Chemicals Act 2008
|
PART 2 Regulations and Codes of Practice | ||
|
Regulations. |
5.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. | |
(2) The Minister may make regulations for the purpose of giving effect to a provision of the treaties governing the European Communities, or an act adopted by an institution of the European Communities, relating to— | ||
(a) the manufacture, export, import, placing on the market, testing, storage, transport, use or disposal of chemicals, or | ||
(b) the control of major accident hazards relating to chemicals and the prevention of accidents involving chemicals or the minimisation of the effects of such hazards or accidents on persons and the environment. | ||
(3) Without prejudice to the generality of subsection (2), regulations under that subsection may— | ||
(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act, the Act of 1972 and the European Communities Act 2007 ), | ||
(b) make provision in relation to— | ||
(i) the classification, labelling and packaging of chemicals, and | ||
(ii) the establishment and maintenance of such registers, and keeping of such records, as may be specified in the regulations, | ||
(c) apply either generally or to such class or classes of chemicals, persons, places or activities as may be specified in the regulations, and | ||
(d) prescribe persons to perform the functions of a national authority for the purposes of the regulations and the provision of the treaties governing the European Communities or act adopted by an institution of the European Communities to which the regulations give effect. | ||
(4) Where the Minister proposes to make regulations under this Act, upon a proposal from the Authority, he or she shall consult with the Authority before making the regulations. | ||
(5) The Minister shall, before making regulations under subsection (2)(a), obtain the consent of— | ||
(a) the Minister for Agriculture, Fisheries and Food, | ||
(b) the Minister for the Environment, Heritage and Local Government, and | ||
(c) the Minister for Finance, | ||
to the making of the regulations. | ||
(6) The Minister shall, before making regulations under subsection (2)(b), obtain the consent of— | ||
(a) the Minister for the Environment, Heritage and Local Government, | ||
(b) the Minister for Health and Children, | ||
(c) the Minister for Justice, Equality and Law Reform, and | ||
(d) the Minister for Transport, | ||
to the making of the regulations. | ||
(7) In this section “ chemical ” includes a dangerous substance within the meaning of— | ||
(a) Council Directive 96/82/EC of 9 December 1996 10 on the control of major accident hazards involving dangerous substances, and | ||
(b) Council Directive 67/548/EEC of 27 June 1967 11 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances. | ||