Health and Safety at Work (Northern Ireland) Order 1978

Regulations under the relevant statutory provisions N.I.

46 .F1 —F2 (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[F3 proposals] submitted by the[F3 Executive] under Article 13[F3 (1A)( c)] or independently of any such[F3 proposals]; but the Department concerned shall not exercise that power independently of such[F3 proposals] unless that Department has consulted the[F3 Executive] and such other bodies as appear to that Department to be appropriate.

(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[F3 proposals] as are there mentioned with modifications, that Department shall, before making the regulations, consult the[F3 Executive].

(3) Where the[F3 Executive] proposes to submit under Article 13[F3 (1A)( c)] any such[F3 proposals] as are mentioned in paragraph (1) except[F3 proposals] for the making of regulations under Article 40(2), it shall, before so submitting them, consult—

(a) any government department or other body that appears to the[F3 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 F4 ...);

(b) such government departments and other bodies, if any, as, in relation to any matter dealt with in the proposals, the[F3 Executive] is required to consult, under this paragraph by virtue of directions given to it by the Department.

F1 mod. by SR 2000/87; 2000/120

F2 mod. by 2002 c. 8 (NI)

F3 1998 NI 18

F4 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)