Environmental guidance for your business in Northern Ireland & Scotland

Chemicals
Recently Added Legislation

2018

The Environmental Protection (Microbeads) (Scotland) Regulations 2018

These Regulations prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads. The regulations come into force on 19th June 2018.

2016

The Detergents (Amendment) Regulations 2016

These Regulations amend the Detergents Regulations 2010 (SI 2010/740) to give local authorities powers to ensure compliance with Article 18 of EU Regulation 648/2004, as amended. This Article concerns a restriction on the sale of consumer automatic dishwasher detergents ("CADDs") that have a phosphorus content of 0.3 grams or above in a standard dosage.

2015

The Control of Major Accident Hazards Regulations 2015

These Regulations impose requirements with respect to the control of major accident hazards involving dangerous substances.  The Regulations apply to establishments where dangerous substances are present or are likely to be present in quantities equal to or exceeding the quantities specified Schedule 1 of the nregulations. Establishments may be either a “lower tier establishment” or an “upper tier establishment”. Revokes the 1999 regulations as amended and the Heavy Fuel Oil (Amendment) Regulations from 2014.

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

These Regulations consolidate the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 and subsequent amendments to those Regulations and make further amendments. They also implement the land-use planning aspects of the Seveso lll Directive  on the control of major-accident hazards involving dangerous substances.

Current Legislation

This page provides links to the full text of key pieces of Chemicals environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Batteries and Accumulators (Placing on the Market) Regulations 2008 SI 2164

Sets out requirements for designing and labelling batteries and accumulators (rechargeable batteries) and battery-powered electrical and electronic equipment, to make it easier to recycle waste batteries.

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

The CLP Regulation adopts an international chemicals hazard classification and labelling system for the supply of substances and mixtures in the EU. The CLP Regulation came into force in 2009. It replaces the existing European system and after a transitional period.

The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015

The majority of the amendments arise from changes to the legislation at European level that regulates the classification, labelling and packaging of chemicals.

Carriage of Dangerous Goods by Rail Regulations 1996 SI 2089

Sets out rules on the types of container, packaging and labelling that may be used for transporting dangerous goods by rail, and rules for loading and unloading.

Carriage of Dangerous Goods by Road Regulations 1996 SI 2095

Sets out rules on the types of container and vehicle that may be used for transporting dangerous goods by road, and rules for loading and unloading.

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 SI 1348

Regulates the transport of dangerous goods by road, rail and inland waterways and the use of pressurised cylinders, drums and other equipment.

Classification, labelling and packaging of substances and mixtures EC regulation 1272/2008

Requires manufacturers, importers and users to follow UN criteria for classifying, labelling and packaging hazardous substances and mixtures.

Control of Asbestos Regulations 2012 SI 632

The Control of Asbestos Regulations 2012 revoke and re-enact the Control of Asbestos Regulations 2006 with some modifications so that there is a consolidated set of Asbestos Regulations. The regulations ban the import, supply and new use of asbestos. Requires employers to assess risks and limit employees' exposure. Also requires employers to have the correct licence before working with asbestos and to ensure that their employees have proper training.

The Control of Major Accident Hazards Regulations 2015

These Regulations impose requirements with respect to the control of major accident hazards involving dangerous substances. The Regulations apply to establishments where dangerous substances are present or are likely to be present in quantities equal to or exceeding the quantities specified Schedule 1 of the regulations. Establishments may be either a “lower tier establishment” or an “upper tier establishment”.

Control of Substances Hazardous to Health (COSHH) Regulations SI 2002/2677.

Requires employers to assess the risks of, and prevent or control exposure to hazardous substances and monitor employees' exposure. Also places duties on employees concerning their own protection from such exposure.

Control of Substances Hazardous to Health (Amendment) Regulations 2003 SI 978

Amends 2002/2677 by adding new definitions and additional hazardous substances

Control of Substances Hazardous to Health (Amendment) Regulations 2004 SI 3386

Amends 2002/2677 by introducing new exposure limits and amending the duty to review control measures.

The Detergents (Amendment) Regulations 2016

These Regulations amend the Detergents Regulations 2010 (SI 2010/740) to give local authorities powers to ensure compliance with Article 18 of EU Regulation 648/2004, as amended. This Article concerns a restriction on the sale of consumer automatic dishwasher detergents ("CADDs") that have a phosphorus content of 0.3 grams or above in a standard dosage.

Detergents (Amendment) Regulations 2013 SI 1244

These Regulations amend the Detergents Regulations 2010 following changes made by EU Regulation 259/2012 amending Regulation (EC) No 648/2004 around the use of phosphates and other phosphorus compounds in consumer laundry detergents and consumer automatic dishwasher detergents.

Detergents Regulations 2010 SI 740

Enforces EU Regulation 648/2004. Introduces requirements for the composition and labelling of detergents. Introduces a ban from 1 January 2015 on sale of domestic laundry cleaning products containing inorganic phosphates.

Environmental Protection (Disposal of Polychlorinated Biphenyls and Other Dangerous Substances) (Scotland) Regulations 2000 SSI 95

Deals with identification, registration, phase out and disposal of polychlorinated biphenyls and other dangerous substances in accordance with waste management licensing regimes.

The Environmental Protection (Microbeads) (Scotland) Regulations 2018

These Regulations prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads. The regulations come into force on 19th June 2018.

EU Regulation on Detergents 648/2004

Requires that detergents and cleaning products meet minimum levels of biodegradability.

EU Regulation concerning the Export and Import of Hazardous Chemicals 649/2012

Replaces 689/2008 and amendments.Introduces more stringent provisions on the import and export of dangerous chemicals in order to give greater protection to human health and the environment.

EU Regulation on ozone depleting substances 1005/2009

Allows governments to impose new requirements on handling, use, import, export, recovery, recycling, reclaming, destruction and trading of listed substances. Sets out plan to phase out production, trade and use of HCFCs.

EU Regulation 744/2010 amending EU Regulation 1005/2009 on ozone depleting substances

Amends 1005/2009 by banning the use of halons in firefighting equipment except for military and aviation uses.

EU Regulation 850/2004 on Persistent Organic Pollutants

Sets out controls on producing and using dangerous pesticides, industrial chemicals and chemical by-products.

EU Regulation 756/2010 amending EU Regulation 850/2004 on persistent organic pollutants

Amends 850/2004 (Annexes IV and V) by adding a further nine polluting substances whose production and use has to be controlled.

EU Regulation 757/2010 amending EU Regulation 850/2004 on persistent organic pollutants

Amends 850/2004 (Annexes I and III) by adding a further nine polluting substances whose production and use has to be controlled.

EU Regulation 1907/2006 on Registration, Evaluation, Authorisation and Restriction of Chemicals (Adobe PDF - 1.8MB)

Requires manufacturers and importers of chemicals to evaluate and manage risks arising from their use, and prove that chemicals placed on the market are safe.

EU Regulation 987/2008 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals

Amends 1907/2006 by replacing Annexes IV and V with new versions covering exemptions from the obligation to register substances, mixtures or articles.

EU Regulation 552/2009 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals

Amends 1907/2006 by setting out a new table of dangerous substances, mixtures and articles with manufacturing, marketing and use restrictions.

EU Regulation 276/2010 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals

Amends 1907/2006 to change the criteria for compiling safety data sheets from 1 December 2010 for substances and 1June 2015 for mixtures.

EU Regulation 453/2010 amending EU Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals

Amends 1907/2006 to change the criteria for compiling safety data sheets from 1 December 2010 for substances and 1June 2015 for mixtures.

EU Regulation 143/2011 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (Adobe PDF - 727KB)

Amends 1907/2006 Annex XIV by adding six substances that are not to be placed on the market or used after a certain date, unless an authorisation has been granted.

EU Regulation 494/2011 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals

Amends 1907/2006 by adding criteria to Annex XVII for controlling the use of cadmium in plastics, paints, brazing fillers and jewellery.

EU Regulation 253/2011 amending EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals

Amends 1907/2006 by replacing Annex XIII relating to the identification of persistent, bioaccumulative and toxic substances and very persistent and very bioaccumulative substances.

Planning (Hazardous Substances) (Scotland) Act 1997

Consolidates controls on hazardous substances.

Notification of Installations Handling Hazardous Substances Regulations 1982 SI 1357

Bans activities that will cause a significant quantity of a hazardous substance on any site, unless the Health and Safety Executive has been notified.

Notification of Installations Handling Hazardous Substances (Amendment) Regulations 2002 SI 2979

Amends 1982/1357 to ban the handling of ammonium nitrate exceeding certain limits.

Persistent Organic Pollutants Regulations 2007 SI 3106

Establishes competent authorities to enforce 2004/850 and lay down offences and penalties.

Planning (Control of Major Accident Hazards) (Scotland) Regulations 2000 SSI 179

Sets out measures to control major accident hazards involving dangerous substances.

Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2009 SSI 378

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

These Regulations consolidate the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 and subsequent amendments to those Regulations and make further amendments. They also implement the land-use planning aspects of the Seveso lll Directive on the control of major-accident hazards involving dangerous substances.

REACH Enforcement Regulations 2008 SI 2852

Implement the enforcement regime for REACH by allocating the authorities the powers they need. Set the offences and penalties for contraventions of REACH requirements.

Restriction on the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 SI 37

Bans the marketing of new electrical and electronic equipment containing more than specified levels of lead, cadmium, mercury and other hazardous substances.

Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2009 SI 581

Amends 2008/37 by correcting drafting errors and substituting a new section on compliance and enforcement notices.

Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 SI 3032.

Replaces 2008/37; sets out the restrictions on the use of certain hazardous substances in electrical and electronic equipment; sets out the prohibitions and obligations that apply to manufacturers, their representatives, importers and distributors. Does not affect liability under 2008/37 for offences committed before 2 January 2013.

Waste Batteries and Accumulators Regulations 2009 SI 890

Establishes a legal framework and schemes for collecting, treating and recycling portable, industrial and vehicle batteries. Applies to all types of batteries except when used for military and space equipment.

Waste Batteries (Scotland) Regulations 2009 SSI 247

Amends the Pollution Prevention and Control (Scotland) Regulations 2000/323 to ban incinerating waste industrial and automotive batteries. Amends the Landfill (Scotland) Regulations 2003/235 to ban waste industrial and automotive batteries from landfills.

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