Chemicals Act 2008

5.

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—

F10[(a) the manufacture, classification, labelling, packaging, 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—

F11[(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 section, the Act of 1972 and the European Communities Act 2007), ]

(b) make provision in relation to—

(i) F12[]

(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 F13[national authority or competent 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) F14[]

Annotations

Amendments:

F10

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 3(a), S.I. No. 591 of 2010.

F11

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 3(b)(i), S.I. No. 591 of 2010.

F12

Deleted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 3(b)(ii), S.I. No. 591 of 2010.

F13

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 3(b)(iii), S.I. No. 591 of 2010.

F14

Deleted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 3(c), S.I. No. 591 of 2010.

Modifications (not altering text):

C2

Functions under subss. (5)(b) and (6)(a) transferred (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), art. 3(1)(a) and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-6.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—

(a) the enactments specified in Schedule 1, and ...

are transferred to the Minister for Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.

...

Schedule 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.

...

Subsections (5)(b) and (6)(a) of section 5 of the Chemicals Act 2008 (No. 13 of 2008)

...

C3

Functions under subs. (5) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 13 of 2008

...

...

Chemicals Act 2008

...

...

Sections 5(5), 10, 18(3)and 31(5)

...

Editorial Notes:

E3

Power pursuant to subs. (2)(a) exercised (10.05.2019) by Chemicals Act 2008 (Rotterdam Regulation) Regulations 2019 (S.I. No. 213 of 2019).

E4

Power pursuant to subs. (2)(b) exercised (1.06.2015) by Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015), in effect as per reg. 5.

E5

Power pursuant to section exercised (31.05.2011) by Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011).

E6

Power pursuant to subs. (2)(a) exercised (2.03.2011) by Chemicals Act (CLP Regulation) Regulations 2011 (S.I. No. 102 of 2011).