Advice on lead in old paint - Advice Sheet 4
Lead paint and the law
This advice sheet is intended to support the guidance given in the leaflet
Planning to decorate? Do it safely
(174 KB)- to provide more detailed information on identifying and safely
dealing with lead paint in your home.
Legislation concerning lead paint
- Legislation recognising the toxicity of lead paints was first introduced in 1921 when the International Labour Organisation (ILO) implemented a convention restricting the use of white lead in paints. The convention - ILO Convention 13 "Convention Concerning the Use of White Lead in Painting" - came into force in 1923, though this was not ratified by all countries.
- UK Lead Paint Regulations 1927 (which has been superseded by the Control of Lead at Work Regulations 1998) implemented ILO Convention 13 advising on safe working practices when using lead paints.
- In 1988, an 8th amendment to the Marketing and Use Directive 76/769/EEC proposed a complete ban on the use of lead carbonate and sulphate pigments (white lead) in paints. However, in September 1989, the European Parliament permitted a derogation in the Marketing and Use Directive (89/677/EEC) allowing the use of leaded paints for works of art and historic buildings. The Directive stated that lead carbonates and sulphates "may not be used as substances or constituents of preparations intended for use as paints, except for the restoration and maintenance of works of art and historic buildings and their interiors, where member states wish to authorise this on their territory, in accordance with the provisions of ILO Convention 13 on the use of white lead in paint".
- The UK has implemented the provisions of the Directive through the Environmental Protection (Controls on Injurious Substances) Regulations 1992 (Statutory Instrument 1992/31), which allow restricted use of lead paint in accordance with the 1989 European Marketing and Use Directive. The UK Regulations allow the manufacture and use of lead paint (containing white lead), but in controlled and special circumstances for the redecoration of Grade I and II * (Categories A, B and C(S) in Scotland) listed historic buildings. Strict regulations apply to its use. The general sale of lead paint in the UK is prohibited under these Regulations.
- Professionals should refer to Lead at Work Regulations 1998 SI 543, Control of Lead at Work ACOP 1985 and The Construction (Design and Management) Regulations 1994 SI 3140. The Regulations require that any specifier/employer must avoid foreseeable risks to the health and safety of an employee, combat these risks and protect any person associated with or who may be affected by the work being done. These persons should also be provided with adequate information on any aspects of the work which may affect their health and safety.
- Professional painters should dispose of lead wastes in accordance with the Environmental Protection (Duty of Care) Regulations 1992. They may need to check with their local Environmental Health Officer and/or Waste Regulatory Authority for any special disposal provision.
Where can I find out more?
More information on lead paint is available on this website in the following advice sheets (you are reading Advice Sheet 4):
- Advice Sheet 1 - Look out for lead paint
- Advice Sheet 2 - Testing for lead paint
- Advice Sheet 3 - Restoration methods and safe working
- Advice Sheet 5 - Professional help and advice
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Page last modified:
16 August 2005
Page published 12 April 2001
