Competent authorityN.I.
This section has no associated Explanatory Memorandum
21.—(1) Subject to [paragraphs (2) and (2A)] , the competent authority for Northern Ireland for the purposes of these Regulations is the Health and Safety Executive for Northern Ireland.
[(2) The competent authority for Northern Ireland is the Department for Infrastructure for the functions of the competent authority in relation to—
(a)the inspection of vehicles; and
(b)the issue of certificates following inspections or copies thereof, in pursuance of chapter 9.1 of Annex B to ADR.
(2A) The competent authority for Northern Ireland is the Department of Agriculture, Environment and Rural Affairs for the functions of the competent authority in relation to ADR carriage of class 7 goods by road.]
(3) The Northern Ireland competent authority may appoint a person to carry out a function of the Northern Ireland competent authority under these Regulations and a reference in these Regulations to the performance of the function by the Northern Ireland competent authority is to be treated as including a reference to the performance of the function by the person appointed.
(4) The person may be appointed to carry out the function in particular circumstances or generally.
(5) Paragraphs (6) and (7) apply if the 2006 Northern Ireland competent authority appointed, or was deemed by regulation 29 of the 2006 Regulations to have appointed, a person to perform a competent authority function pursuant to regulation 26 of those Regulations and that appointment had effect immediately before the coming into operation of these Regulations.
(6) The person appointed, or deemed appointed, under the 2006 Regulations shall be deemed to be a person appointed pursuant to paragraph (3) to perform the equivalent function in ADR or RID.
(7) But in the case of a function performed in relation to carriage by inland waterway, the Northern Ireland competent authority shall be deemed to have performed the function under the equivalent provision of ADN as it was performed, or deemed performed, under ADR pursuant to regulation 26 of the 2006 Regulations.
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