1995 No. 2923
HEALTH AND SAFETY
The Health and Safety Information for Employees (Modifications and Repeals) Regulations 1995
13th November 1995
Laid before Parliament
21st November 1995
Coming into force
All regulations except regulation 2(a) and regulation 3(2) so far as it relates to the Construction (Lifting Operations) Regulations 1961
1st January 1996
1st January 1998
regulation 3(2) so far as it relates to the Construction (Lifting Operations) Regulations 1961.
1st January 1997
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (4)(a), (9) and 82(3)(a) of, and paragraph 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1.—(1) These Regulations may be cited as the Health and Safety Information for Employees (Modifications and Repeals) Regulations 1995 and shall, subject to paragraphs (2) and (3), come into force on 1st January 1996.
(2) Regulation 2(a) shall come into force on 1st January 1998.
(3) Regulation 3(2) shall so far as it relates to the Construction (Lifting Operations) Regulations 1961(2) come into force on 1st January 1997.
Modifications of the Health and Safety Information for Employees Regulations 1989
2. The Health and Safety Information for Employees Regulations 1989(3) are modified as follows: —
(a)in regulation 2—
(i)in paragraph (1), after the definition of ““the 1974 Act”, the following definition shall be added: “the 1995 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995”(4);
(ii)in paragraph (4), after the word “ship” there shall be added the words “(except to the extent that the master and crew are engaging in activities falling within articles 4, 5 or 6 of the 1995 Order)” and
(iii)after paragraph (4), there shall be added the following paragraph:
“5. These Regulations shall, subject to paragraph (4) apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 and 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the 1995 Order as they apply to premises and activities within Great Britain.”
(b)in regulation 3, after paragraph (3) the following paragraphs shall be added:
“(4) The Health and Safety Executive may approve a particular form of poster or leaflet for use in relation to a particular employment or class of employment and where any such form has been approved the Executive shall publish it and issue a notice in writing specifying the date that form was approved and the particular employment or class of employment in respect of which it is approved.
(5) Where a particular form of poster or leaflet has been approved under paragraph (4) then paragraphs (2) and (3) shall apply to the revision of that particular form as they apply to the revision of an approved poster or an approved leaflet save that the notice in writing issued under paragraph (2) in respect of the revised form shall also specify the employment or class of employment in respect of which the revised form is approved.
(6) An employer may, in respect of employment for which a particular poster or leaflet has been approved under paragraph (4), comply with the requirements of regulation 4(1) by displaying that particular form of poster or giving that particular form of leaflet and in connection with any such compliance regulation 4 shall be construed as if the references to the approved poster and the approved leaflet in that regulation were references to the particular form of poster and the particular form of leaflet approved under paragraph (4) and as if the reference in regulation 4(3) to revision pursuant to regulation 3(2) were a reference to a revision pursuant to regulation 3(5).”
Miscellaneous repeals and revocations
3.—(1) The enactments specified in column 1 of Part I of the Schedule to these Regulations are repealed to the extent specified in the corresponding entries in column 2 thereof.
(2) The instruments specified in column 1 of Part II of the Schedule to these Regulations are revoked to the extent specified in the corresponding entries in column 3 thereof.
Signed by authority of the Secretary of State
Parliamentary Under Secretary of State,
Department of the Environment
13th November 1995
THE SCHEDULEMISCELLANEOUS REPEALS AND REVOCATIONS
Extent of repeal
Petroleum (Consolidation) Act 1928.(5).
Factories Act 1961(6).
In section 121(1)(f), the word “and”.
In section 121(1), paragraph (g).
In section 125(2)(j), the words “notices, special regulations”.
In section 127(2)(j), the words “notices, special regulations”.
In section 127(5), the words “and copies of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises”and the words from “and copies of the regulations”to the end of the subsection.
Offices, Shops and Railway Premises Act 1963(7).
In section 63(2) the reference to section 46(9).
Extent of revocation
The Celluloid (Manufacture Etc.) Regulations 1921.
S.R. & O. 1921/1825.
Paragraph (iii) of regulation 10. Paragraph (ii) of regulation 11.
The Manufacture of Cinematograph Film Regulations 1928.
S.R. & O. 1928/82.
Paragraph (c) of regulation 5. Regulation 14.
The Operations at Unfenced Machinery Regulations 1938(8).
S.R. & O. 1938/641; relevant amending instrument is S.I. 1976/955.
The Cinematograph Film Stripping Regulations 1939.
S.R. & O. 1939/571.
The Dry Cleaning Special Regulations 1949.
Paragraph (2) of regulation 5.
The Pottery (Health and Welfare) Special Regulations 1950.
Paragraph (4) of regulation 5.
The Factories (Cotton Shuttles) Special Regulations 1952.
Paragraph (2) of regulation 5.
The Factories (Testing of Aircraft Engines and Accessories) Special Regulations 1952.
In Regulation 5 the words from “and where such exemption”to the end.
The Shipbuilding and Ship-repairing Regulations 1960.
In paragraph (3) of regulation 2 the last sentence.
Paragraph (3) of regulation 56.
The Construction (General Provisions) Regulations 1961.
S.I. 1961/1580; relevant amending instrument is S.I. 1989/682.
Paragraph (2) of regulation 5.
The Construction (Lifting Operations) Regulations 1961.
Paragraph (3) of regulation 16.
The Non-ferrous Metals (Melting and Founding) Regulations 1962.
In sub-paragraph (1)(d) of regulation 4 the last sentence.
The Power Presses Regulations 1965.
In regulation 12 the last sentence.
The Woodworking Machines Regulations 1974.
In regulation 4 the last sentence.
(This note is not part of the Regulations)
These Regulations modify the Health and Safety Information for Employees Regulations 1989 (“the 1989 Regulations”: S.I. 1989/682) by
(a)applying the 1989 Regulations to certain premises and activities outside Great Britain (regulation 2(a)); and
(b)adding provisions to the 1989 Regulations which enable the Health and Safety Executive to approve posters or leaflets which are specific to particular classes of employment so that employers in those classes may display or provide those specific posters or leaflets rather than ones of a general nature (regulation 2(b)).
The Regulations also repeal a number of provisions in health and safety legislation relating to the display of notices or posters and the provision of information (regulation 3; Parts I and II of the Schedule).
A copy of the compliance cost assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Strategy and General Division, North Wing, Seventh Floor, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.
1974 c. 37; sections 15(1) and 50(3) were amended by schedule 15 to the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16(3) respectively.
1928 c. 32; section 2(4) was amended by section 11(8) of, and Part II of the Schedule to, the Criminal Damage Act 1971 (c. 48) and by S.I. 1974/1942.
1961 c. 34; relevant amendments are sections 10 and 29(4) of, and Part I of Schedule 3 and Part II of Schedule 7 to, the Employment Act 1989 (c. 38) and S.I. 1989/682.
1963 c. 41; to which there are amendements not relevant to these Regulations.
The Operations at Unfenced Machinery Regulations 1938 have been partially revoked, and will be wholly revoked on 1 January 1997, by S.I. 1992/2932.