Lead in Paint (Health and Safety) Bill

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Lead in Paint (Health and Safety) Bill

A
B I L L
TO
Require the manufacturers and retailers of paint stripping equipment and fluids to provide customers with information about lead in paint manufactured before 1960; to require the Secretary of State to provide information to the general public about the dangers of lead in older paint; and to provide for the testing of children under the age of three years living in older housing to determine whether they are at risk from lead in older paintwork.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Duties of manufacturers and retailers of paint stripper and paint stripping apparatus.     1. - (1) It shall be an offence for any person to manufacture, sell or otherwise supply paint stripper or paint stripping apparatus without ensuring that the packaging or apparatus complies with the requirements of the Schedule.

    (2) It shall be an offence for any person to advertise paint stripper or paint stripping apparatus without ensuring that the advertisement complies with the requirements of the Schedule.

    (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or both.

    (4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.

Public information.     2. - (1) The Secretary of State shall publish information concerning-

(a) the extent to which lead may be present in paint;

(b) the dangers to human health of lead in paint;

(c) measures which those who manufacture, sell, use, apply, remove or otherwise handle paint should take to minimise the risks to human health; and

(d) where further advice on lead in paint may be obtained.

    (2) Information published under subsection (1) shall be made freely available to parents of young children, general practitioners and other members of the public through-

(a) public libraries;

(b) hospitals and health centres; and

(c) retailers of paint stripper or of paint stripping apparatus

and the Secretary of State shall give such other publicity to the information as he sees fit.

Testing of young children.     3. The Secretary of State shall consult such parties as he sees fit with a view to formulating a programme of testing of children who have not attained the age of three years and who live in houses which were constructed before 1960 for the presence of lead in their blood and for their vulnerability to lead poisoning.

Expenses.     4. There shall be paid out of money provided by Parliament any expenses incurred by the Secretary of State under this Act.

Interpretation.     5. In this Act-

"advertisement" includes every form of advertisement whether in a newspaper or other publication, by television or radio or electronic mail, by display of notices, signs, labels, showcards or goods, other material, by exhibition of pictures, models or films, or in any other way and "advertise" shall be construed accordingly;

"packaging" means a container or other article, whether inner or outer and whether permanent or temporary, in which goods are wrapped or on which goods are displayed at a point of sale or transfer;

"paint stripper" means a substance which when applied to dried paint causes a chemical reaction which facilitates the removal of the paint;

"paint stripping apparatus" means a tool or other device which is intended to be used in the removal of dried paint, whether or not with the assistance of paint stripper.

Short title.     6. This Act may be cited as the Lead in Paint (Health and Safety) Act 1998.

© Parliamentary copyright 1998
Prepared 4 February 1998

Lead in Paint (Health and Safety) Bill

	A B I L L TO Require the manufacturers and retailers of paint stripping equipment and fluids to provide customers with information about lead in paint manufactured before 1960; to require the Secretary of State to provide information to the general public about the dangers of lead in older paint; and to provide for the testing of children under the age of three years living in older housing to determine whether they are at risk from lead in older paintwork. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Duties of manufacturers and retailers of paint stripper and paint stripping apparatus.	1. - (1) It shall be an offence for any person to manufacture, sell or otherwise supply paint stripper or paint stripping apparatus without ensuring that the packaging or apparatus complies with the requirements of the Schedule.
	(2) It shall be an offence for any person to advertise paint stripper or paint stripping apparatus without ensuring that the advertisement complies with the requirements of the Schedule.
	(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or both.
	(4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
Public information.	2. - (1) The Secretary of State shall publish information concerning-
	(a) the extent to which lead may be present in paint;
	(b) the dangers to human health of lead in paint;
	(c) measures which those who manufacture, sell, use, apply, remove or otherwise handle paint should take to minimise the risks to human health; and
	(d) where further advice on lead in paint may be obtained.
	(2) Information published under subsection (1) shall be made freely available to parents of young children, general practitioners and other members of the public through-
	(a) public libraries;
	(b) hospitals and health centres; and
	(c) retailers of paint stripper or of paint stripping apparatus
	and the Secretary of State shall give such other publicity to the information as he sees fit.
Testing of young children.	3. The Secretary of State shall consult such parties as he sees fit with a view to formulating a programme of testing of children who have not attained the age of three years and who live in houses which were constructed before 1960 for the presence of lead in their blood and for their vulnerability to lead poisoning.
Expenses.	4. There shall be paid out of money provided by Parliament any expenses incurred by the Secretary of State under this Act.
Interpretation.	5. In this Act-
	"advertisement" includes every form of advertisement whether in a newspaper or other publication, by television or radio or electronic mail, by display of notices, signs, labels, showcards or goods, other material, by exhibition of pictures, models or films, or in any other way and "advertise" shall be construed accordingly;
	"packaging" means a container or other article, whether inner or outer and whether permanent or temporary, in which goods are wrapped or on which goods are displayed at a point of sale or transfer;
	"paint stripper" means a substance which when applied to dried paint causes a chemical reaction which facilitates the removal of the paint;
	"paint stripping apparatus" means a tool or other device which is intended to be used in the removal of dried paint, whether or not with the assistance of paint stripper.
Short title.	6. This Act may be cited as the Lead in Paint (Health and Safety) Act 1998.