OpenLegislation

Article 31 OffencesF1F2C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19

Northern Ireland

(1)

Any person who—

(a)

fails to discharge a duty to which he is subject by virtue of Articles 4 to 8;

(b)

contravenes Article 9 or 10;

C20C21C22C23C24C25(c)

contravenes any health and safety regulations or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations);

(d)

contravenes any requirement imposed by or under regulations under Article 16 or intentionally obstructs any person in the exercise of his powers under that Article;

C26C27(e)

contravenes any requirement imposed by an inspector under Article 22 or 27;

(f)

prevents or attempts to prevent any other person from appearing before an inspector or from answering any question to which an inspector may by virtue of Article 22(2) require an answer;

(g)

contravenes any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal);

(h)

intentionally obstructs an inspector in the exercise or performance of his powers or dutiesF3 or obstructs a customs officer in the exercise of his powers under Article 27A;

(i)

contravenes any requirement imposed by a notice under Article 29(1);

C28(j)

uses or discloses any information in contravention of ArticleF4. . . 30;

C29(k)

makes a statement which he knows to be false or recklessly makes a statement which is false where the statement is made—

(i)

in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or

(ii)

for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person;

(l)

intentionally makes a false entry in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, makes use of any such entry which he knows to be false;

(m)

with intent to deceive,F5. . . uses a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or makes or has in his possession a document so closely resembling any such document as to be calculated to deceive;

(n)

falsely pretends to be an inspector;

(o)

fails to comply with an order made by a court under Article 39;

shall be guilty of an offence.

C30C31(F62)

Schedule 3A (which specifies the mode of trial and maximum penalty applicable to offences under this Article and the existing statutory provisions) has effect.

(3)

Schedule 3A is subject to any provision made by virtue of Article 17(6)(c) or (d).

  • Para.(6) rep. by 1992 NI 17

  • Para.(7) rep. by 1981 c. 45

Annotations

Textual amendments

F1

mod. by SR 2000/87; 2000/120

F2

mod. by 2002 c. 8 (NI)

F3

1987 NI 20

F4

1988 NI 3

F5

1986 NI 15

F6

Art. 31(2)(3) substituted (16.1.2009) for art. 31(1A)-(5) by Health and Safety (Offences) Act 2008 (c. 20), ss. 1(3), 3(2) (with s. 3(3))

Modifications

C1

Art. 31 applied (2.4.2006) by The Railways (Interoperability) Regulations 2006 (S.I. 2006/397), reg. 35

C2

Arts. 31-39 applied (with modifications) (27.7.2009) by Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/238), reg. 14(1)(b)

C3

Arts. 31-39 applied (with modifications) (24.8.2009) by Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/273), reg. 14(1)(b)

C4

Arts. 31-39 applied (with modifications) (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(1), 7(1)(b) (with regs. 3, 8-15, 19, 20, 21)

C5

Arts. 31-39 applied (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 20 (with regs. 3(4)(5), 31, 32, 33(2))

C6

Arts. 31-39 applied (with mofifications) (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(2), 16 (with regs. 3, 19, 20, 21)

C7

Arts. 31-39 applied with modification(s) (1.6.2015) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 5(1)(b), 9, 10

C8

Arts. 31-39 applied (with modifications) (28.9.2015) by The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 (S.R. 2015/325), regs. 1, 27(1)(d) (with regs. 3(2), 27(3))

C9

Arts. 31-39 applied (23.10.2015) by The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 (S.R. 2015/339), regs. 1, 30(2)(a) (with reg. 3(1)(2))

C10

Arts. 23-33 applied (with modifications) (21.10.2016) by The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016 (S.R. 2016/366), reg. 1, Sch. 2 paras. 6(a), 7 (with Sch. 2 para. 7(2))

C11

Art. 31 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg. 1, Sch. 9 paras. 1(n), 2 (with regs. 3-5)

C12

Arts. 31-39 applied (19.12.2016) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016 (S.R. 2016/406), regs. 1, 36(1)(d) (with reg. 4(2), Sch. 15)

C13

Arts. 31-39 applied (19.12.2016) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016 (S.R. 2016/406), regs. 1, 36(8)(d) (with reg. 4(2), Sch. 15)

C14

Art. 31 applied (with modifications) (10.7.2017) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (S.R. 2017/90), reg. 1, Sch. 4 para. 1(m)

C15

Art. 31 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390), reg. 1(1), Sch. 3 (with reg. 2(1)-(3))

C16

Art. 31 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), reg. 1, Sch. 7 paras. 1(m), 2 (with reg. 3) (as amended (1.10.2018) by The Simple Pressure Vessels, Electrical Equipment and Pressure Equipment (Miscellaneous Amendments) (Northern Ireland) Regulations 2018 (S.I. 2018/966), regs. 1(1), 2(2)(d) (with reg. 1(2)-(4)))

C17

Art. 31 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101), reg. 1, Sch. 5 paras. 1, 2 (with reg. 3) (as amended (1.10.2018) by The Simple Pressure Vessels, Electrical Equipment and Pressure Equipment (Miscellaneous Amendments) (Northern Ireland) Regulations 2018 (S.I. 2018/966), regs. 1(1), 3(2) (with reg. 1(2)-(4)))

C18

Art. 31 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), reg. 1, Sch. 9 paras. 1(m), 2 (with reg. 88) (as amended (1.10.2018) by The Simple Pressure Vessels, Electrical Equipment and Pressure Equipment (Miscellaneous Amendments) (Northern Ireland) Regulations 2018 (S.I. 2018/966), regs. 1(1), 4(2) (with reg. 1(2)-(4)))

C19

Art. 31 applied (with modifications) (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 2021/858), reg. 1(1), Sch. 3 paras. 2, 3 (with reg. 3)

C20

Art. 31(1)(c) applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(g)

C21

Art. 31(1)(c)(e)-(h)(j)-(o) applied (with modifications) (16.1.2012) by Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 40(2)(3)(g) (with reg. 3)

C22

Art. 31(1)(c) excluded (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 21 (with regs. 3(4)(5), 31)

C23

Art. 31(1)(c) applied (28.9.2015) by The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 (S.R. 2015/325), regs. 1, 27(4) (with regs. 3(2), 27(3))

C24

Art. 31(1)(c) excluded (23.10.2015) by The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 (S.R. 2015/339), regs. 1, 30(4) (with reg. 3(1)(2))

C25

Art. 31(1)(c) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I. 2018/816), regs. 1, 22 (with reg. 4)

C26

Art. 31(1)(e)-(h) applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(g)

C27

Art. 31(1)(e)-(i) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I. 2018/816), regs. 1, 22(1)-(3) (with reg. 4)

C28

Art. 31(1)(j)-(o) applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(g)

C29

Art. 31(1)(k)-(o) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I. 2018/816), regs. 1, 22(1)-(3) (with reg. 4)

C30

Art. 31(2) applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(g)

C31

Art. 31(2) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I. 2018/816), regs. 1, 22(1)-(3) (with reg. 4)

Notes on Part II

Textual amendments

F1

mod. by SR 2001/295

Modifications

C1

Pt. II restricted (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 47 (with arts. 44, 46, 47(2), 49, 62); S.R. 2010/328, art. 2