Paragraph 5 Modifications of the Basic Safety Standards DirectiveI1

Northern Ireland

(1)

For the purposes of these Regulations F1and the legislation specified in regulation 5, the Basic Safety Standards Directive is to be read in accordance with this paragraph.

(2)

Article 4 is to be read as if—

(a)

in points (11), (47) and (57), for “competent authority” there were substituted “ Department ”;

(b)

in point (34) for a “a competent authority” there were substituted “ the Department ”;

(c)

in point (43) for “any competent authority” there were substituted “ the Department ”;

(d)

in point (79)—

(i)

for “Member State” in the first and second place it occurs there were substituted “ Department ”;

(ii)

for “a competent regulatory authority” there were substituted “ the Department ”; and

(iii)

for “Member State” in the third place it occurs there were substituted “ United Kingdom ”;

(e)

in point (86) for “competent authority” in the first and second place it occurs there were substituted “ the Department ”.

(3)

Article 12 is to be read as if for “Member States” where it occurs there were substitute “ the Department ”.

(4)

Article 30(4) is to be read as if—

(a)

in the first sentence, for “Member States” there were substituted “ The Department ”; and

(b)

in the third sentence for “Competent Authority” there were substituted “ Department ”.

(5)

Article 66 is to be read as if—

(a)

in paragraphs 1 and 2 , for “Member States” in each place it occurs there were substituted “ The Department ”; and

(b)

in paragraph 3, in the words before point (a), for “competent authority” there were substituted “ Department ”.

(6)

Article 75 is to be read as if—

(a)

in paragraph 2—

(i)

in the words before point (a)—

(aa)

for “Member State” there were substituted “ Department ”; and

(bb)

for “Member States” there were substituted “ the Department ”;

(ii)

in point (b), for “competent authority” there were substituted “ Department ”;

(b)

in paragraph 3, for “Member States” there were substituted “ the Department ”.

(7)

Articles 85 to 87 are to be read as if—

(a)

for “Member States” in each place it occurs there were substituted “ The Department ”;

(b)

in Article 85(3) and 86(4), for “competent authority” there were substituted “ Department ”.

(8)

Article 88 is to be read as if, in the words before point (a), for the words from “In addition” to “States” there were substituted “ The Department ”.

(9)

Article 89 is to be read as if—

(a)

in the first paragraph—

(i)

the words before point (a)—

(aa)

for “Member States” there were substituted “ The Department ”; and

(bb)

for “competent authority” there were substituted “ Department ”;

(ii)

in point (b), for “Member States” there were substituted “ the Department ”;

(b)

in the second paragraph, for “competent authority” there were substituted “ Department ”.

(10)

Article 90 is to be read as if—

(a)

in the heading, for “competent authority” there were substituted “ Department ”;

(b)

in the first sentence, for “Member States shall ensure that the competent authority keeps” there were substituted “ The Department must keep ”; and

(c)

in the third sentence, for “competent authority” there were substituted “ Department ”.

(11)

Article 91 is to be read as if for “Member States” in both places it occurs there were substituted “ The Department ”.

(12)

Article 92 is to be read as if—

(a)

for “Member States” in each place it occurs there were substituted “ The Department ”; and

(b)

in Article 92(1)(b), for “competent authority” there were substituted “ Department ”.

(13)

Article 93 is to be red as if—

(a)

for “Member States” in each place it occurs there were substituted “ The Department ”; and

(b)

in paragraph (2) for “competent authority” in each place it occurs there were substituted “ Department ”.

(14)

Article 94 is to be read as if—

(a)

in paragraph (1), for “Member States shall ensure that the competent authority is” there were substituted “ The Department be ”; and

(b)

in paragraph (2), for “Member States” there were substituted “ The Department ”.

(15)

Article 95 is to be read as if for “Member States” there were substituted “ The Department ”.

(16)

Article 96 is to be read as if—

(a)

in the first sentence for “Member States” there were substituted “ The Department ”; and

(b)

in paragraph (b) for “competent authority” there were substituted “ Department ”.

(17)

Article 101 is to be read as if for “Member States” there were substituted “ The Department ”.

(18)

Article 102 is to be read as if for “Member States” in both places it occurs there were substituted “ The Department ”.

(19)

Annex 7 is to be read as if—

(a)

in Section 1, in the first sentence, for “competent authority” there were substituted “ the Department ”; and

(b)

in Section 2—

(i)

in points (c) and (d), “Community” were omitted; and

(ii)

in point (e), in the fourth sentence, for “competent authority” there were substituted “the Department;

(c)

in Section 3—

(i)

in point (d), for “Member States” there were substituted “ the Department ”;

(ii)

in point (e), in the first paragraph, in the fourth indent, in the third sentence, for “Member States” there were substituted “ the Department ”;

(d)

in Table A Part 1, in the final paragraph, for “competent authority” there were substituted “ the Department ”.

(20)

Annex 14 is to be read as if, in the form, in the note, for “Community” there were substituted “ United Kingdom ”.

(21)

Annex 15 is to be read as if—

(a)

in point (b), for “Member States” there were substituted “ the Department ”; and

(b)

in points (d), (e) and (g) for “competent authority” where it occurs there were substituted “ the Department ”.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 5(1) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(b)

Commencement

I1: Sch. 3 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1