Paragraph 78

Regulation 6 (arrangements enabling responsibility for enforcement to be assigned in cases of uncertainty) is amended as follows.

For the heading substitute— “ Assignment of responsibility for enforcement in cases of uncertainty: the Executive and the local authority ”.

For paragraph (1) substitute—

“(1A)

This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the local authority by virtue of regulations made under section 18(2) of the 1974 Act for the enforcement of any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there.

(1B)

The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the local authority (acting jointly) to the Executive or to the local authority.

(1C)

An assignment under paragraph (1B) may only be made where the Executive and the local authority agree—

(a)

that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act; and

(b)

which of them is the more appropriate to be responsible for enforcement in that case.

(1D)

Where an assignment is made under paragraph (1B) the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.”.