The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/304 |
| Year | 2017 |
2017 No. 304
Health And Safety
The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017
Made 8th March 2017
Laid before Parliament 9th March 2017
Coming into force 6th April 2017
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to the prevention and limitation of the effects of accidents involving dangerous substances2and measures in the veterinary and phytosanitary fields for the protection of public health3.
The Secretary of State makes these regulations in exercise of the powers conferred by—
(a) section 2(2) of the European Communities Act 1972;
(b) sections 15(1), (2) and (9) and 82(3)(a) of, and paragraph 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 19744; and
(c) section 23(1)(b) of the Petroleum Act 19875.
The Secretary of State makes these Regulations, so far as made in exercise of the powers cited in paragraph (b), for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3)6of the Health and Safety at Work etc. Act 1974 after the carrying out of consultations by the Executive in accordance with section 50(3)7of that Act.
PART 1
General
Citation, extent, application outside Great Britain and commencement
1.—(1) These Regulations may be cited as the Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017.
(2) These Regulations extend to Great Britain, except for regulation 3 which extends only to Northern Ireland.
(3) The amendments made by these Regulations to—
(a)
(a) the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 20138(“the 2013 Regulations”); and
(b)
(b) the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 20159(“the 2015 Regulations”),
apply outside Great Britain in the same way that those Regulations apply outside Great Britain by virtue of, respectively, regulation 19 of the 2013 Regulations and regulation 4 of the 2015 Regulations.
(4) These Regulations come into force on 6th April 2017.
PART 2
Miscellaneous Amendment to Primary Legislation
The Natural Environment and Rural Communities Act 2006
2.—(1) The Natural Environment and Rural Communities Act 200610is amended as follows.
(2) In section 43 (possession of pesticides harmful to wildlife), in subsection (3), for paragraph (d) substitute—
“(d)
“(d) Regulation (EC) No 1107/2009of the European Parliament and of the Council11.”.
PART 3
Miscellaneous Amendments to Secondary Legislation
The Offshore Installations (Safety Zones) Regulations 1987
3.—(1) The Offshore Installations (Safety Zones) Regulations 198712are amended as follows.
(2) In regulation 2 (prohibition on the entry into or remaining of a vessel in a safety zone: exceptions)—
(a)
(a) in paragraph (e) omit “or”;
(b)
(b) at the end of paragraph (f) insert “or”; and
(c)
(c) at the end insert—
“(g)
“(g) if there is consent from the duty holder (as “duty holder” is defined in regulation 2(1) of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016)13.”.
(3) After regulation 2 insert—
“Review
3.—(1) The Secretary of State must from time to time—
(a)
(a) carry out a review of the regulatory provision contained in these Regulations, and
(b)
(b) publish a report setting out the conclusions of the review.
(2) The first report must be published before 6th April 2022.
(3) Subsequent reports must be published at intervals not exceeding 5 years
(4) Section 30(3) of the Small Business, Enterprise and Employment Act 201514requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Article 6(7) of Directive 2013/30/EUof the European Parliament and of the Council of 12thJune 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC15is implemented in other member States.
(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—
(a)
(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),
(b)
(b) assess the extent to which those objectives are achieved,
(c)
(c) assess whether those objectives remain appropriate, and
(d)
(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015.”.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
4.—(1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 201316are amended as follows.
(2) In regulation 2(1) (interpretation), at the appropriate place insert—
““working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain;”.
(3) In regulation 15 (restriction on parallel requirements), after paragraph (4) insert—
“5 Where the responsible person is under—
(a) a requirement to make a report under these Regulations; and—
(b) either or both—
(i) a requirement to make a report under the EU Reporting Regulation, other than one that may be satisfied by making a report under these regulations; and
(ii) a requirement to make a report under regulation 9 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 199617(reporting of danger to an installation) in respect of an installation in external waters,
only one report is required if the conditions in paragraph (6) are met.
6 The conditions referred to in paragraph (5) are—
(a) the facts giving rise to each requirement are identical;
(b) the facts occur on or after 6th April 2017;
(c) the information required to be provided by each requirement is provided; and
(d) the report is made within 10 working days.
7 In paragraph (5), “EU Reporting Regulation” means Commission Implementing Regulation (EU) No 1112/2014 of 13 October 2014 determining a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the Member States.”.
(4) In paragraph 1(4) of Schedule 1, omit paragraph (a).
The Control of Major Accident Hazards Regulations 2015
5.—(1) The Control of Major Accident Hazards Regulations 201518are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1)—
(a)
(a) in the definition of “the Directive”, for “ 96/98/EC” substitute “ 96/82/EC”;
(b)
(b) omit the definition of “pipelines”;
(c)
(c) for the definition of “storage” substitute—
““storage” includes warehousing, depositing in safe custody or keeping in stock;”.
(3) In regulation 3 (application and exceptions), in paragraph (2) after sub-paragraph (c) insert—
“(ca)
“(ca) the transport of dangerous substances in pipelines, including associated apparatus, except where that activity takes place at a site which is an establishment despite that activity;
(cb)
(cb) the transport of dangerous substances and directly related intermediate temporary storage by road, rail, internal waterways, sea or air, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards, except where that activity takes place at a site which is an establishment despite that activity;”.
The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015
6.—(1) The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 201519are amended as follows.
(2) In regulation 2(4) (construction of the expression “combined operation”)—
(a)
(a) for “another installation or installations” substitute “another such installation or other such installations”; and
(b)
(b) in paragraph (a), for “another” substitute “the other”.
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