{
  "url": "https://openlegislation.uk/health-and-safety-at-work-northern-ireland-order-1978/article-36",
  "json_url": "https://openlegislation.uk/health-and-safety-at-work-northern-ireland-order-1978/article-36.json",
  "legislation": "nisi/1978/1039",
  "legislation_title": "Health and Safety at Work (Northern Ireland) Order 1978",
  "legislation_url": "https://openlegislation.uk/health-and-safety-at-work-northern-ireland-order-1978",
  "path": "article/36",
  "kind": "article",
  "number": "36",
  "heading": "Prosecutions by inspectors",
  "text": "An inspector, if authorised in that behalf by the enforcing authority which appointed him, may, although not of counsel or a solicitor, prosecute before a court of summary jurisdiction proceedings for an offence under any of the relevant statutory provisions.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "mod. by SR 2000/87; 2000/120"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "mod. by 2002 c. 8 (NI)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Art. 36 applied (2.4.2006) by The Railways (Interoperability) Regulations 2006 (S.I. 2006/397), reg. 35"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "Arts. 34-38 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)"
    },
    {
      "type": "C",
      "label": "C5",
      "text": "Art. 36 applied (with modifications) (16.1.2012) by Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 40(2)(3)(g) (with reg. 3)"
    },
    {
      "type": "C",
      "label": "C6",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C7",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C8",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C9",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C10",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C11",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C12",
      "text": "Art. 36 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))"
    },
    {
      "type": "C",
      "label": "C13",
      "text": "Art. 36 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)"
    },
    {
      "type": "C",
      "label": "C14",
      "text": "Art. 36 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), reg. 1, Sch. 7 paras. 1(p), 2 (with reg. 3)"
    },
    {
      "type": "C",
      "label": "C15",
      "text": "Art. 36 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg. 1, Sch. 9 paras. 1(q), 2 (with regs. 3-5)"
    },
    {
      "type": "C",
      "label": "C16",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C17",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C18",
      "text": "Art. 36 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(p)"
    },
    {
      "type": "C",
      "label": "C19",
      "text": "Art. 36 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))"
    },
    {
      "type": "C",
      "label": "C20",
      "text": "Arts. 32-39 applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I. 2018/816), regs. 1, 22(1)-(3) (with reg. 4)"
    },
    {
      "type": "C",
      "label": "C21",
      "text": "Art. 36 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), reg. 1, Sch. 9 paras. 1(p), 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)))"
    },
    {
      "type": "C",
      "label": "C22",
      "text": "Art. 36 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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1978/1039/article/36",
    "retrieved_at": "2026-10-29T04:53:10.667484+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}