Health and Safety at Work (Northern Ireland) Order 1978PART IINTRODUCTORY1Title and commencement2InterpretationPART IIHEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK, AND CONTROL OF DANGEROUS SUBSTANCESPreliminary3PreliminaryGeneral duties4General duties of employers to their employees5General duties of employers and self-employed to persons other than their employees6General duties of persons concerned with premises to persons other than their employees7General duties of manufacturers etc. as regards articles and substances for use at work8General duties of employees at work9Duty not to interfere with or misuse things provided pursuant to certain provisions10Duty not to charge employees for things done or provided pursuant to certain specific requirements11General duty of the Department concernedThe Health and Safety Executive for Northern Ireland12Establishment of the Executive13Functions of the Executive14Control of the Executive by the Department15Additional functions of the ExecutiveInvestigations and inquiries16Investigations and inquiriesHealth and safety regulations and approved codes of practice17Health and safety regulations18Approval of codes of practice by the Executive19Use of approved codes of practice in criminal proceedingsEnforcement20Authorities responsible for enforcement of the relevant statutory provisions21Appointment of inspectors22Powers of inspectors23Improvement notices24Prohibition notices25Provisions supplementary to Articles 23 and 2426Appeal against improvement or prohibition notice27Power to deal with cause of imminent danger27APower of customs officer to detain articles and substances28Power of enforcing authorities to indemnify their inspectorsObtaining and disclosure of information29Obtaining of information29AInformation communicated by Commissioners for Revenue and Customs30Restrictions on disclosure of informationProvisions as to offences31Offences32Extension of time for bringing summary proceedings33Venue34Offences due to fault of other person34AOffences by bodies corporate35Restriction on institution of proceedings36Prosecutions by inspectors37Onus of proving limits of what is practicable etc.38Evidence39Power of court to order cause of offence to be remedied and, in certain cases, forfeitureFinancial provisions40Financial provisionsMiscellaneous and supplementary41Representations in connection with licensing provisions in the relevant statutory provisions42Default powers43Civil liability44Application to Crown45Adaptation of enactments to metric units or appropriate metric units46Regulations under the relevant statutory provisions47Exclusion of application to domestic employment47AApplication of Part to policePART IIITHE EMPLOYMENT MEDICAL ADVISORY SERVICE48The employment medical advisory service49Fees50Supplementary51Amendment of the Factories Act (Northern Ireland) 1965PART IVMISCELLANEOUS AND GENERALArt. 52 rep. by 2004 c. 17 53Application to explosives54General power to repeal or modify statutory provisions55RegulationsArt.56(1), with Schedule 6, effects amendments; para.(2), with Schedule 7,...SCHEDULESSCHEDULE 1EXISTING STATUTORY PROVISIONS1The provisions of the Acts mentioned in the following table which are specified in the...2The provisions of any regulations, orders or other instruments of a legislative character made or...3The provisions of— (a) the Explosives Act 1875, and (b) the Explosives Act (Northern Ireland)...SCHEDULE 2THE HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELANDStatus1The Executive shall be a body corporate to which, subject to paragraph 15, section 19...Para.2 rep by 1998 NI 18Para.2 rep by 1998 NI 18Members3Persons may be appointed as whole-time or part-time members of the Executive .4Subject to paragraphs 5 and 6 a person shall hold and vacate office as chairman...5A person may at any time resign office as chairman , deputy chairman or member...6(1) The Head of the Department may at any time remove a person from office...7Past service as chairman , deputy chairman or member of the Executive is no bar...Remuneration of members8The Department may pay or make such payments towards the provision of such remuneration, allowances...Proceedings9The Executive may regulate its own procedure and business including its quorum.10A person authorised in writing in that behalf by the Department shall be entitled to...11The validity of any proceedings of the Executive shall not be affected by any vacancy...The Seal12The fixing of the common seal of the Executive shall be authenticated by the signature...Instruments13A document purporting to be duly executed under the common seal of the Executive shall...14Any contract or instrument which, if entered into or executed by an individual, would not...Staff15(1) Subject to sub-paragraph (2), the Executive with the approval of the Department and the...Performance of functions16The Executive may authorise any member of the Executive or any officer or servant of...17The Executive with the consent of the Department concerned may appoint officers from that Department...17A(1) The Executive shall prepare in respect of the period ending on 31st March 2000...Accounts and reports18(1) The Executive shall— (a) keep proper accounts and proper records in relation to the...SCHEDULE 3SUBJECT-MATTER OF HEALTH AND SAFETY REGULATIONS1(1) Regulating or prohibiting— (a) the manufacture, supply or use of any plant; (b) the...2(1) Prohibiting or regulating the transport of articles or substances of any specified description. (2)...3(1) Prohibiting the carrying on of any specified activity or the doing of any specified...4Requiring any person, premises or thing to be registered in any specified circumstances or as...5(1) Requiring, in specified circumstances, the appointment (whether in a specified capacity or not) of...6Regulating or prohibiting in specified circumstances the employment of persons.7(1) Requiring the making of arrangements for securing the health of persons at work or...8Imposing requirements with respect to any matter affecting the conditions in which persons work, including...9Securing the provision of specified welfare facilities for persons at work, including in particular such...10Imposing requirements with respect to the provision and use in specified circumstances of protective clothing...11Requiring in specified circumstances the taking of specified precautions in connection with the risk of...12(1) Prohibiting or imposing requirements in connection with the emission within any premises of any...13Imposing requirements with respect to the instruction, training and supervision of persons at work.14(1) Requiring, in specified circumstances, specified matters to be notified in a specified manner to...15Imposing requirements with respect to the keeping and preservation of records and other documents, including...16Imposing requirements with respect to the management of animals.17The following purposes as regards premises of any specified description where persons work, namely— (a)...18Conferring, in specified circumstances involving a risk of fire or explosion, power to search a...19Restricting, prohibiting or requiring the doing of any specified thing where any accident or other...20As regards cases of any specified class, being a class such that the variety in...21Conferring on any district council power to make byelaws with respect to any specified matter,...22(1) In this Schedule “specified” means specified in health and safety regulations. (2) Any mention...SCHEDULE 3AOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTYThe mode of trial and maximum penalty applicable to each offence listed in the first...The mode of trial and maximum penalty applicable to each offence listed in the first...Schedule 4 rep. by 1998 NI 18SCHEDULE 5THE FACTORIES ACT (NORTHERN IRELAND) 1965 (c.20)Parts I (paras.1‐4), II (paras.5‐11)—AmendmentsPART IIITRANSITIONAL PROVISION12Where, at the commencement of this Schedule, a person's employment is unlawful under section 74(2)...Schedule 6—AmendmentsSchedule 7—RepealsStatutory Instruments1978 No. 1039 (N.I. 9)Health and Safety at Work (Northern Ireland) Order 1978[25th July 1978]