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The Health and Safety (Enforcing Authority) Regulations 1998

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Changes over time for: Section 6A

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[F1Assignment of responsibility for enforcement in cases of uncertainty: the Executive and the ONRU.K.

6A.(1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the ONR by virtue of regulations made under section 15 or 18(2) of the 1974 Act for the enforcement of—

(a)section 6 of the 1974 Act in respect of any particular article for use at work or substance; or

(b)any other relevant statutory provision in respect of any premises, part of premises or any activity carried on there.

(2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the ONR (acting jointly) to the Executive or the ONR.

(3) An assignment under paragraph (2) may be made only where the Executive and the ONR agree—

(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 15 or 18(2) of the 1974 Act are; and

(b)which of them is more appropriate to be responsible for enforcement in that case.

(4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.]

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