Introductory text

Health And Safety

Made 4th June 2015

Coming into operation 1st July 2015

The Department of Enterprise, Trade and Investment^f1, being the Department concerned^f2, makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)^f3 and Articles 17(1), (2) and (3), 54(1) and 55(2) of the Health and Safety at Work (Northern Ireland) Order 1978^f4 (“the 1978 Order”).

The Department was designated for the purposes of section 2(2) of the 1972 Act in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations^f5.

The Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for the references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)^f6 of the 1978 Order after the Executive has carried out consultations in accordance with Article 46(3)^f7.

It appears to the Department that the modifications made by regulation 13 are expedient as set out in Article 54(1) of the 1978 Order. It also appears to the Department not to be appropriate to consult bodies in respect of those modifications for the purposes of Article 54(5) of the 1978 Order.

Annotations

Footnotes

f1: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3
f2: See Article 2(2) of S.I. 1978/1039 (N.I. 9)
f3: 1972 c. 68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51). Section 2(2) was further amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7)
f4: S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19
f5: S.I. 1976/897, to which there are amendments not relevant to these Regulations
f6: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4
f7: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18