Official Report search · Parliament Workbench

Committee

Net Zero, Energy and Transport Committee 10 February 2026 [Draft]

10 Feb 2026 · S6 · Net Zero, Energy and Transport Committee

Item of business

Subordinate Legislation

REACH (Amendment) (No 2) Regulations 2026

Martin, Gillian SNP Aberdeenshire East Watch on SPTV

Thank you, convener, for inviting me to give evidence on the two UK statutory instruments.Chemicals safety regulation, which the UK has inherited from the European Union, is complex. It is organised around how chemicals are used. However, as well as that sectoral approach, some regulations apply across the piece and introduce interdependencies between regulations. Such legislation encompasses reserved and devolved competencies, so Scottish ministers play a role in many aspects of decision making within a common framework governance structure. Neither UK SI diminishes that role in the UK regulations that it amends.The first SI, which I will refer to as the HSE SI for brevity, concerns amendments to three separate pieces of chemicals safety legislation that operate across Great Britain and which the Health and Safety Executive has responsibility for, on behalf of the Department for Work and Pensions. Details are contained in the notification that I submitted to the committee, but, briefly, those concern: the classification, labelling and packaging regulation, which is about communicating the hazards of chemicals in the supply chain so that they can be transported, used and disposed of appropriately; the biocides regulation, which is about the placing on the market and safe use of biocides; and the prior informed consent regulation, which controls the import and export of specific highly hazardous chemicals. The HSE SI amends those three regulations in a number of ways that either improve efficiencies or address specific issues related to the resource required to operate them in a GB-only setting.The second instrument, which I will refer to as the REACH SI, concerns deadlines by which companies must register their chemicals under the UK registration, evaluation, authorisation and restriction of chemicals regulation—the REACH regulation.Registration is a cornerstone of how the UK REACH regulation works. Not only does it allow companies to demonstrate that their chemicals can be used safely; it furnishes regulators with the information that they need to see what further controls might be required. However, without a delay, we run the risk of GB businesses not being able to register under UK REACH or, at the least, of companies incurring large needless costs, which I imagine is something that none of us wants.08:45This is the second time that the committee is scrutinising a proposal to postpone the transitional registration deadlines in UK REACH, and the further extension of deadlines is essential to allow work to be completed on a longer-term fix for the issue, which is taking much longer than anticipated due to the sheer complexity and on-going in-depth industry engagement on what is called the alternative transitional registration model—or the ATRM. The Department for Environment, Food and Rural Affairs is leading that work, but devolved Governments are involved in it, too.The HSE statutory instrument will maintain protections for people and the environment, support HSE’s delivery of regulation and, in some cases, should allow us to increase alignment with the EU. Under the UK REACH SI, companies supplying and using chemicals will still adhere to the conditions laid down for use under EU REACH. Any new chemicals introduced since Brexit need to be registered without delay under UK REACH, so they will not come within the scope of this instrument. As such, I am satisfied that we are maintaining standards set when the UK was still in the EU with both these instruments.My officials and I are happy to take any questions.

Search Hansard contributions

Net Zero, Energy and Transport Committee 10 February 2026 [Draft]

In the same item of business