# The Train Driving Licences and Certificates Regulations (Northern Ireland) 2010, Regulation 40: Enforcement

Extent: N.I.

(1) It is the duty of the Department to make adequate arrangements for the enforcement of these Regulations.
(2) Subject to paragraph 5, the provisions of the 1978 Order specified in paragraph (3) (“the specified provisions”) apply for the purpose of the enforcement of these Regulations as if in the specified provisions—
(a) a reference to the “enforcing authority” was a reference to the Department;
(b) a reference to the “relevant statutory provisions” was a reference to these Regulations;
(c) a reference to “health and safety regulations” was a reference to these Regulations;
(d) in article 31(2) the reference to “Schedule 3A” was a reference to Regulation 40(4) of these Regulations.
(3) The provisions of the 1978 Order referred to in paragraph (2) are as follows—
(a) articles 21 and 22 (appointment and powers of inspectors) excluding article 22(3);
(b) articles 23 and 24 (improvement and prohibition notices);
(c) article 25 (provisions supplementary to articles 23 and 24);
(d) article 26 (appeal against improvement and prohibition notices);
(e) article 28 (power to indemnify inspectors);
(f) article 30 (restrictions on disclosure of information);
(g) articles 31(1)(c), (e) to (h), (j) to (o) and (2), 32(1)(c) and (d) and (2), 33, 34(1) and (2), 35 to 38 and 39(1) to (3) (provision as to offences; ...
(4) The mode of trial and maximum penalty applicable to each offence under Article 31 of the 1978 Order so applied and listed in the first column of the following table are set out opposite that offence in the subsequent columns of the table
Offence
Mode of trial
Penalty on summary conviction
Penalty on conviction on indictment
An offence under article 31(1)(c), (e), (f), (g), (j), (k), (l), (m) or (n).
Summarily or on indictment.
Imprisonment for a term of not exceeding 3 months, or a fine not exceeding level 5 on the standard scale as if the offence was triable only summarily, or both.
Imprisonment for a term not exceeding 2 years, or a fine, or both.
An offence under article 33(l)(h).
Summarily only.
Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.
An offence under article 33(l)(n)
Summarily only.
A fine not exceeding level 5 on the standard scale.
(5) A failure to discharge a duty placed on the Department by these Regulations shall not be an offence under section 31(1) of the 1978 Order.

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Source: https://www.legislation.gov.uk/nisr/2010/132/regulation/40 (the official version)
Page: https://openlegislation.uk/train-driving-licences-and-certificates-regulations-northern-ireland-2010/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.