Joint Committee on Statutory Instruments Fifth Report


Further memorandum from the Department for Work and Pensions

DANGEROUS SUBSTANCES AND EXPLOSIVE ATMOSPHERES REGULATIONS 2002 (S.I. 2002/2776)

1. By letter dated 3 December, the Joint Committee on Statutory Instruments have requested a memorandum on the following point:

Schedule 5 refers to the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996. Should this be a reference to the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 (S.I.2002/2099) which replaced that instrument?

2. Schedule 5 to the Dangerous Substances and Explosives Atmospheres Regulations 2002 ("DSEAR") incorrectly refers to the Packaging, Labelling and Carriage of Radioactive Materials by Rail Regulations 1996, when it should have referred to the Packaging, Labelling and Carriage of Radioactive Materials by Rail Regulations 2002 ("the 2002 Regulations"), which, as the Committee points out, replaced that instrument. The Department apologises for this error.

3. The Department would like to point out that the error is unlikely to have any detrimental practical effect in relation to protection against risks to safety. Regulation 10 of DSEAR, which introduces Schedule 5, requires that employers clearly identify the contents of containers and pipes used for dangerous substances, together with the nature of those contents and any associated hazards, where those containers and pipes are not marked in accordance with relevant requirements of the legislation listed in Schedule 5 to DSEAR. The duty is subject to any derogations in that legislation. The fact that the Schedule does not include any reference to the 2002 Regulations will not lessen the duty under regulation 10. Moreover, any relevant requirements in relation to containers and pipes under the 2002 Regulations will in any event apply to them. The protection afforded by the duty under regulation 10 will not be lessened by the error.

4. The Department will ensure that the error is corrected by amending regulations at the earliest suitable opportunity.

9 December 2002



 
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