The Control of Asbestos Regulations 2012

UK Statutory Instrument 2012 No. 632 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 27 February 2012
In force from: 6 April 2012
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972, Schedule 3 to, the Health and Safety at Work etc. Act 1974

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 revoke and replace the Control of Asbestos Regulations 2006 (S.I. 2006/2739 as amended by S.I. 2007/1573, 2008/960, 2008/2852 and 2009/716) and implement, as respects Great Britain— Council Directive 2009/148/EC (OJ No L330, 16.12.2009, p28) which repealed and replaced Council Directive 83/477/EEC (OJ No L263, 24.9.83, p25) as amended by Council Directive 91/382/EEC (OJ No L206, 29.7.91 p16) and Directive 2003/18/EC of the European Parliament and of the Council (OJ No L97, 15.4.03, p48) on the protection of workers from the risks related to exposure to asbestos at work; Council Directive 90/394/EEC (OJ No L196, 26.7.90, p38) on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) as codified in Directive 2004/37/EC (OJ No 229, 29.6.2004, p23), insofar as it relates to asbestos; and Council Directive 98/24/EC (OJ No L131, 5.5.93, p11) on the protection of the health and safety of workers from the risks related to exposure to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to risks to health from exposure to asbestos. Part 1 of the Regulations re-enacts Part 1 of the Control of Asbestos Regulations 2006 with some amendments. Regulation 2 includes new definitions of “asbestos cement”, “asbestos coating”, “asbestos insulation”, “asbestos insulating board”, “short duration work” and “textured decorative coatings”. The definition of “relevant doctor” has been amended and there is also a new definition of “licensable work with asbestos”. The wording of regulation 3(2) has been amended to include the terms “in which only non-friable materials are handled” and “without deterioration of non-degraded materials” in regulation 3(2)(c)(i) and (ii) respectively. The licensing requirement has been de-coupled from the derogation and the reference to licensing has been removed from regulation 3. Part 2 of the Regulations re-enacts Part 2 of the Control of Asbestos Regulations 2006, and in addition to minor and drafting amendments makes changes of substance including the following— regulation 8 refers to licensable work with asbestos which is defined in regulation 2(1); regulation 9 makes different provision for notification for work with asbestos (which is not disapplied by regulation 3(2)), depending on whether the work is licensable work with asbestos or not; regulation 15 provides for certain arrangements to be in place regarding accidents, incidents and emergencies and makes it clear that different requirements apply if the work is licensable work with asbestos; regulation 22 provides for different requirements for medicals and health surveillance depending on whether the work is licensable work with asbestos or not. Part 3 of the Regulations re-enacts the prohibitions in regulation 26 of the Control of Asbestos Regulations 2006 and reflects amendments made by the REACH Enforcement Regulations 2008 (SI 2008/2852) and the prohibitions provided for by the REACH Regulations (Regulation (EC) No 1907/2006). Provision for exemptions is carried forward in regulations 29 and 30. It has been clarified in regulation 2 that the labelling requirements in regulations 14, 24(2) and (3) and 27 are the same as those provided for by Appendix 7 to Annex XVII of the REACH Regulations (OJ No L396 30.12.2006 p840). The requirements are still referenced in Schedule 2 for ease of reference and the relevant diagram has been included. Regulation 26(4) and Schedule 3 to the Control of Asbestos Regulations 2006 have not been re-enacted since the exception for chrysotile is provided for in Annex XVII to the REACH Regulations (OJ No L136, 29.5.2007, p131). Part 4 of the Regulations re-enacts the provisions of the Control of Asbestos Regulations 2006. Provision for exemptions is re-enacted in regulation 29(1) and for the validity of existing licenses and exemptions in regulation 32(1) and (2). Regulation 35 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. Schedule 1 has been amended slightly, the requirements in paragraphs (b)(ii) and (iii) have been merged to better reflect the requirements of Article 4 of the Directive. European Standards EN ISO/IEC 17020 “General criteria for the operation of various types of bodies performing inspection” accepted by CEN/CENELEC on 15th July 2004 and 17025 “General requirements for the competence of testing and calibration laboratories” accepted by CEN/CENELEC on 15th March 2005 can be obtained from the British Standards Institution, BSI Library and Bookshop, 389 Chiswick High Road, London W4 4AL, or through British Standards Online at www.bsonline.bsi-global.com. The publication “Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method)”, WHO Geneva 1997 (ISBN 92 4 154496 1) can be obtained online at www.who.int/publications/. A full impact assessment of the effect that these Regulations will have on the costs of business is available from the Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS. A copy of the transposition note in relation to implementation of the Directives set out in paragraph (1) can be obtained from the Health and Safety Executive, International Branch, also at the Redgrave Court address. Copies of both these documents have been placed in the Library of each House of Parliament and are annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.

Offences created by this instrument

Contravention of The Control of Asbestos Regulations 2012 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2024 Lords · Grand Committee · 19 February 2024 · Viscount Younger of Leckie (Con)
My Lords, I start by thanking all noble Lords here today for their contributions to this short debate. As has been the case in previous years, it has demonstrated the profound interest in these schemes that is present in the House—indeed, in this Committee. I should start off by saying this: it is important that we all remain mindful that these debates are about those whose lives have been impacted by these dreadful diseases. I particularly appreciate the attendance of the noble Baronesses, Lady Donaghy and Lady Finlay, who have broken off from their committee; again, it emphasises the…
Leasehold and Freehold Reform Bill Commons · Commons Chamber · 27 February 2024 · Sir Stephen Timms (East Ham) (Lab)
I rise to speak to new clause 24, which is in my name. It was also considered in Committee. I am most grateful to my hon. Friend the Member for Brent North (Barry Gardiner) for moving it there and to the Minister for his response. I am also grateful to the hon. Member for Loughborough (Jane Hunt) and the right hon. Member for West Suffolk (Matt Hancock) who have added their names to the new clause on the Order Paper. I thank the Minister for his reply in Committee, but I think he missed the crucial central point of the amendment. At the moment, the risks of exposure to asbestos in a…
Asbestos Removal: Non-domestic Buildings Commons · Westminster Hall · 18 June 2025 · The Minister for Social Security and Disability (Sir Stephen Timms)
I am delighted to serve with you in the Chair, Mr Western—for the first time, I think—and I am most grateful to my hon. Friend the Member for South Shields (Emma Lewell) for bringing this important debate to the House. She made the point that this is the first time under the current Government that we have had the opportunity to debate this issue, so I congratulate her on securing this debate. I share in the grief of all those who, like my hon. Friend, have lost somebody close to them as a consequence of exposure to asbestos. As she and others reminded us, it is still by far the biggest…
Asbestos Removal: Non-domestic Buildings Commons · Westminster Hall · 18 June 2025 · Sir Stephen Timms
My hon. Friend raises a very interesting point. I am not aware of any data about that. From time to time, however, one hears of or comes across people who have succumbed to mesothelioma in their 20s or 30s, and an obvious possibility is that they were exposed at school to the dangerous asbestos that led to that catastrophic outcome. Both my hon. Friends have pressed the case for asbestos to be removed, and I want us to have a better understanding of the size and scale of the asbestos legacy in the built environment and an evidence base for future strategic decisions on removal. I have been…

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