|Name:||The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 (2017 No. 304).|
|Subject(s):||Occupational safety and health|
|Type of legislation:||Regulation, Decree, Ordinance|
|Entry into force:|
|Bibliography:||Legislation on-line Office of Public Sector Information, Northern Ireland, United Kingdom PDF (consulted on 2019-03-22)
|Abstract/Citation:||These Regulations revoke and replace the Health and Safety (Miscellaneous Amendments) Regulations 2017. Those Regulations contained errors in the numbering of their individual regulations. The amendments which were to be made by those revoked Regulations are made by these Regulations. The amendments are to primary and secondary legislation relating to health and safety.
Regulation 2 amends the Natural Environment and Rural Communities Act 2006 to create a defence for a person charged with an offence under section 43 of that Act (possession of pesticides harmful to wildlife) to prove that possession of a pesticide was for the purposes of doing anything in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ No L 309, 24.11.2009, p1).
Regulation 3 extends only to Northern Ireland. It amends the Offshore Installations (Safety Zones) Regulations 1987 (“the 1987 Regulations”), which also extend only to Northern Ireland, to provide an exception to the prohibition under section 23(1) of the Petroleum Act 1987 on a vessel entering or remaining in a safety zone established around an installation, namely, when there is consent from the duty holder. The regulation implements in part Article 6(7)(g) of Directive 2013/30/EU on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ No L 178, 28.06.13, p66). In Northern Ireland, the majority of the health and safety requirements in that Directive are implemented in the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) (S.R. 2016/406) and a transposition note for that implementation was published with the Explanatory Memorandum for those Regulations on www.legislation.gov.uk. The amendment also provides for the review of the 1987 Regulations.
Regulation 4 amends the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. It makes provision for when only one report is required when the dangerous occurrence to be reported arises out of facts which separately require a report under either or both of the EU Reporting Regulation (which is defined in paragraph (7) of the inserted amendments) and a report of danger to an installation under the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996. Where that one report is to be made, it must be made within 10 working days.
Regulation 5 makes amendments to the Control of Major Accident Hazards Regulations 2015. Paragraph (2) removes an unnecessary definition of “pipelines” and amends the definition of “storage”. Paragraph (3) amends regulation 3 of those Regulations (concerning application and exceptions) by including exceptions in relation to the transport of dangerous substances in pipelines where that activity takes place outside of an establishment, and also the transport of dangerous substances and directly related intermediate temporary storage where that activity takes place outside of an establishment.
Regulation 6 makes an amendment to the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 to clarify that production installations, the operation of which has not commenced, are not included in reckoning whether there is a combined operation under those Regulations.
Regulation 7 makes amendment to clarify that the Dangerous Goods in Harbour Areas Regulations 2016 apply to harbour areas within the territorial seas adjacent to Great Britain.
Regulation 8 revokes the Health and Safety (Miscellaneous Amendments) Regulations 2017.