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chris42  
#1 Posted : 10 September 2015 16:12:10(UTC)
Rank: Super forum user
chris42

Looking for some clarity. I have been looking at the changes to verious legislation and noted that The Pyrotechnic Articles (Safety) Regulations 2015 amend the HASAWA 1974. Schedule 8 of this regulation under modifications to the 1974 act (2b) see below, changes the definition of risk .

Does this mean only in relation to this regulation for the sections in the 1974 act that would be applicable to it or does it alter the 1974 act in itself for everything. It is just that the definition it gives for risk includes the environment as well as (i) human health; (ii) public security; (iii) the safety of consumers

It think it is just in relation to this regulation and not as a whole, but the more I think about it the more uncertain I am.


Extract below
Enforcement powers under the 1974 Act
1. For the purposes of enforcing these Regulations, the following sections of the 1974 Act apply subject to the modifications in paragraph 2—
(a)section 10(1) (establishment of the Executive);
(b)section 19 (appointment of inspectors);
(c)section 20 (powers of inspectors);
(d)section 21 (improvement notices);
(e)section 22 (prohibition notices);
(f)section 23 (provisions supplementary to ss 21 and 22);
............ it go's on

Modifications to the 1974 Act
2. The sections of the 1974 Act referred to in paragraph 1 are to apply as if—
(a)references to “relevant statutory provisions” were references to—
(i)the provisions of the 1974 Act set out in paragraph 1, as modified by this paragraph; and
(ii)these Regulations;
(b)references to “risk” were references to “risk” within the meaning of regulation 2(5) of these Regulations;

Chris
Ron Hunter  
#2 Posted : 10 September 2015 16:44:01(UTC)
Rank: Super forum user
Ron Hunter

Those Regulations provide clarification as to the application of the Act in respect of Enforcement Powers (Schedule 8).

The Regulations are subordinate and do not directly effect the Act itself.
chris42  
#3 Posted : 10 September 2015 16:52:41(UTC)
Rank: Super forum user
chris42

Thanks Ron

That is what I thought initially, but the more I thought the more muddled I became. I think I'm going snow blind as I have been reviewing legislation changes for days now where one reg amends another for H&S, Env and other regulations.

Think I may do something different tomorrow.

Chris
MikeKelly  
#4 Posted : 12 September 2015 10:29:15(UTC)
Rank: Super forum user
MikeKelly

Hi Chris
I'm not sure if this is teaching granny [grandad] to suck eggs but I find the Explanatory Note right at the end of the legislation to be an invaluable place to start in figuring out what it all might mean.
And, of course, in many cases it's only when it comes before a judge that we find out.
I worked once with a colleague in a parliamentary counsels' office [Australia]and couldn't believe the precision applied to the drafting of legislation especially in meeting the relevant departments requirements [which varied day by day]. A major objective being to ensure it was unambiguous.
Not a job for me!
Reading Hansard also helps where appropriate
Regards
Mike
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