UK Offence Report

The Marketing and Use of Dangerous Substances (No. 4) Regulations (Northern Ireland) 2004 (revoked)

Northern Ireland Statutory Rule 2004 No. 509 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
10 December 2004
In force from
1 January 2005
Extent
Not stated
Subject
Alcohol licensing, gambling, smoke-free and public health
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations.) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations give effect to European Parliament and Council Directive 2003/11/EC and Commission Directive 2004/98/EC on pentabromodiphenyl ether and octabromodiphenyl ether. These Directives make amendment to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations. These regulations revoke and replace the Marketing and Use of Dangerous Substances (No. 2) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 125) which previously gave effect to Directive 2003/11/EC. Regulation 3 sets out exclusions to the restrictions on the placing on the market and use of dangerous substances and preparations under the Regulations. Regulation 4(1)(a) prohibits the placing on the market of pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. Regulation 4(1)(b) prohibits the placing on the market of any articles which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass. Regulation 4(1)(c) prohibits the placing on the market of any articles which include any flame retardant parts which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass. The use of pentabromodiphenyl ether in concentrations higher than 0.1% by mass is also prohibited (regulation 4(2)). Regulation 4 will not apply to aircraft emergency evacuation systems until 31st March 2006. Regulation 5(1)(a) prohibits the placing on the market of octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. Regulation 5(1)(b) prohibits the placing on the market of any articles which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass. Regulation 5(1)(c) prohibits the placing on the market of any articles which include any flame retardant parts which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass. The use of octabromodiphenyl ether in concentrations higher than 0.1% by mass is also prohibited (regulation 5(2)). Regulation 6 makes it an offence to contravene either regulation 4 or 5 and specifies the maximum penalties for such an offence. Regulation 7 revokes S.R. 2004 No. 125. Copies of the Directives may be obtained from the Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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