{
  "url": "https://openlegislation.uk/health-and-safety-at-work-northern-ireland-order-1978/article-46",
  "json_url": "https://openlegislation.uk/health-and-safety-at-work-northern-ireland-order-1978/article-46.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/46",
  "kind": "article",
  "number": "46",
  "heading": "Regulations under the relevant statutory provisions",
  "text": "(1) Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Department concerned that power may be exercised either so as to give effect (with or without modifications) to proposals submitted by the Executive under Article 13 (1A)( c) or independently of any such proposals; but the Department concerned shall not exercise that power independently of such proposals unless that Department has consulted the Executive and such other bodies as appear to that Department to be appropriate.\n(2) Where the Department concerned proposes to exercise any such power as is mentioned in paragraph (1) so as to give effect to any such proposals as are there mentioned with modifications, that Department shall, before making the regulations, consult the Executive.\n(3) Where the Executive proposes to submit under Article 13 (1A)( c) any such proposals as are mentioned in paragraph (1) except proposals for the making of regulations under Article 40(2), it shall, before so submitting them, consult—\n(a) any government department or other body that appears to the Executive to be appropriate (and, in particular, in the case of proposals for the making of regulations under Article 20(2), any body representing district councils that so appears, and, in the case of proposals for the making of regulations relating to electro-magnetic radiations, the Department of Health and Social Services ...);\n(b) such government departments and other bodies, if any, as, in relation to any matter dealt with in the proposals, the Executive is required to consult, under this paragraph by virtue of directions given to it by the Department.",
  "extent": "N.I.",
  "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": "F",
      "label": "F3",
      "text": "1998 NI 18"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in art. 46(3)(a) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 7(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1978/1039/article/46",
    "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."
}