Chemicals Act 2008

7

Codes of practice.

7.— (1) For the purpose of providing practical guidance as regards compliance with the relevant chemicals statutory provisions the Authority—

(a) may, and if so requested by the Minister, shall prepare and publish codes of practice, and

(b) may approve a code of practice made or published by any other body.

(2) Before publishing or approving a code of practice under this section, the Authority—

(a) shall obtain the consent of the Minister,

(b) may publish in such manner as the Authority considers appropriate a draft of the code of practice and shall give persons, including any national authority concerned and the relevant Minister, 28 days from the date of publication of the draft code within which to make written representations to the Authority in relation to the draft code, or such further period, not exceeding 28 days, as the Authority in its discretion thinks fit, and

(c) following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.

(3) Where the Authority publishes or approves a code of practice, it shall publish a notice of such publication or approval in such manner as it considers appropriate and in Iris Oifigiúil and that notice shall—

(a) identify the code of practice,

(b) specify the matters relating to the protection of health and the environment or the relevant chemicals statutory provisions in respect of which the code of practice is published or approved of, and

(c) specify the date on which the code of practice shall come into operation.

(4) The Authority may, with the consent of the Minister and following consultation with—

(a) any other person or body that the Authority considers appropriate, and

(b) any national authority concerned and the relevant Minister,

amend or revoke any code of practice prepared and published by it under this section, or withdraw its approval of any code of practice approved by it under this section.

(5) The Authority shall, where the Minister directs—

(a) amend or revoke any code of practice prepared and published by it under this section, or

(b) withdraw its approval of any code of practice approved by it under this section.

(6) Where the Authority amends or revokes, or withdraws its approval of, a code of practice under this section, it shall publish notice of the amendment, revocation or withdrawal in such manner as it considers appropriate and in Iris Oifigiúil.

(7) The Authority shall publish on the internet and make available for public inspection without charge at its principal office during normal working hours—

(a) a copy of each code of practice published or approved by it, and

(b) where a code of practice has been amended, a copy of the code as so amended.

(8) In this section “approved” means approved in writing by the Authority or conforming with a specification in writing by the Authority.