The Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

Enforcement N.I.

14.— [F1 (1) To the extent that they would not otherwise do so, Articles—

(a) 18 to 30 (approval of codes of practice; enforcement; indemnification of inspectors; power to obtain information and restrictions on disclosure of information);

(b) 31 to 39 (provisions as to offences); and

(c) 43(2) (civil liability),

of the 1978 Order shall apply to these Regulations and the CLP Regulation as if these Regulations and the CLP Regulation were health and safety regulations for the purposes of that Order except that these Articles shall not apply to duties placed by the CLP Regulation on the competent authority or the Member State.

[F2 (1A) The maximum penalty for an offence under this regulation is—

(a) on summary conviction, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

(b) on conviction on indictment, imprisonment for a term not exceeding two years, or a fine or both.]

(2) Any function of the Secretary of State for Northern Ireland under any other provision of the 1978 Order under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if these Regulations and the CLP Regulation were health and safety regulations for the purpose of that Order to the extent that they would not otherwise do so.

(3) Notwithstanding anything in the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999(1) and subject to paragraph (4), the enforcing authority for these Regulations and the CLP Regulation shall be the Secretary of State.

(4) Where a substance or preparation is supplied, or a substance, mixture or article falling within the meaning of and the provisions of the CLP Regulation is placed on the market within the meaning of the CLP Regulation in or from premises which are registered under section 75 of the Medicines Act 1968(2), the enforcing authority shall be the Department of Health, Social Services and Public Safety.]

Textual Amendments

F1 Regs. 14-17 revoked (except to the extent they continue to apply for the purposes of enforcing reg. 12 of S.R. 2009/273) (with effect in accordance with reg. 11(b) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(b) (with reg. 2)

F2 Reg. 14(1A) inserted (31.5.2015) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(3), 12(2) (with reg. 2)

Commencement Information

I1 Reg. 14 in operation at 24.8.2009, see reg. 1

(1)

S.R. 1999 No. 90, as amended by S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31 and S.R. 2007 No. 291

(2)

1968 c. 67; section 75(8) was amended by S.I. 1968/1699