Further memorandum from the Department
for Work and Pensions
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
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