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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Health and Safety (Agriculture) (Miscellaneous Repeals and Modifications) Regulations 1976 No. 1247 URL: http://www.bailii.org/uk/legis/num_reg/1976/uksi_19761247_en.html |
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Statutory Instruments
HEALTH AND SAFETY
AGRICULTURE
Made
3rd August 1976
Laid before Parliament
12th August 1976
Coming into Operation
6th September 1976
The Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly in exercise of the powers conferred on them by section 15(1) and (3)(a) of the Health and Safety at Work etc. Act 1974 as amended by section 116 of and paragraph 6 of Schedule 15 to the Employment Protection Act 1975 and of all other powers enabling them in that behalf and for the purpose of giving effect without modifications to proposals submitted to them by the Health and Safety Commission under section 11(2)(d) of the said Act of 1974 after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby make the following Regulations:-
1.-(1) These Regulations may be cited as the Health and Safety (Agriculture) (Miscellaneous Repeals and Modifications) Regulations 1976 and shall come into operation on 6th September 1976.
(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
2.-(1) The provisions of the Agriculture (Poisonous Substances) Act 1952 specified in column 1 of Schedule 1 to these Regulations shall be repealed or modified, as the case may be, to the extent set out opposite thereto in column 2 of that Schedule.
(2) The provisions of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 specified in column 1 of Schedule 2 to these Regulations shall be repealed or modified, as the case may be, to the extent set out opposite thereto in column 2 of that Schedule.
3. The provisions of the Regulations specified in column 1 of Schedule 3 to these Regulations shall be modified to the extent set out opposite thereto in column 2 of that Schedule.
Signed by order of the Secretary of State.
John Grant
Joint Parliamentary Under Secretary of State
Department of Employment
30th July 1976
Bruce Millan
Secretary of State for Scotland
2nd August 1976
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd August 1976.
L.S.
Frederick Peart
Minister of Agriculture, Fisheries and Food
Regulation 2(1)
| 1 | 2 |
|---|---|
| Provisions | Repeals and modifications |
| 1. Section 6(2)(c) and (4). | 1. For "appropriate Minister" substitute "Health and Safety Executive". |
| 2. Section 8. | 2. This section is hereby repealed. |
| 3. Section 10(1). | 3. The definition of "the appropriate Minister" is hereby repealed. |
Regulation 2(2)
| 1 | 2 |
|---|---|
| Provisions | Repeals and modifications |
| 1. Section 3(2). | 1. For "appropriate Minister", in both places where those words occur, substitute "Health and Safety Executive". |
| 2. Section 3(5). | 2. For "the appropriate Minister" substitute "the Health and Safety Executive", for "he" substitute "the Executive" and for "the Minister" substitute "the Executive". |
| 3. Section 3(7)(a). | 3. For "Minister" substitute "Executive". |
| 4. Section 23. | 4. This section is hereby repealed. |
| 5. Section 24(1). | 5. (a) The definition of "the appropriate Minister" is hereby repealed. (b) For the definition of "inspector" substitute the following definition:- "`inspector' means |
Regulation 3
| 1 | 2 |
|---|---|
| Regulations | Modifications |
| 1. The Agriculture (Power Take-Off) Regulations 1957, Regulation 5. | (a) In paragraph (1), for "Minister" substitute "Health and Safety Executive". (b) Omit paragraph (2). |
| 2. The Agriculture (Circular Saws) Regulations 1959, Regulation 6. | (a) In paragraph (1), for "Minister" substitute "Health and Safety Executive". (b) Omit paragraph (2). |
| 3. The Agriculture (Safeguarding of Workplaces) Regulations 1959, Regulation 5. | (a) In paragraph (1), for "Minister" substitute "Health and Safety Executive". (b) Omit paragraph (2). |
| 4. The Agriculture (Stationary Machinery) Regulations 1959, Regulation 5. | (a) In paragraph (1), for "Minister" substitute "Health and Safety Executive". (b) Omit paragraph (2). |
| 5. The Agriculture (Threshers and Balers) Regulations 1960, Regulation 7. | (a) In paragraph (1), for "Minister" substitute "Health and Safety Executive". (b) Omit paragraph (2). |
| 6. The Agriculture (Field Machinery) Regulations 1962, Regulation 5. | (a) In paragraph (1), for "Minister" substitute "Health and Safety Executive". (b) Omit paragraph (2). |
| 7. The Agriculture (Tractor Cabs) Regulations 1974- | |
| (a) Regulation 2(1). | (a) (i) After the definition of "building" insert the following definition:- ".`the Executive' means (ii) Omit the definitions of "the Ministers" and "the appropriate Minister". |
| (b) Regulation 3(1), (2) and (3). | (b) For "Ministers" substitute "Executive". |
| (c) Regulation 3(4) and (5). | (c) For "Ministers have" substitute "Executive has". |
| (d) Regulation 3(9), (10)(b)(i) and (ii), (11) and (12). | (d) For "Ministers" substitute "Executive". |
| (e) Regulations 7(1) and (4) and 8(1). | (e) For "appropriate Minister" substitute "Executive". |
| (f) Schedule, Part I, paragraph 1(1). | (f) For "Ministers have" substitute "Executive has". |
| 8. The Health and Safety (Agriculture) (Poisonous Substances) Regulations 1975- | |
| (a) Regulation 3(1). | (a) (i) For the definition of "inspector", substitute the following definition:- "`inspector' means (ii) Omit the definition of "the Minister". (iii) In the definition of "specified substance in capsule form", for "Minister" substitute "Health and Safety Executive". |
| (b) Schedule 1, Part I, paragraph 1. | (b) In the definitions of "dust-mask" and "respirator" for "Minister", substitute "Health and Safety Executive". |
These Regulations contain repeals and modifications of provisions of-
(a) the Agriculture (Poisonous Substances) Act 1952;
(b) the Agriculture (Safety, Health and Welfare Provisions) Act 1956;
(c) certain Regulations made under the 1956 Act; and
(d) certain Regulations made under the Health and Safety at Work etc. Act 1974 which affect farm safety.
The Regulations are made in consequence of the amendment of the Health and Safety at Work etc. Act 1974 by the Employment Protection Act 1975 giving the Health and Safety Commission responsibilities for farm safety. They transfer to the Health and Safety Executive certain functions hitherto performed by the Minister of Agriculture, Fisheries and Food (or in Scotland, by the Secretary of State). They also repeal spent provisions.