Citation and commencement

1.-(1) These Regulations may be cited as the Health and Safety (Miscellaneous Revocations and Amendments) Regulations 2013.

(2) These Regulations come into force-

(a)as to this regulation and regulations 2 and 4, on 1st October 2013; and

(b)as to regulations 3 and 5, on 6th April 2014.

Revocation in relation to the Health and Safety (First-Aid) Regulations 1981

2.  Regulation 18 of and Schedule 14 to the Health and Safety (Fees) Regulations 2012(4) (fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981) are revoked.

Revocations in relation to the Docks Regulations 1988

3.  The revocations listed in the Schedule have effect.

Amendment to the Health and Safety (First-Aid) Regulations 1981

4.  For regulation 3(2) of the Health and Safety (First-Aid) Regulations 1981(5) (duty of employer to make provision for first-aid), substitute-

"(2) Subject to paragraphs (3) and (4), an employer shall provide, or ensure that there is provided, such number of suitable persons as is adequate and appropriate in the circumstances for rendering first-aid to his employees if they are injured or become ill at work; and for this purpose a person shall not be suitable unless he has undergone such training and has such qualifications as may be appropriate in the circumstances of that case.".

Amendments to the Work at Height Regulations 2005

5.-(1) The Work at Height Regulations 2005(6) are amended as follows.

(2) After regulation 8, insert-

"8A    Dock Operations

In relation to work at height where people are engaged in dock operations, every employer shall ensure that Schedule 9 is complied with.".

(3) After Schedule 8, add-

Regulation 8A

"SCHEDULE 9REQUIREMENTS FOR WORK IN DOCKS

1.  In relation to work at height where people are engaged in dock operations, there shall be secure and adequate guardrails at the following places-

(a)every break, dangerous corner and other dangerous part or edge of a dock, wharf, quay or jetty; and

(b)every open side of a gangway, footway over a bridge, caisson or dock gate,

except in so far as the provision of such guardrails is impracticable because of the nature of the work carried out there and the work is in progress.

2.  In this Schedule-

"dock gate" means any lock gate or other gate which can close off the entrance to the dock or part of the dock from the sea or other waterway but does not include any gate on land which controls access by vehicles or pedestrians;

"dock operations" means-

but does not include-

"dock premises" means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities;

"freight container" means a container as defined in regulation 2 of the Freight Containers (Safety Convention) Regulations 1984(8);

"goods" includes-

"pleasure craft" means any description of vessel when used solely for sport or recreation, other than for carrying fare paying passengers;

"ship" includes all vessels and hovercraft which operate on water or land and water;

"vehicle" includes all lift trucks, locomotives and rolling-stock, and trailers and semi-trailers and other mechanical plant which moves on wheels, tracks, skids or any combination thereof;

"vessel" means any description of craft used for the transport of goods or passengers or the storage of goods or the accommodation of passengers on water, whether used in navigation or not;

"welfare amenities" means–

Regulation 3

SCHEDULEREVOCATIONS IN RELATION TO THE DOCKS REGULATIONS 1988

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make revocations and amendments to legislation relating to health and safety using powers under the Health and Safety at Work etc. Act 1974. The revocations and amendments concern, discretely, first-aid and docks.

Regulation 4 amends regulation 3(2) of the Health and Safety (First-aid) Regulations 1981 to remove the requirement for the HSE to approve the training and qualifications of appointed first-aid personnel. Regulation 2 is a consequential amendment revoking provisions on fees for these applications and approvals.

Regulation 3 introduces the Schedule, which provides for the revocation of the Docks Regulations 1988 ("the 1988 Regulations"). The requirements in the 1988 Regulations are covered by more recent legislation, including that which has been transposed from directives of the European Union. As a consequence of the revocation of the 1988 Regulations, regulation 12(2)(b) of the Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003 and regulation 3(4)(b) of the Work at Height Regulations 2005 ("the 2005 Regulations") are also revoked. Regulation 5 amends the 2005 Regulations as a consequence of the revocation of the 1988 Regulations, such that special provision for people working at height while engaged in dock operations remains.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and is available in the libraries of both Houses of Parliament, and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.