The REACH Enforcement Regulations 2008

• Citation: S.I. 2008/2852
• Sections: 264

Section 1 Citation and commencement

These Regulations may be cited as the REACH Enforcement Regulations 2008 and come into force on 1st December 2008.

Section 1A Application

These Regulations apply to—

(a) England and Wales and Scotland; and

(b) offshore installations in relevant waters, other than such waters within the seaward limits of the territorial sea adjacent to Northern Ireland.

Section 2 Interpretation

(1) In these Regulations—

“a listed REACH provision” means a provision of REACH listed in a REACH table ;

“ REACH ” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals as amended from time to time;

“ a REACH table ” means—

the table in Schedule 1 to these Regulations,

the table in Schedule 1A to these Regulations, or

the table in Schedule 1B to these Regulations;

“ the relevant REACH table ” means—

in relation to a listed REACH provision, the REACH table in which that REACH provision is listed;

in relation to an enforcement duty, the REACH table under which that enforcement duty arises.

(2) In these Regulations—

“asbestos-containing article” means an article in its entirety containing any of the asbestos fibres listed at point 6 of Annex XVII to REACH ;

“asbestos exemption certificate” has the meaning given in paragraph 2 of Schedule 5A;

“authorised person” means a person authorised by an enforcing authority under regulation 10;

...

“devolved administration or the Assembly” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;

“district council” has the meaning given by section 44 of the Interpretation Act (Northern Ireland) 1954;

“enforcement duty” means a duty placed on an enforcing authority under regulation 3;

“enforcing authority” means—

the Department of the Environment;

the Environment Agency;

the Health and Safety Executive;

the Health and Safety Executive for Northern Ireland;

a local (consumer safety) authority;

a local (health and safety) authority;

the Office of Rail Regulation the Office of Rail and Road ;

the Office for Nuclear Regulation;

the Scottish Environment Protection Agency;

the Secretary of State;

the Natural Resources Body for Wales;

“the Executive” means—

in Great Britain, the Health and Safety Executive;

in Northern Ireland, the Health and Safety Executive for Northern Ireland;

“a local (consumer safety) authority” means—

in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

in England outside Greater London, a county council or, in relation to an area for which there is a district council but no county council, the district council, and the Council of the Isles of Scilly;

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972 ;

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

in Wales, a county council or county borough council;

“a local (health and safety) authority” means—

in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

in England, outside Greater London, a district council or, in relation to an area for which there is a county council but no district council, the county council, and the Council of the Isles of Scilly;

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

in Wales, a county council or county borough council;

“offshore installation” means—

an offshore installation within the meaning of section 44(1) of the Petroleum Act 1998; or

a carbon storage installation within the meaning of section 30(5) of the Energy Act 2008;

“paint stripper” means material that, when applied to a coated substrate, softens the coating so that it can be removed easily, and “paint stripping” is to be construed accordingly;

“paint stripper containing dichloromethane” means any paint stripper containing dichloromethane in a concentration equal to or greater than 0.1% by weight;

“professional” means any person undertaking paint stripping in the course of their

professional activity other than within an industrial installation where the conditions set out in entry 59 paragraph 4 of Annex XVII to REACH are complied with.

“relevant nuclear site” means a site which is—

a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013);

an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or

a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

“railway” means—

except in Northern Ireland, any system of transport the operation of which is specified in regulation 3(2) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006;

in relation to Northern Ireland, any railway or tramway which in either case is used for the carriage of persons or goods;

“relevant waters”, in relation to an offshore installation, has the meaning given in section 44(4) of the Petroleum Act 1998;

“Scotland” includes Scottish controlled waters;

“Scottish controlled waters” means—

in relation to an offshore installation which is maintained (or intended to be established) for the purposes of the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998), any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974; and

in relation to any other offshore installation, waters within the seaward limits of the territorial sea adjacent to Scotland.

(3) Other expressions used in these Regulations which are used in REACH have the meaning they bear in REACH.

Section 3 Enforcement

(1) An enforcing authority must enforce a listed REACH provision where it is named against that provision in the relevant REACH table .

(2) The duty in paragraph (1) is subject to the following provisions of this regulation and regulations 3A and 6 .

(3) The enforcement duty commences—

(a) except for Article 67 of REACH, on 1st December 2008;

(b) for Article 67, on 1st June 2009.

(4) Except in relation to—

(a) an offshore installation; or

(b) a local (consumer safety) authority or a local (health and safety) authority,

the enforcement duty applies to an enforcing authority in the relevant part or parts of the United Kingdom shown at the head of the column in which the enforcing authority is named in the relevant REACH table .

(5) In relation to an offshore installation, the enforcement duty applies—

(a) for an installation in relevant waters (except such waters within the seaward limits of the territorial sea adjacent to Northern Ireland )—

(i) to the Health and Safety Executive; and

(ii) except in Scottish controlled waters, to the Secretary of State,

where they are named under the column heading “Offshore Installations” in the relevant REACH table ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for an installation in Scottish controlled waters, to the Scottish Environment Protection Agency, where that Agency is named under the column heading “Scotland” in the relevant REACH table .

(6) For a local (consumer safety) authority or a local (health and safety) authority, the enforcement duty applies to the area of that authority.

(7) The enforcement duty applies to an enforcing authority where enforcement of the listed REACH provision is a function of that authority.

(8) The functions of an enforcing authority for the purposes of these Regulations are set out in Schedule 2 (functions of enforcing authorities).

Section 3A Enforcement: relevant nuclear sites

(1) This regulation applies where the Office for Nuclear Regulation is named against any listed REACH provision in any column of the relevant REACH table .

(2) The enforcement duty, so far as it relates to that provision of REACH, in relation to anything done or omitted to be done, on a relevant nuclear site—

(a) applies to the Office for Nuclear Regulation;

(b) does not apply to any other enforcing authority.

(3) No enforcement duty applies to the Office for Nuclear Regulation except as provided by this regulation.

(4) Paragraph (5) applies where there is uncertainty as to what are the respective responsibilities of the Office for Nuclear Regulation and any other enforcing authority or enforcing authorities for the enforcement of any listed REACH provision in respect of any particular circumstances.

(5) The responsibility for enforcing the relevant listed REACH provision in that respect may be assigned by the Office for Nuclear Regulation and the other enforcing authority or enforcing authorities to—

(a) the Office for Nuclear Regulation; or

(b) any other enforcing authority or enforcing authorities.

(6) An assignment may only be made under paragraph (5)—

(a) by the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities acting jointly;

(b) where the Office for Nuclear Regulation and the other enforcing authority or all the other enforcing authorities agree—

(i) that there is uncertainty in the particular circumstances as to what are their respective responsibilities in relation to enforcement of the listed REACH provision in question; and

(ii) which authority is, or authorities are (as the case may be), more appropriate to be responsible for the enforcement in those circumstances.

(7) Where such an assignment is made, the authority or authorities to which responsibility is assigned must give notice of the assignment to persons affected by it.

(8) Nothing in this regulation affects the power of the Office for Nuclear Regulation and any other enforcing authority to agree arrangements under regulation 5(2).

Section 4 Co-operation and information sharing

(1) An enforcing authority must co-operate with—

(za) the Agency;

(zb) the appropriate authorities; and

(a) other enforcing authorities;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

where this will facilitate compliance with, or the effective enforcement of, REACH ....

(2) An enforcing authority must disclose to a person referred to in paragraph (1) information it holds in relation to compliance with, or the enforcement of, REACH where it believes—

(a) it is reasonable for it to make that disclosure; and

(b) the disclosure will facilitate compliance with, or the effective enforcement of, REACH ....

(3) The Commissioners for Revenue and Customs may disclose to an enforcing authority information obtained or held by the Commissioners in exercise of their functions in relation to imports—

(a) where the Commissioners believe it is appropriate to do so to facilitate the exercise of the duty of an enforcing authority under these Regulations; and

(b) whether or not the information has been requested by the enforcing authority.

Section 5 Enforcement agreements

(1) This regulation applies to agreements between an enforcing authority (“A”) and another enforcing authority (“B”) intended to facilitate the carrying out of an enforcement duty, or part of it.

(2) A may agree arrangements with B for B to carry out on A’s behalf any matters in relation to an enforcement duty that applies to A.

(3) Where an enforcement duty applies to both A and B, they may agree arrangements for performance of that duty to be divided between them in such a way as they consider to be administratively convenient.

(4) An agreement in respect of the matters in paragraph (2) or (3)—

(a) may deal with more than one listed REACH provision;

(b) must be in writing;

(c) must give sufficient particulars of the matters to which it relates; and

(d) may be made subject to limitations and conditions.

(5) Such an agreement—

(a) may be varied in writing by the parties, acting jointly;

(b) may be revoked by any party on sixty days notice in writing to the other party or parties to the agreement.

Section 6 Health and safety enforcement

(1) This regulation applies where the Executive is jointly under an enforcement duty with any of the following enforcing authorities, whether or not any other enforcing authority is also under an enforcement duty in respect of the same listed REACH provision—

(a) a local (health and safety) authority;

(b) the Office of Rail Regulation the Office of Rail and Road .

(2) Schedule 3 (health and safety enforcement) has effect.

(3) In circumstances not provided for under Schedule 3, the Executive must perform the joint duty on behalf of a local (health and safety) authority.

(4) The arrangements under Schedule 3 and the arrangement under paragraph (3) may be varied by an assignment made in accordance with regulation 3A or an enforcement agreement made in accordance with regulation 5.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7 Defence

(1) A person is exempt from compliance with a listed REACH provision if that person—

(a) has the benefit of a defence exemption certificate made by the Secretary of State in respect of that provision; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Schedule 4 (defence exemption certificates) has effect.

Section 8 Marketing and use of leaded paint

A person who markets or uses leaded paint does not breach the restriction on the marketing and use of leaded paint provided for by Article 67 of REACH where that person complies with the provisions of Schedule 5 (marketing and use of leaded paint).

Section 8A Placing asbestos-containing articles on the market

(1) A person who places an asbestos-containing article on the market does not breach the restriction on this activity provided for by Article 67 of REACH where—

(a) this is done in accordance with an asbestos exemption certificate; and

(b) the asbestos-containing article was installed or in service before 1st January 2005.

(2) Schedule 5A (placing asbestos-containing articles on the market) has effect.

Section 8B Placing on the market and use of paint stripper containing dichloromethane

(1) A person (“P”) who places on the market paint stripper containing dichloromethane for supply to a professional or to a person for use by a professional does not breach the restriction on this activity provided for by Article 67 of REACH where P complies with the provisions of paragraph 1 of Schedule 5B.

(2) A professional who uses paint stripper containing dichloromethane does not breach the restriction on this activity provided for by Article 67 of REACH where that professional complies with the provisions of paragraphs 2 and 3 of Schedule 5B.

(3) Schedule 5B (Placing on the market and use of paint stripper containing dichloromethane) has effect.

Section 9 Enforcement powers

(1) Schedule 6 (powers of enforcement) has effect.

(2) To facilitate the exercise of a duty of an enforcing authority under these Regulations, an officer of Revenue and Customs may detain, for not more than two working days, an article or substance which has been imported.

(3) Anything detained must be dealt with in such manner as the Commissioners for Revenue and Customs may direct.

(4) In paragraph (2), the reference to two working days has the meaning given in section 25A of the Health and Safety at Work etc Act 1974 (power of customs officer to detain articles and substances).

Section 10 Authorised persons

(1) An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf (“authorised persons”), subject to any limitations or conditions as the enforcing authority sees fit.

(2) Where—

(a) a person has been authorised by an enforcing authority under a provision relevant to that authority listed in Schedule 7 (authorisations); and

(b) unless the enforcing authority provides to the contrary,

that person is an authorised person for the purposes of paragraph (1) in respect of that authority.

Section 11 Offences

(1) Except in relation to Article 67 of REACH, it is an offence for a person to contravene a listed REACH provision or cause or permit another person to do so.

(2) On and after 1st June 2009, it is an offence for a person to contravene Article 67 of REACH or cause or permit another person to do so.

(3) It is an offence for a person when subject to paragraph 6 of Schedule 4 (defence exemption certificates)—

(a) to provide a false certificate or copy; or

(b) to fail to provide when requested, as appropriate—

(i) the defence exemption certificate;

(ii) a copy of the certificate made by the Secretary of State; or

(iii) a copy of an extract of the certificate made by the Secretary of State,

or cause or permit another person to do so.

(4) On and after 1st June 2009, it is an offence for a person to contravene paragraph 5(b) or 6 of Part 1 of Schedule 5 (marketing and use of leaded paint) or cause or permit another person to do so.

(5) Where a person (“P”) is charged with an offence for a contravention of Article 67 of REACH under regulation 11(2) of these Regulations for placing on the market paint stripper containing dichloromethane for supply to—

(a) a person who is not a professional; or

(b) a person for use by a person who is not a professional,

it is a defence that P took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

Section 12 Penalties

Any person guilty of an offence under regulation 11 is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both;

(b) on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.

Section 13 Offences

(1) It is an offence for a person—

(a) intentionally to obstruct an authorised person in the exercise or performance of the powers or duties of the authorised person; or

(b) to make a statement—

(i) which that person knows to be false or misleading in a material particular; or

(ii) recklessly and which is false or misleading in a material particular,

where the statement is made in purported compliance with a listed REACH provision or with a requirement to furnish any information imposed by or under these Regulations.

(2) Where an authorised person exercises the powers in Schedule 6 (powers of enforcement), it is an offence for a person—

(a) to fail to comply with—

(i) any requirement imposed by or made under those powers;

(ii) a notice described in that Schedule;

(b) to fail or refuse—

(i) to provide facilities or assistance; or

(ii) to permit any inspection,

when reasonably required by an authorised person;

or

(c) to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer.

(3) It is a defence for a person charged with an offence under paragraph (2) to prove that they had a reasonable excuse for the matters with which they are charged.

(4) It is an offence for a person to pretend to be an authorised person.

(5) It is an offence for a person to disclose the information described in paragraph (6) where—

(a) that person received that information from the Commissioners for Revenue and Customs; and

(b) the disclosure has not been made—

(i) with the prior consent of the Commissioners; or

(ii) pursuant to a legal obligation.

(6) The information referred to in paragraph (5) is information which relates to a person whose identity—

(a) is specified in the disclosure; or

(b) may be deduced from the disclosure,

but excludes information about internal administrative arrangements of Her Majesty’s Revenue and Customs (whether relating to Commissioners, officers or others).

(7) It is a defence for a person charged with an offence under paragraph (5) to prove that they believed that—

(a) the disclosure was lawful; or

(b) the information had already and lawfully been made available.

(8) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant.

Section 14 Penalties

(1) A person guilty of an offence under regulation 13 is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both;

(b) on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.

Section 15 Bodies corporate and Scottish partnerships

(1) Where an offence under this Part is committed by a body corporate and—

(a) it is committed with the consent or connivance of an officer; or

(b) it is attributable to any neglect on the officer’s part,

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) “Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with that member’s functions of management as if the member were a director of the body corporate.

(4) Where an offence under this Part is committed by a Scottish partnership and—

(a) it is committed with the consent or connivance of a partner; or

(b) it is attributable to any neglect on the partner’s part,

the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

(5) In paragraph (4) “partner” includes a person purporting to act as a partner.

Section 16 Power of court to order cause of offence to be remedied

(1) Paragraph (2) applies where a person is convicted of an offence under this Part in respect of any matters which appear to the court to be matters which it is in that person’s power to remedy.

(2) Where paragraph (1) applies, the court may order the person convicted—

(a) in addition to or instead of imposing any punishment; and

(b) within such time as may be fixed by the order,

to take such steps as may be specified in the order for remedying the matters in respect of which the person was convicted.

(3) The time fixed by an order under paragraph (2) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or extended under this paragraph, as the case may be.

(4) Where a person is ordered under paragraph (2) to remedy any matters, that person is not liable under regulation 11 or 13 in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (3).

Section 17 Appearance of authorised persons before a court of summary jurisdiction

(1) Where an authorised person is authorised in that behalf by—

(a) the Health and Safety Executive; ...

(b) the Health and Safety Executive for Northern Ireland; or

(c) the Office for Nuclear Regulation.

that person may, although not of counsel or a solicitor, prosecute before a court of summary jurisdiction proceedings for an offence committed under regulation 11 or 13.

(2) Paragraph (1) does not apply in Scotland.

Section 18 Criminal proceedings under regulation 11 or 13

(1) No criminal proceedings for an offence under regulation 11 or 13 may, in England and Wales, be instituted except—

(a) by an enforcing authority; or

(b) by or with the consent of the Director of Public Prosecutions.

(2) No criminal proceedings for an offence under regulation 11 or 13 may be instituted in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Section 19 Criminal proceedings against the Crown

(1) No contravention by the Crown of these Regulations makes the Crown criminally liable but the High Court or, in Scotland, the Court of Session, may on the application of an enforcing authority declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations.

(2) Notwithstanding paragraph (1), these Regulations apply to persons in the public service of the Crown as they apply to other persons.

Section 20 Proceedings before a civil court

If an enforcing authority is of the opinion that proceedings against a person for an offence under this Part would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.

Section 21 Appeals against notices

(1) Where a person is served with a notice described in paragraph (2), that person may appeal that notice.

(2) The following Parts of Schedule 8 (appeals) provide for the appeals procedure applicable to the notices described—

(a) Part 1, for a notice served under section 4 of Part 1 of Schedule 6 (powers of enforcement) by the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency or the Department of the Environment except a notice described in paragraph 27 of that section;

(b) Part 2, for a notice served under section 2 of Part 2 of Schedule 6 by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland , Office for Nuclear Regulation or a local (health and safety) authority;

(c) Part 3, for a notice served under section 2 of Part 3 of Schedule 6 by a local (consumer safety) authority;

(d) Part 4, for a notice served under section 2 of Part 4 of Schedule 6 by the Secretary of State.

Section 22 Service of documents

Schedule 9 (service of documents) has effect.

Section 23 Revocations and amendments

Schedule 10 (revocations and amendments) has effect.

Section 24 Review of these Regulations

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations in relation to England;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which the objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with 16 th December 2013.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Section 1

The functions of the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment are to—

(a) prevent, minimise, remedy or mitigate the effects of pollution of the environment;

(b) ensure the safety of the environment.

Section 2

Subject to paragraph 3, the functions of the Health and Safety Executive, the Health and Safety Executive for Northern Ireland , the Office for Nuclear Regulation and a local (health and safety) authority are to—

(a) secure the health, safety and welfare of persons at work;

(b) protect others against risks to health and safety in connection with activities of persons at work;

(c) control the manufacture and placing on the market of articles and substances.

Section 3

In Northern Ireland, paragraph 2 does not apply in respect of—

(a) substances for which the Explosives Acts (Northern Ireland) 1875 to 1970, the Health and Safety Quarries (Explosives) Regulations (Northern Ireland) 2006, or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 make provision; or

(b) tier 1 substances within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.

Section 4

The function of a local (consumer safety) authority is to ensure that goods made available to the public for their personal consumption are safe.

Section 5

The function of the Secretary of State is to control the use on, and discharge from, offshore installations of articles and substances in order to protect the marine environment.

Section 6

(1) Subject to sub-paragraph (2), the functions of the Office of Rail Regulation the Office of Rail and Road are to—

(a) secure the health, safety and welfare of persons at work;

(b) protect others against risks to health and safety in connection with the activities of persons at work;

(c) control the manufacture and placing on the market of articles and substances.

(2) The functions of the Office of Rail Regulation the Office of Rail and Road —

(a) only apply in relation to the manufacture, placing on the market and use of asbestos fibres in so far as this relates to the operation of a railway; and

(b) do not apply in relation to Northern Ireland.

(3) In sub-paragraph (2) “operation of a railway” has the meaning given in regulation 2 of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.

Section 1

For the purposes of this Schedule—

(a) “agricultural activities”—

(i) includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use;

(ii) does not include such activities at a garden centre or other shop.

but “livestock breeding and keeping” does not include activities the main purpose of which is entertainment.

(b) “common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;

(c) “consumer services” means services of a type ordinarily supplied to persons who receive them otherwise than in the course of a trade, business or other undertaking carried on by them (whether for profit or not);

(d) “dock premises” has the meaning assigned to it by—

(i) in relation to Great Britain, paragraph 2 of Schedule 9 to the Work at Height Regulations 2005 ;

(ii) in relation to Northern Ireland, Schedule 10, paragraph 2 of the Work at Height Regulations (Northern Ireland) 2005 ;

(e) “electricity system” does not include—

(i) in relation to Great Britain, the consumer’s installation within the meaning of regulation 3(1) of the Electricity Safety, Quality and Continuity Regulations 2002 ;

(ii) in relation to Northern Ireland, the electric lines situated upon the consumer’s side of the supply terminals together with any apparatus permanently connected or intended to be permanently connected thereto;

(iii) the electric lines situated upon the consumer’s side of the supply terminals together with any apparatus or equipment permanently connected or intended to be permanently connected thereto;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) “fairground” means such part of premises as is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment, swimming pool slide, go-kart, or plant designed to be used by members of the public for entertainment purposes for bouncing upon;

(h) “gas” has the meaning assigned to it by—

(i) in relation to Great Britain, section 48 of the Gas Act 1986 ;

(ii) in relation to Northern Ireland, Part III of the Gas (Northern Ireland) Order 1996 ;

(i) “gas fitting” has the meaning assigned to it by—

(i) in relation to Great Britain, section 48 of the Gas Act 1986;

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997 ;

(j) “guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—

(i) travel along roads; and

(ii) are guided (whether while on the road or at other times) by means of—

(aa) apparatus, a structure or other device which is fixed and not part of the bus; or

(bb) a guidance system which is automatic.

(k) “guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of—

(i) rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or

(ii) a guidance system which is automatic,

and for this purpose “vehicle” includes a mobile traction unit.

(ka) “hazardous substance or mixture” means a substance or mixture which meets the criteria for classification within any health hazard class or physical hazard class laid down in 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, of which 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 are to be read as amended from time to time

(l) “livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;

(m) “mine” has the meaning assigned to it by—

(i) in relation to Great Britain, section 180 of the Mines and Quarries Act 1954 but, notwithstanding subsection (7) of that section, does not include any railway serving the mine unless and to the extent that the railway is located within the curtilage of the mine;

(ii) in relation to Northern Ireland, section 156 of the Mines Act (Northern Ireland) 1969 ;

(n) “office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;

(o) “pleasure craft” has the meaning assigned to it by—

(i) in relation to Great Britain, paragraph 2 of Schedule 9 to the Work at Height Regulations 2005 ;

(ii) in relation to Northern Ireland, Schedule 10, paragraph 2 of the Work at Height Regulations (Northern Ireland) 2005 ;

(p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) “quarry” has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 3 of the Quarries Regulations 1999 ;

(ii) in relation to Northern Ireland, regulation 3 of the Quarries Regulations (Northern Ireland) 2006 ;

(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s) “road”—

(i) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;

(ii) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984 ;

(t) “trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);

(u) “veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 1966 ;

(v) “work” in relation to a gas fitting has the meaning assigned to it by—

(i) in relation to Great Britain, regulation 2(1) of the Gas Safety (Installation and Use) Regulations 1998 ;

(ii) in relation to Northern Ireland, regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997 ;

(w) “zoo” has the meaning assigned to it in relation to Great Britain by section 1(2) of the Zoo Licensing Act 1981 ;

(x) “zoological establishment” has the meaning assigned to it in relation to Northern Ireland, by section 12(1) of the Welfare of Animals Act (Northern Ireland) 1972 .

Section 1

Subject to Part 4, a local (health and safety) authority must perform the joint enforcement duty on behalf of the Executive where the main activity carried on in non-domestic premises is referred to in paragraph 2.

Section 1

Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority in relation to—

(a) any activity in a mine or quarry other than a quarry in respect of which notice of abandonment has been given—

(i) in relation to Great Britain, under regulation 45(1) of the Quarries Regulations 1999;

(ii) in relation to Northern Ireland, under regulation 39(1) of the Quarries Regulations (Northern Ireland) 2006;

(b) any activity in a fairground;

(c) any activity in premises occupied by a radio, television or film undertaking in which the activity of broadcasting, recording or filming is carried on, and the activity of broadcasting, recording or filming wherever carried on, and for this purpose “film” includes video;

(d) construction work if—

(i) the project which includes the work is notifiable within the meaning of—

(aa) in relation to Great Britain, regulation 6(1) of the Construction (Design and Management) Regulations 2015 ;

(bb) in relation to Northern Ireland, regulation 2(3) of the Construction (Design and Management) Regulations (Northern Ireland) 2016 .

(ii) the whole or part of the work contracted to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure;

(iii) it is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them.

(e) the installation, maintenance or repair of any gas system, or any work in relation to a gas fitting;

(f) the installation, maintenance or repair of electricity systems;

(g) work with ionising radiations except work in one or more of the categories set out—

(i) in relation to Great Britain, in Schedule 1 to the Ionising Radiations Regulations 2017 ;

(ii) in relation to Northern Ireland, in Schedule 1 to the Ionising Radiations Regulations (Northern Ireland) 2017 ;

(h) the use of ionising radiations for medical exposure;

(i) any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations;

(j) in relation to Northern Ireland, any activity involving genetic modification within the meaning of regulation 2(1) of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 ;

(k) agricultural activities, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment;

(l) any activity on board a sea-going ship;

(m) any activity in relation to a ski slope, ski lift, ski tow or cable car;

(n) fish, maggot and game breeding except in a zoo or zoological establishment;

(o) in relation to Northern Ireland, horse breeding or horse training at a stable;

(p) any activity in relation to a pipeline within the meaning of—

(i) in relation to Great Britain, regulation 3 of the Pipelines Safety Regulations 1996 ;

(ii) in relation to Northern Ireland, regulation 3 of the Pipelines Safety Regulations (Northern Ireland) 1997 .

(q) except in Northern Ireland, the operation of—

(i) a guided bus system; or

(ii) any other system of guided transport, other than a railway, that employs vehicles which for some or all of the time when they are in operation travel along roads.

(r) in relation to Northern Ireland, the operation of a railway;

(s) except in Northern Ireland, the operation of a trolley vehicle system;

(t) in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014.

Section 1

Subject to paragraph 3, paragraph 2 applies to the common parts of any non-domestic premises where those premises are occupied by more than one occupier.

Section 1

The Office of Rail Regulation the Office of Rail and Road must perform the joint enforcement duty on behalf of the Executive in relation to Article 67 of REACH in so far as this relates to its functions in paragraph 6 of Schedule 2.

Section 2

The main activity referred to in paragraph 1 is—

(a) the sale of goods, or the storage of goods for retail or wholesale distribution, except—

(i) at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(ii) where the main activity is the sale or storage for wholesale distribution of any hazardous substance or mixture ;

(iii) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.

(b) the display or demonstration of goods at an exhibition for the purposes of offer or advertisement for sale;

(c) office activities;

(d) catering services;

(e) the provision of permanent or temporary residential accommodation including the provision of a site for caravans or campers;

(f) consumer services provided in a shop except dry cleaning or radio and television repairs;

(g) cleaning (wet or dry) in coin operated units in launderettes and similar premises;

(h) the use of a bath, sauna or solarium, massaging, hair transplanting, skin piercing, manicuring or other cosmetic services and therapeutic treatments, except where they are carried out under the supervision or control of a registered medical practitioner, a dentist registered under the Dentists Act 1984 , a physiotherapist, an osteopath or a chiropractor;

(i) the practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities except where the main activity is the exhibition of a cave to the public;

(j) the hiring out of pleasure craft for use on inland waters;

(k) the care, treatment, accommodation or exhibition of animals, birds or other creatures, except where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery;

(l) the activities of an undertaker, except where the main activity is embalming or the making of coffins;

(m) church worship or religious meetings;

(n) the provision of car parking facilities within the perimeter of an airport;

(o) the provision of child care, or playgroup or nursery facilities.

Section 2

In relation to paragraph 1(d)(iii)—

(a) reference to a physically segregated area does not include an area segregated only in order to prevent the escape of asbestos; and

(b) “asbestos” has the meaning assigned to it in relation to Great Britain, by regulation 2(1) of the Control of Asbestos Regulations 2012 or in relation to Northern Ireland, by regulation 2(1) of the Control of Asbestos Regulations (Northern Ireland” 2012 .

Section 2

Where this paragraph applies—

(a) to the extent the Executive must perform a joint enforcement duty on behalf of a local (health and safety) authority under this Schedule for all other parts of the premises, it must also do so for the common parts of those premises;

(b) to the extent a local (health and safety) authority must perform a joint enforcement duty on behalf of the Executive under this Schedule for all other parts of the premises, it must also do so for the common parts of those premises.

Section 3

For the purposes of paragraph 2—

(a) where a vehicle is parked in connection with the sale of—

(i) food;

(ii) drink; or

(iii) other articles,

the vehicle, including its pitch, must be regarded as separate premises for the purposes of paragraph 2;

(b) where any non-domestic premises are occupied by more than one occupier each part separately occupied must be regarded as being separate premises;

(c) where the main activity carried on in premises is the sale and fitting of motor vehicle tyres, exhausts, windscreens or sunroofs, the main activity must be regarded as the sale of goods.

Section 3

In paragraph 1, “ionising radiations” and “medical exposure” in relation to those radiations have the meaning assigned to them in relation to Great Britain, by regulation 2(1) of the Ionising Radiations Regulations 2017 or in relation to Northern Ireland, by regulation 2(1) of the Ionising Radiations Regulations (Northern Ireland) 2017 .

Section 3

In relation to land within the perimeter of an airport which consists of common parts,—

(a) for those parts not within a building or to which passengers are admitted but other members of the public are not admitted, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority;

(b) for the remaining common parts, a local (health and safety) authority must perform the joint enforcement duty on behalf of the Executive.

Section 4

Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority—

(a) in relation to a body specified in paragraph 5 or 6;

(b) in relation to the officers or servants of such a body; or

(c) in relation to any part of premises occupied by such a body.

Section 5

In Great Britain, the bodies referred to in paragraph 4 are—

(a) a local authority being—

(i) in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

(ii) in England outside Greater London, a county council or a district council, and the Council of the Isles of Scilly;

(iii) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

(iv) in Wales, a county council or county borough council;

(b) a parish council in England or a community council in Wales or Scotland;

(c) a police authority , local policing body or the Receiver for the Metropolitan Police District ;

(d) a fire and rescue authority under the Fire and Rescue Services Act 2004 ;

(e) the Scottish Fire and Rescue Service;

(f) a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964 ;

(g) a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952 ;

(h) the United Kingdom Atomic Energy Authority;

(i) the Crown, except in relation to any part of any premises occupied by the Health and Safety Executive.

Section 6

In Northern Ireland, the bodies referred to in paragraph 4 are—

(a) a district council established under section 1 of the Local Government Act (Northern Ireland) 1972 ;

(b) the Northern Ireland Policing Board as defined in section 2 of the Police (Northern Ireland) Act 2000 ;

(c) the Northern Ireland Fire and Rescue Service Board as referred to in article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006 ;

(d) a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964;

(e) a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952;

(f) the Crown.

Section 7

Subject to Part 4, the Executive must perform the joint enforcement duty on behalf of a local (health and safety) authority in relation to—

(a) the tunnel system within the meaning it would have in section 1(7) of the Channel Tunnel Act 1987 if the words “to be” did not appear;

(b) an offshore installation;

(c) a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work;

(d) the campus of a university, college, school or similar educational establishment;

(e) a hospital;

(f) in relation to Northern Ireland, a railway station, railway goods yard, railway track and any part of adjacent premises, occupied in connection with them.

Section 1

The Secretary of State may decide that it is necessary in the interests of defence for a person to be exempt from compliance with a listed REACH provision.