comply with the instructions for use”.
Methods of marking or labelling packages
10
1
Any package which is required to be labelled in accordance with regulations 8 and 9 may carry the particulars required to be on the label clearly and indelibly marked on a part of that package reserved for that purpose and, unless the context otherwise requires, any reference in these Regulations to a label includes a reference to that part of the package so reserved.
2
Subject to paragraph (7), any label required to be carried on a package shall be securely fixed to the package with its entire surface in contact with it and the label shall be clearly and indelibly printed.
3
The colour and nature of the marking shall be such that any symbol and the wording stand out clearly from the background and the wording shall be of such size and spacing as to be easily read.
4
The package shall be so labelled that the particulars can be read horizontally when the package is set down normally.
5
Subject to paragraph (7), the dimensions of the label required under regulation 8 shall be as follows —
Capacity of package Dimensions of label
(a) not exceeding 3 litres if possible at least 52 × 74 millimetres (b) exceeding 3 litres but not exceeding 50 litres at least 74 × 105 millimetres (c) exceeding 50 litres but not exceeding 500 litres at least 105 × 148 millimetres (d) exceeding 500 litres at least 148 × 210 millimetres
6
A symbol required to be shown in accordance with regulation 8(2)(c)(i) or 8(3)(c)(ii) and specified in column 3 of Schedule 2 shall be printed in black on an orange-yellow background and its size (including the orange-yellow background) shall be at least equal to an area of one-tenth of that of a label which complies with paragraph (5) and shall not in any case be less than 100 square millimetres.
7
If the package is an awkward shape or so small that it is unsuitable to attach a label complying with paragraphs (2) and (5), the label shall be attached in some other appropriate manner.
Child resistant fastenings, tactile warning devices and other consumer protection measures
11
1
The British and International Standards referred to in this regulation are further described in Schedule 6.
2
Subject to paragraph (4) and (5), no person shall supply to the general public a substance or a preparation specified in paragraph (3) in a receptacle of any size fitted with —
a
a replaceable closure unless the packaging complies with the requirements of BS EN 28317 or ISO 8317; or
b
a non-replaceable closure unless the packaging complies with the requirements of EN 862.
3
The substances and preparations referred to in paragraph (2) are —
a
dangerous substances and dangerous preparations which are required to be labelled with the indication of danger “very toxic”, “toxic” or “corrosive”;
b
preparations containing methanol in a concentration equal to or more than 3% by weight;
c
preparations containing dichloromethane in a concentration equal to or more than 1% by weight;
d
substances which are assigned the risk phrase (R65) in the approved supply list, except where such a substance is supplied in an aerosol dispenser or a container fitted with a sealed spray attachment; and
e
substances and preparations which are assigned the risk phrase (R65) and are classified and labelled according to the approved classification and labelling guide, except where such a substance or preparation is supplied in an aerosol dispenser or a container fitted with a sealed spray attachment.
4
Paragraph (2) shall not apply if the person supplying the substance or preparation in question can show that it is obvious that the packaging in which the substance or preparation is supplied is sufficiently safe for children because they cannot obtain access to the contents without the help of a tool.
5
If the packaging, in which a substance or preparation specified in paragraph (3) is supplied to the general public, was approved on or before 31st May 1993 by the British Standards Institution as complying with the requirements of BS 6652, that packaging shall be deemed to comply with the requirements of BS EN 28317.
6
No person shall supply a dangerous preparation or a preparation specified in paragraph (3) to the general public if the packaging in which that preparation is supplied has —
a
either a shape or a designation or both likely to attract or arouse the active curiosity of children or to mislead consumers;
b
either a presentation or a designation or both used for —
i
human or animal foodstuffs,
ii
medicinal products, or
iii
cosmetic products.
7
Subject to paragraph (9), no person shall supply to the general public a dangerous substance or a dangerous preparation specified in paragraph (8) in a receptacle of any size, unless the packaging in which that dangerous substance or dangerous preparation is supplied carries a tactile warning of danger in accordance with EN ISO 11683.
8
The dangerous substances and the dangerous preparations referred to in paragraph (7) are those which are required to be labelled with one or more of the following indications of danger, namely —
a
very toxic;
b
toxic;
c
corrosive;
d
harmful;
e
extremely flammable; or
f
highly flammable.
9
Paragraph (7) shall not apply to an aerosol dispenser which is classified and labelled only with the indication of danger extremely flammable or highly flammable.
10
For the purpose of ascertaining whether there has been a contravention of paragraph (2), a duly authorised officer of the enforcing authority may require the person supplying a substance or a preparation to which that paragraph applies to provide him with a certificate from a qualified test house stating that —
a
the closure is such that it is not necessary to test to BS EN 28317 or ISO 8317; or
b
the closure has been tested and found to conform to BS EN 28317 or ISO 8317.
11
In this regulation, “qualified test house” means a laboratory that conforms to BS 7501 or EN 45 000.
Retention of data for dangerous preparations
12
1
The person who is responsible for first supplying a dangerous preparation shall maintain a record of the information —
a
used for the purposes of classifying that dangerous preparation in accordance with regulation 4;
b
used for the purposes of labelling that dangerous preparation in accordance with regulation 8;
c
relating to any child resistant fastening or any tactile warning which forms part of the packaging in which the dangerous preparation in question is contained; and
d
used for the purposes of preparing the safety data sheet relating to that dangerous preparation in accordance with regulation 5,
for at least three years after the date on which that dangerous preparation was supplied by him for the last time.
2
When requested by the enforcing authority to do so, a person referred to in paragraph (1) shall make the record, or a copy of the record, maintained by him in accordance with that paragraph, available to the enforcing authority within 28 days of the date of the request.
3
When requested to do so by the enforcing authority, a person who supplies a dangerous preparation shall provide to the enforcing authority a copy of any certificate issued by a qualified test house.
PART III
MISCELLANEOUS
Exemption certificates
13
1
Subject to paragraph (2), the Executive may by a certificate in writing exempt —
a
any person or class of persons;
b
any substance or preparation; or
c
any class of such substances or preparations,
from all or any of the requirements of, or prohibitions imposed by, these Regulations.
2
An exemption granted under paragraph (1) may be granted subject to conditions and to a limit of time and may be revoked by the Executive at any time by a certificate in writing.
3
The Executive shall not grant an exemption pursuant to paragraph (1) unless, having regard to the circumstances of the case, and in particular to —
a
any conditions which 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 neither the health nor the safety of persons who are likely to be affected by the exemption will be prejudiced in consequence of it.
Enforcement
14
1
To the extent that they would not otherwise do so, sections —
a
16 to 26 (approval of codes of practice and enforcement);
b
33 to 42 (provisions as to offences); and
c
47(2),
of the 1974 Act shall apply to these Regulations as if they were health and safety Regulations for the purposes of that Act.
2
Any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive under or in respect of health and safety Regulations (including their enforcement) shall be exercisable as if these Regulations were health and safety Regulations for the purposes of that Act to the extent that they would not otherwise be so.
3
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1998 and subject to paragraphs (4) and (5), the enforcing authority for these Regulations shall be the Executive.
4
Subject to paragraph (5), where a dangerous substance or a dangerous preparation is supplied in or from premises which are registered under section 75 of the Medicines Act 1968 , the enforcing authority for these Regulations shall be the Royal Pharmaceutical Society.
5
The enforcing authority for these Regulations shall be the local weights and measures authority —
a
where a dangerous substance or a dangerous preparation is supplied other than in the circumstances referred to in paragraph (4), —
i
in or from any shop, mobile vehicle, market stall or other retail outlet, or
ii
otherwise to members of the public, including by way of free sample, prize or mail order;
b
for regulations 6 and 11.
6
In every case where, by virtue of this regulation, these Regulations are enforced by the Royal Pharmaceutical Society or the local weights and measures authority, they shall be enforced as if they were safety regulations made under section 11 of the Consumer Protection Act 1987 and the provisions of section 12 of that Act shall apply to these Regulations as if they were safety regulations and as if the maximum period of imprisonment on summary conviction specified in subsection (5) thereof were 3 months instead of 6 months.
Defence
15
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Transitional provisions
16
1
Until 30th July 2002 it shall be sufficient compliance with the requirements of these Regulations if the requirements of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 are complied with as in force immediately before these Regulations came into force.
2
In respect of a preparation which is a biocidal product within the meaning of the Biocidal Products Regulations 2001 , until 30th July 2004 it shall be sufficient compliance with the requirements of these Regulations if the requirements of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 are complied with as in force immediately before these Regulations came into force.
3
These Regulations shall not apply to a preparation which is —
a
an approved plant protection product under the Plant Protection Products Regulations; or
b
an approved biocidal product under the Biocidal Products Regulations 2001,
until 30th July 2004.
4
These Regulations shall not apply to a preparation which is —
a
a biocidal product within the meaning of the Biocidal Products Regulations 2001; or
b
a plant protection product,
and which is an approved product under the Control of Pesticides Regulations 1986 until 30th July 2004.
5
In this regulation, “biocidal product” does not include a biocidal product which is a basic substance as defined in article 2 of Directive 98/8 of the European Parliament and the Council concerning the placing of biocidal products on the market.
Extension outside Great Britain
17
These Regulations shall apply to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 as they apply to activities within Great Britain.
Revocations and modifications
18
1
The instruments specified in column 1 of Schedule 7 shall be revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
2
In the CDGCPL Regulations —
a
for regulations 9 and 10 there shall be substituted the following regulations —
Derogations from regulation 8 of the supply Regulations and regulation 8 of these Regulations
9
1
Where a package would otherwise be required to show the particulars required by both regulation 8 of the supply Regulations and regulation 8 of these Regulations, it shall be sufficient compliance with both of those regulations if the package shows in accordance with regulation 11 the particulars specified in the following paragraphs of this regulation.
2
Where the package consists of only a single receptacle, the specified particulars are the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or paragraph (3)(a), (b), (c)(i), (iii), (iv) and (v) in the case of preparations) of regulation 8 of the supply Regulations and paragraph (2)(b), (c) and (d) of regulation 8 of these Regulations.
3
Where the package consists of one or more receptacles in outer packagings, the specified particulars are either the particulars required by paragraph (2) or the particulars required by regulation 8.
4
Where, to facilitate handling, a package consists of two or more smaller packages held together in such a way that the labels on those smaller packages can be clearly seen, then it shall be sufficient compliance with paragraph (3) if those smaller packages are labelled in accordance with that paragraph.
5
In this regulation “preparations” and “indication of danger” have the same meaning as in the supply Regulations.
Derogations from regulation 8 of the supply Regulations
10
1
Where a package is required to show the particulars required by regulation 8 of the supply Regulations, but is excepted from showing the particulars required by regulation 8 of these Regulations because it shows the particulars required by any of the transport rules specified in regulation 3(1)(a) to (f), it shall be sufficient compliance with regulation 8 of the supply Regulations if the package shows the particulars specified in the following paragraphs of this regulation.
2
Where the package consists of only a single receptacle, the specified particulars are —
a
the particulars required by whichever of the transport rules is appropriate; and
b
the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or paragraph (3)(a), (b), (c)(i), (iii), (iv) and (v)) of regulation 8 of the supply Regulations in accordance with regulation 11.
3
Where the package consists of one or more receptacles in outer packagings, the specified particulars are those required by whichever of the transport rules is appropriate.
4
In this regulation “indication of danger” has the same meaning as in the supply Regulations.
; and
b
in paragraph (5) of regulation 11, for the words “regulation 9 of the supply Regulations” there shall be substituted “regulation 8 of the supply Regulations”.
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
28th June 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Local Government Commission for England (Winding-up) Order 2002 and shall come into force on 1st August 2002.
Winding up
2
The Secretary of State hereby directs that the Local Government Commission for England shall cease to exist forthwith.
Consequential amendments and repeals
3
The provisions specified in the third column of the table in the Schedule to this Order are hereby repealed.
Signed by authority of the Secretary of State.
Chris Leslie
Parliamentary Under-Secretary of State,
Office of the Deputy Prime Minister
1st July 2002


text:
Citation and commencement
1
This Order may be cited as the Royal Mint Trading Fund (Extension and Variation) Order 2002 and shall come into force on 1st April 2002.
Extension of the Fund
2
As from 1st April 2002, the operations of the Fund shall be extended to the operations of the Royal Mint consisting of the manufacture and supply of gifts and collectible items, other than coins, and any operation incidental or conducive to such manufacture or supply.
Appropriation of assets and liabilities to the fund
3
Crown assets consisting of —
a
part of the building known as Building 2 (Ancillary Services), Royal Mint, Llantrisant, South Wales;
b
fixtures, fittings, machinery and equipment; and
c
debtors,
and Crown liabilities consisting of creditors, being assets and liabilities properly attributable to the operations to which the Fund is extended by article 2 of this Order, shall be appropriated as assets and liabilities of the Fund.
Limitation of total indebtedness
4
The total outstanding at any given time in respect of amounts issued to the Fund by way of loan from the National Loans Fund under section 2B of the 1973 Act (other than as originating debt), together with the total amount at that time constituting public dividend capital issued to the Fund under section 2A(2A) of the 1973 Act, shall not exceed £50 million.
Gordon Brown
Chancellor of the Exchequer
26th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Berkshire Community Health National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the East Berkshire Community Health National Health Service Trust ;
“the new Trust” means the Berkshire Healthcare National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 11th February 2001 and on behalf of the new Trust on 12th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Control of Lead at Work Regulations 2002 and shall come into force on 21st November 2002.
Interpretation
2
1
In these Regulations:
“action level” means a blood-lead concentration of —
in respect of a woman of reproductive capacity, 25 μg/dl;
in respect of a young person, 40 μg/dl; or
in respect of any other employee, 50 μg/dl;
“appointed doctor” means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;
“approved” means approved for the time being in writing;
“biological monitoring” includes the measuring of a person’s blood-lead concentration or urinary lead concentration by atomic absorption spectroscopy;
“control measure” means a measure taken to reduce exposure to lead (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment);
“employment medical adviser” means an employment medical adviser appointed under section 56 of the Health and Safety at Work etc. Act 1974;
“glaze” does not include engobe or slip;
“hazard” means the intrinsic property of lead which has the potential to cause harm to the health of a person, and “hazardous” shall be construed accordingly;
“lead” means lead (including lead alkyls, lead alloys, any compounds of lead and lead as a constituent of any substance or material) which is liable to be inhaled, ingested or otherwise absorbed by persons except where it is given off from the exhaust system of a vehicle on a road within the meaning of section 192 of the Road Traffic Act 1988 ;
“lead alkyls” means tetraethyl lead or tetramethyl lead;
“leadless glaze” means a glaze which contains less than 0.5 per cent lead by weight of the element lead calculated with reference to the total weight of the preparation;
“low solubility glaze” means a glaze which does not yield to dilute hydrochloric acid more than 5 per cent of its dry weight of a soluble lead compound when determined in accordance with a method approved by the Health and Safety Commission;
“medical surveillance” means assessment of the state of health of an employee, as related to exposure to lead, and includes clinical assessment and biological monitoring;
“occupational exposure limit for lead” means in relation to —
lead other than lead alkyls, a concentration of lead in the atmosphere to which any employee is exposed of 0.15 mg/m 3 ; and
lead alkyls, a concentration of lead contained in lead alkyls in the atmosphere to which any employee is exposed of 0.10 mg/m 3 ,
assessed —
by reference to the content of the element lead in the concentration, and
in relation to an 8-hour time-weighted average reference period when calculated by a method approved by the Health and Safety Commission;
“personal protective equipment” means all equipment (including clothing) which is intended to be worn or held by a person at work and which protects that person against one or more risks to his health, and any addition or accessory designed to meet that objective;
“public road” means (in England and Wales) a highway maintainable at the public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning assigned to that term by section 151 of the Roads (Scotland) Act 1984 ;
“relevant doctor” means an appointed doctor or an employment medical adviser;
“risk”, in relation to the exposure of an employee to lead, means the likelihood that the potential for harm to the health of a person will be attained under the conditions of use and exposure and also the extent of that harm;
“the risk assessment” means the assessment of risk required by regulation 5(1)(a);
“safety data sheet” means a safety data sheet within the meaning of regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 ;
“significant” in relation to exposure to lead means exposure in the following circumstances —
where any employee is or is liable to be exposed to a concentration of lead in the atmosphere exceeding half the occupational exposure limit for lead;
where there is a substantial risk of any employee ingesting lead; or
where there is a risk of contact between the skin and lead alkyls or other substances containing lead which can be absorbed through the skin;
“substance hazardous to health” has the meaning assigned to it in regulation 2(1) of the Control of Substances Hazardous to Health Regulations 2002 ;
“suspension level” means —
a blood-lead concentration of —
in respect of a woman of reproductive capacity, 30 μg/dl,
in respect of a young person, 50 μg/dl, or
in respect of any other employee, 60 μg/dl; or
a urinary lead concentration of —
in respect of a woman of reproductive capacity, 25 μg Pb/g creatinine, or
in respect of any other employee, 110 μ Pb/g creatinine;
“woman of reproductive capacity” means an employee in respect of whom an entry has been made to that effect in that employee’s health record in accordance with regulation 10(14) by a relevant doctor;
“workplace” means any premises or part of premises used for or in connection with work, and includes —
any place within the premises to which an employee has access while at work; and
any room, lobby, corridor, staircase, road or other place —
used as a means of access to or egress from that place of work, or
where facilities are provided for use in connection with that place of work,
other than a public road;
“young person” means a person who has not attained the age of 18 and who is not a woman of reproductive capacity.
2
Any reference in these Regulations to either —
a
an employee being exposed to lead; or
b
any place being contaminated by lead,
is a reference to exposure to or, as the case may be, contamination by lead arising out of or in connection with work at the workplace.
Duties under these Regulations
3
1
Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer —
a
under regulation 10 (medical surveillance) shall not extend to persons who are not his employees other than employees of another employer who are working under the direction of the first-mentioned employer; and
b
under regulations 9, 11(1) and (2) and 12 (which relate respectively to monitoring, information and training and dealing with accidents) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee, except that regulation 9 (air monitoring) shall not apply to a self-employed person.
3
The duties imposed by these Regulations shall not extend to the master or crew of a sea-going ship or to the employer of such persons in relation to the normal shipboard activities of a ship’s crew under the direction of the master.
Prohibitions
4
1
No employer shall use a glaze other than a leadless glaze or a low solubility glaze in the manufacture of pottery.
2
No employer shall employ a young person or a woman of reproductive capacity in any activity specified in Schedule 1.
Assessment of the risk to health created by work involving lead
5
1
An employer shall not carry out work which is liable to expose any employees to lead unless he has —
a
made a suitable and sufficient assessment of the risk created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations; and
b
implemented the steps referred to in sub-paragraph (a).
2
The risk assessment shall include consideration of —
a
the hazardous properties of the lead;
b
information on health effects provided by the supplier, including information contained in any relevant safety data sheet;
c
the level, type and duration of exposure;
d
the circumstances of the work, including the amount of lead involved;
e
activities, such as maintenance, where there is the potential for a high level of exposure;
f
any relevant occupational exposure limit, action level and suspension level;
g
the effect of preventive and control measures which have been or will be taken in accordance with regulation 6;
h
the results of relevant medical surveillance;
i
the results of monitoring of exposure in accordance with regulation 9;
j
in circumstances where the work will involve exposure to lead and another substance hazardous to health, the risk presented by exposure to those substances in combination;
k
whether the exposure of any employee to lead is liable to be significant; and
l
such additional information as the employer may need in order to complete the risk assessment.
3
The risk assessment shall be reviewed regularly and forthwith if —
a
there is reason to suspect that the risk assessment is no longer valid;
b
there has been a significant change in the work to which the risk assessment relates;
c
the results of any monitoring carried out in accordance with regulation 9 show it to be necessary; or
d
the blood-lead concentration of any employee under medical surveillance in accordance with regulation 10 equals or exceeds the action level,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
4
Where the employer employs five or more employees, he shall record —
a
the significant findings of the risk assessment as soon as is practicable after the risk assessment is made; and
b
the steps which he has taken to meet the requirements of regulation 6.
Prevention or control of exposure to lead
6
1
Every employer shall ensure that the exposure of his employees to lead is either prevented or, where this is not reasonably practicable, adequately controlled.
2
In complying with his duty of prevention under paragraph (1), substitution shall by preference be undertaken, whereby the employer shall avoid, so far as is reasonably practicable, the use of lead at the workplace by replacing it with a substance or process which, under the conditions of its use, either eliminates or reduces the risk to the health of his employees.
3
Where it is not reasonably practicable to prevent exposure to lead, the employer shall comply with his duty of control under paragraph (1) by applying protection measures appropriate to the activity and consistent with the risk assessment, including, in order of priority —
a
the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials;
b
the control of exposure at source, including adequate ventilation systems and appropriate organizational measures; and
c
where adequate control of exposure cannot be achieved by other means, the provision of suitable personal protective equipment in addition to the measures required by sub-paragraphs (a) and (b).
4
The measures referred to in paragraph (3) shall include —
a
arrangements for the safe handling, storage and transport of lead, and of waste containing lead, at the workplace;
b
the adoption of suitable maintenance procedures;
c
reducing, to the minimum required for the work concerned —
i
the number of employees subject to exposure,
ii
the level and duration of exposure, and
iii
the quantity of lead present at the workplace;
d
the control of the working environment, including appropriate general ventilation; and
e
appropriate hygiene measures including adequate washing facilities.
5
Where, notwithstanding the control measures taken in accordance with paragraph (3), the exposure of an employee to lead is, or is liable to be, significant, the employer shall provide that employee with suitable and sufficient protective clothing.
6
Without prejudice to the generality of paragraph (1), where there is exposure to lead, control of that exposure shall, so far as the inhalation of lead is concerned, only be treated as being adequate if —
a
the occupational exposure limit for lead is not exceeded; or
b
where that occupational exposure limit is exceeded, the employer identifies the reasons for the limit being exceeded and takes immediate steps to remedy the situation.
7
Personal protective equipment provided by an employer in accordance with this regulation shall be suitable for the purpose and shall —
a
comply with any provision in the Personal Protective Equipment Regulations 2002 which is applicable to that item of personal protective equipment; or
b
in the case of respiratory protective equipment, where no provision referred to in sub-paragraph (a) applies, be of a type approved or shall conform to a standard approved, in either case, by the Executive.
8
Every employer who provides any control measure, other thing or facility in accordance with these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
9
Every employee shall make full and proper use of any control measure, other thing or facility provided in accordance with these Regulations and, where relevant, shall —
a
take all reasonable steps to ensure it is returned after use to any accommodation provided for it; and
b
if he discovers a defect therein, report it forthwith to his employer.
10
In this regulation, “adequate” means adequate having regard only to the nature and degree of exposure to lead and “adequately” shall be construed accordingly.
Eating, drinking and smoking
7
1
Every employer shall ensure, so far as is reasonably practicable, that his employees do not eat, drink or smoke in any place which is, or is liable to be, contaminated by lead.
2
An employee shall not eat, drink or smoke in any place which he has reason to believe to be contaminated by lead.
3
Nothing in this regulation shall prevent the provision and use of drinking facilities in a place which is liable to be contaminated by lead provided such facilities are not liable to be contaminated by lead and where they are required for the welfare of employees who are exposed to lead.
Maintenance, examination and testing of control measures
8
1
Every employer who provides any control measure to meet the requirements of regulation 6 shall ensure that, where relevant, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition.
2
Where engineering controls are provided to meet the requirements of regulation 6, the employer shall ensure that thorough examination and testing of those controls is carried out —
a
in the case of local exhaust ventilation plant, at least once every 14 months; and
b
in any other case, at suitable intervals.
3
Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 6, the employer shall ensure that thorough examination and, where appropriate, testing of that equipment is carried out at suitable intervals.
4
Every employer shall keep a suitable record of the examinations and tests carried out in accordance with paragraphs (2) and (3) and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
5
Every employer shall ensure that personal protective equipment, including protective clothing, is —
a
properly stored in a well-defined place;
b
checked at suitable intervals; and
c
when discovered to be defective, repaired or replaced before further use.
6
Personal protective equipment which may be contaminated by lead shall be removed on leaving the working area and kept apart from uncontaminated clothing and equipment.
7
The employer shall ensure that the equipment referred to in paragraph (6) is subsequently decontaminated and cleaned or, if necessary, destroyed.
Air monitoring
9
1
Where the risk assessment indicates that any of his employees are liable to receive significant exposure to lead, the employer shall ensure that the concentration of lead in air to which his employees are exposed is measured in accordance with a suitable procedure.
2
Subject to paragraph (3), the monitoring referred to in paragraph (1) shall be carried out at least every 3 months.
3
Except where the exposure referred to in paragraph (1) arises wholly or in part from exposure to lead alkyls, the interval between each occasion of monitoring may be increased to a maximum of 12 months where —
a
there has been no material change in the work or the conditions of exposure since the last occasion of monitoring; and
b
the lead in air concentration for each group of employees or work area has not exceeded 0.10 mg/m 3 on the two previous consecutive occasions on which monitoring was carried out.
4
The employer shall ensure that a suitable record of monitoring carried out for the purpose of this regulation is made and maintained and that that record or a suitable summary thereof is kept available for at least 5 years from the date of the last entry made in it.
5
Where an employee is required by regulation 10 to be under medical surveillance, an individual record of any monitoring carried out in accordance with this regulation shall be made, maintained and kept in respect of that employee.
6
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal monitoring record;
b
provide the Executive with copies of such monitoring records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all monitoring records kept by him.
Medical surveillance
10
1
Every employer shall ensure that each of his employees who is or is liable to be exposed to lead is under suitable medical surveillance by a relevant doctor where —
a
the exposure of the employee to lead is, or is liable to be, significant;
b
the blood-lead concentration or urinary lead concentration of the employee is measured and equals or exceeds the levels detailed in paragraph (2); or
c
a relevant doctor certifies that the employee should be under such medical surveillance,
and the technique of investigation is of low risk to the employee.
2
The levels referred to in paragraph (1)(b) are —
a
a blood-lead concentration of —
i
in respect of a woman of reproductive capacity, 20 μg/dl, or
ii
in respect of any other employee, 35 μg/dl; or
b
a urinary lead concentration of —
i
in respect of a woman of reproductive capacity, 20 μg Pb/g creatinine, or
ii
in respect of any other employee, 40 μg Pb/g creatinine.
3
Medical surveillance required by paragraph (1) shall —
a
so far as is reasonably practicable, be commenced before an employee for the first time commences work giving rise to exposure to lead and in any event within 14 working days of such commencement; and
b
subsequently be conducted at intervals of not more than 12 months or such shorter intervals as the relevant doctor may require.
4
Biological monitoring shall be carried out at intervals not exceeding those set out below —
a
in respect of an employee other than a young person or a woman of reproductive capacity, at least every 6 months, but where the results of the measurements for individuals or for groups of workers have shown on the previous two consecutive occasions on which monitoring was carried out a lead in air exposure greater than 0.075 mg/m 3 but less than 0.100 mg/m 3 and where the blood-lead concentration of any individual employee is less than 30 μg/dl, the frequency of monitoring may be reduced to once a year; or
b
in respect of any young person or a woman of reproductive capacity, at such intervals as the relevant doctor shall specify, being not greater than 3 months.
5
The employer shall ensure that an adequate health record in respect of each of his employees to whom paragraph (1) applies is made and maintained and that that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
6
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal health record;
b
provide the Executive with copies of such health records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all health records kept by him.
7
Where the blood-lead concentration for an employee equals or exceeds the appropriate action level, the employer shall take steps to determine the reason or reasons for the high level of lead in blood and shall, so far as is reasonably practicable, give effect to measures designed to reduce the blood-lead concentration of that employee to a level below the appropriate action level.
8
In any case where the blood-lead concentration or urinary lead concentration of an employee reaches the appropriate suspension level, the employer of that employee shall —
a
ensure that an entry is made in the health record of the employee by a relevant doctor certifying whether in the professional opinion of the doctor the employee should be suspended from work which is liable to expose that employee to lead;
b
ensure that a relevant doctor informs the employee accordingly and provides the employee with information and advice regarding further medical surveillance;
c
review the risk assessment;
d
review any measure taken to comply with regulation 6, taking into account any advice given by a relevant doctor or by the Executive; and
e
provide for a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a relevant doctor or by the Executive.
9
Further to paragraph (8)(a), where in the opinion of the relevant doctor the employee need not be suspended from work which is liable to expose that employee to lead the entry made in the health record shall include —
a
the reasons for that opinion; and
b
the conditions, if any, under which the employee may continue to be employed in such work.
10
Where a relevant doctor has certified by an entry in the health record of an employee that in his professional opinion that employee should not be engaged in work which exposes the employee to lead or that the employee should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in work which exposes that employee to lead except in accordance with the conditions, if any, specified in the health record, unless that entry has been cancelled by a relevant doctor.
11
Where medical surveillance is carried out on the premises of the employer, the employer shall ensure that suitable facilities are made available for the purpose.
12
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such medical surveillance procedures as may be required for the purposes of paragraph (1) and shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.
13
Where for the purpose of carrying out his functions under these Regulations a relevant doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer shall permit that doctor to do so.
14
The employer shall ensure that in respect of each female employee whose exposure to lead is or is liable to be significant an entry is made in the health record of that employee by a relevant doctor as to whether or not that employee is of reproductive capacity.
15
Where an employee or an employer is aggrieved by a decision recorded in the health record by a relevant doctor —
a
under paragraph (10) that an employee should not be engaged in work which exposes that employee to lead (or which imposes conditions on such work); or
b
under paragraph (14) that a female employee is of reproductive capacity,
the employee or employer may, by an application in writing to the Executive within 28 days of the date upon which the decision was notified to the employee or employer as the case may be, apply for that decision to be reviewed in accordance with a procedure approved by the Health and Safety Commission, and the result of that review shall be notified to the employee and employer and entered in the health record in accordance with the approved procedure.
Information, instruction and training
11
1
Every employer who undertakes work which is liable to expose an employee to lead shall provide that employee with suitable and sufficient information, instruction and training.
2
Without prejudice to the generality of paragraph (1), the information, instruction and training provided under that paragraph shall include —
a
details of the form of lead to which the employee is liable to be exposed including —
i
the risk which it presents to health,
ii
any relevant occupational exposure limit, action level and suspension level,
iii
access to any relevant safety data sheet, and
iv
other legislative provisions which concern the hazardous properties of that form of lead;
b
the significant findings of the risk assessment;
c
the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace;
d
the results of any monitoring of exposure to lead carried out in accordance with regulation 9; and
e
the collective results of any medical surveillance undertaken in accordance with regulation 10 in a form calculated to prevent those results from being identified as relating to a particular person.
3
The information, instruction and training required by paragraph (1) shall be —
a
adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
b
provided in a manner appropriate to the level, type and duration of exposure identified by the risk assessment.
4
Every employer shall ensure that any person (whether or not his employee) who carries out work in connection with the employer’s duties under these Regulations has suitable and sufficient information, instruction and training.
5
Where containers and pipes for lead used at work are not marked in accordance with any relevant legislation listed in Schedule 2, the employer shall, without prejudice to any derogations provided for in that legislation, ensure that the contents of those containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.
Arrangements to deal with accidents, incidents and emergencies
12
1
Subject to paragraph (4) and without prejudice to the relevant provisions of the Management of Health and Safety at Work Regulations 1999 , in order to protect the health of his employees from an accident, incident or emergency related to the presence of lead at the workplace, the employer shall ensure that —
a
procedures, including the provision of appropriate first-aid facilities and relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;
b
information on emergency arrangements, including —
i
details of relevant work hazards and hazard identification arrangements, and
ii
specific hazards likely to arise at the time of an accident, incident or emergency,
is available; and
c
suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs.
2
The employer shall ensure that information on the procedures and systems required by paragraph (1)(a) and (c) and the information required by paragraph (1)(b) is —
a
made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
b
displayed at the workplace, if this is appropriate.
3
Subject to paragraph (4), in the event of an accident, incident or emergency related to the presence of lead at the workplace, the employer shall ensure that —
a
immediate steps are taken to —
i
mitigate the effects of the event,
ii
restore the situation to normal, and
iii
inform those of his employees who may be affected; and
b
only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with —
i
appropriate personal protective equipment, and
ii
any necessary specialised safety equipment and plant,
which shall be used until the situation is restored to normal.
4
Paragraphs (1) and (3) shall not apply where —
a
the results of the risk assessment show that, because of the quantity of lead present at the workplace, there is only a slight risk to the health of employees; and
b
the measures taken by the employer to comply with the duty under regulation 6(1) are sufficient to control that risk.
Exemption certificates
13
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from all or any of the requirements or prohibitions imposed by regulations 4, 7, 8, 9(2) and (3) and 10(7) and (11) to (15) of 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, which 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 and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Extension outside Great Britain
14
These Regulations shall apply to and in relation to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 as those provisions apply within Great Britain.
Revocation and savings
15
1
The Control of Lead at Work Regulations 1998 are revoked.
2
Any record required to be kept under the Regulations revoked by paragraph (1) shall, notwithstanding that revocation, be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the Regulations so revoked.
Signed by order of the Secretary of State.
N. Brown
Minister of State,
Department for Work and Pensions
24th October 2002


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 10) (England) Order 2002.
2
In this Order, “ the Act ” means the Health and Social Care Act 2001.
3
This Order applies to England only.
Appointed day in respect of section 2 of the Act
2
1
Subject to paragraph (2), the appointed day for the coming into force of section 2 of the Act is 30th September 2002.
2
Section 2 shall come into force for the purposes of the year ending with 31st March 2003 and subsequent years.
Appointed day in respect of sections 5 and 18 of the Act
3
12th September 2002 is the appointed day for the coming into force of sections 5 and 18 of the Act.
David Cammy
Parliamentary Under Secretary of State
Department of Health
11th September 2002


text:
Citation and commencement
1
This Order may be cited as the Dingle Granby Toxteth Education Action Zone (Extension) Order 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In this Order —
“Dingle Granby Toxteth Education Action Zone” means the Education Action Zone established by the Dingle Granby Toxteth Education Action Zone Order 1999 .
The extension of the Dingle Granby Toxteth Education Action Zone
3
The Dingle Granby Toxteth Education Action Zone is extended for a further period of two years beginning with 10th January 2003.
David Miliband
Minister of State,
Department for Education and Skills
16th December 2002


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Boroughs of Halton, Thurrock and Warrington (Changes to Years of Elections) Order 2002 and shall come into force on 24th July 2002.
2
This Order applies in relation to England only .
3
In this Order —
“relevant borough” means the borough of a local authority specified in paragraph (a), (b), or (c) of article 2; and
“relevant parish” means the parish of a local authority described in paragraph (d) or (e) of article 2.
Specified authorities
2
The following local authorities are specified for the purposes of this Order —
a
the council of the borough of Halton;
b
the council of the borough of Thurrock;
c
the council of the borough of Warrington;
d
the parish councils of the parishes within the borough of Halton; and
e
the parish councils of the parishes within the borough of Warrington.
Changes to years of elections
3
1
The ordinary elections of councillors of a relevant borough that would, but for this Order, have taken place on the ordinary day of election of councillors in 2003 shall instead take place on the ordinary day of election of councillors in 2004.
2
The ordinary elections of councillors of a relevant borough that would, but for this Order, have taken place on the ordinary day of election of councillors in 2004 shall instead take place on the ordinary day of election of councillors in 2005.
3
The ordinary elections of parish councillors of a relevant parish that would, but for this Order, have taken place on the ordinary day of election of councillors in 2003 and every fourth year after 2003 shall instead take place on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
Retirement of councillors
4
1
Any councillor of a relevant borough and any parish councillor of a relevant parish holding office immediately before the fourth day after the ordinary day of election of councillors in 2003 who would, but for this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2004.
2
Any councillor of a relevant borough holding office immediately before the fourth day after the ordinary day of election of councillors in 2004 who would, but for this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2005.
3
The term of office of councillors of a relevant borough who are elected on the ordinary day of elections in 2004 or 2005 shall be three years.
4
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors of a relevant borough and parish councillors of a relevant parish shall be four years.
5
All councillors and parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors and parish councillors shall come into office on the day on which their predecessors retire.
Revocations
5
Article 3(10) and (11) of the Borough of Thurrock (Electoral Changes) Order 1997 , article 3(10) and (11) of the Borough of Halton (Electoral Changes) Order 1997 and article 4(10) and (11) of the Borough of Warrington (Parishes and Electoral Changes) Order 1997 are hereby revoked.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
26th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Essex Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the South Essex Health Authority ;
“the new Trust” means the South Essex Mental Health and Community Care National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 4th December 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
The General Osteopathic Council (Election of Members and Chairman of Council) Rules Order of Council 2001 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments and Miscellaneous Amendments) (No. 3) Regulations 2002 and shall come into force on 1st April 2003 for the purposes of regulations 2(2) and 4 and for all other purposes on 2nd November 2002.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended in accordance with the following provisions of this regulation.
2
In regulation 19 (time for claiming benefit) —
a
in paragraph (3)(ga) after “bereavement benefit” there shall be added “, except for a bereavement payment within the meaning of section 36 of the Contributions and Benefits Act”; and
b
after paragraph (3) there shall be inserted the following paragraph —
3A
The prescribed time for claiming a bereavement payment is 12 months beginning with the day on which, apart from satisfying the condition of making a claim, the claimant is entitled to such a payment.
.
3
Regulation 36 (payment to a partner as alternative payee) shall be renumbered paragraph (1) of regulation 36 and there shall be added the following paragraph —
2
Where a person is entitled to a winter fuel payment within the meaning of the Social Fund Winter Fuel Payment Regulations 2000 and —
a
that person is one of a married or unmarried couple or a member of a polygamous marriage;
b
the other member of that couple or another member of that marriage (“the other person”) is in receipt of income support or an income-based jobseeker’s allowance; and
c
both members of the couple or marriage are living together within the meaning of regulation 1(3)(b) of those Regulations ,
the Secretary of State may pay the winter fuel payment to the other person on behalf of the person entitled to the payment as an alternative to paying the person entitled notwithstanding that the other person has not yet attained the age of 60 in the qualifying week.
.
Amendment of the Social Fund Winter Fuel Payment Regulations 2000
3
In the Social Fund Winter Fuel Payment Regulations 2000, in regulation 2 (social fund winter fuel payments) after “regulation 3” there shall be inserted “and regulation 36(2) of the Social Security (Claims and Payments) Regulations 1987 ”.
Transitional provision
4
Regulation 2(2) of these Regulations shall only have effect in respect of a person who is entitled to a bereavement payment because of the death of a spouse occurring on or after 1st April 2003.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd October 2002