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These regulations came into force on 21st November 2002. Regulation 4, (the duty to manage asbestos in non-domestic premises) gives an 18 month lead-in period during which to comply.
Anyone with responsibility for the repair and/or maintenance of non-domestic premises will have a legal duty to manage the risks from asbestos. This includes owners, agents and occupiers.
Anyone with responsibility for premises must determine the presence of asbestos-containing materials within them, produce and maintain/update an asbestos materials register and implement a management plan, regardless of whether they are intending to carry out work. This must be in place by May 2004.
The risk from any asbestos-containing materials present must be assessed and managed, including passing on information to anyone liable to work on or disturb the materials.
Although all or part of the work required to meet the requirements of the new duty may be carried out by others, the duty to manage the potential risk remains with the person responsible for the premises.
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