Health and Safety at Work (Northern Ireland) Order 1978

PART IV N.I. MISCELLANEOUS AND GENERAL

Art. 52 rep. by 2004 c. 17

Application to explosives N.I.

53.—(1) This Order (except Article 41) shall apply to matters under the Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972 [1972 NI 3] as it applies to matters under any of the existing statutory provisions subject to the following modifications—

(a) for any reference to the Department concerned there shall be substituted a reference to the Secretary of State;

(b) in Article 2(2)—

(i) the definition of “Department concerned” shall be omitted;

(ii) in the definition of “statutory provision” for sub-paragraph ( a) there shall be substituted the following sub-paragraph—

“(a) “ existing statutory provisions ” means the provisions of the Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972 and of any regulations, orders or other instruments of a legislative character made or having effect under any of those provisions;” ;

(c) in Article 54(1) the words “made subject to negative resolution” shall be omitted;

(d) Article 55(1) shall be omitted.

(2) An order under Article 54(1), and regulations under this Order, made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 [1946 c.36] shall apply accordingly.

General power to repeal or modify statutory provisions N.I.

54.—(1) The Department concerned may by order made subject to negative resolution or by regulations repeal or modify any provision to which this paragraph applies if it appears to that Department that the repeal or, as the case may be, the modification of that provision is necessary or expedient in consequence of or in connection with any provision made by or under Part II.

(2) Paragraph (1) applies to any provision, not being among the relevant statutory provisions, which—

(a) is contained in this Order or in any other statutory provision passed or made before the making of this Order; or

(b) applies, excludes or for any other purpose refers to any of the relevant statutory provisions and is contained in any statutory provision not falling within paragraph ( a).

(3) An order or regulations under paragraph (1) may contain such supplemental and consequential provisions as the Department concerned considers necessary for giving full effect to the order or regulations.

(4) Without prejudice to the generality of paragraph (1), the modifications which may be made by an order or regulations thereunder include modifications relating to the enforcement of provisions to which this Article applies (including the appointment of persons for the purpose of such enforcement, and the powers of persons so appointed).

(5) Before making an order or regulations under this Article, the Department concerned shall consult such bodies as appear to that Department to be appropriate.

Regulations N.I.

55.—(1) Regulations under this Order shall be subject to negative resolution.

(2) Regulations[F1 and orders] under this Order may contain incidental, supplementary and transitional provisions.

F1 1998 NI 18

Art.56(1), with Schedule 6, effects amendments; para.(2), with Schedule 7, effects repeals; para.(3) spent