Explanatory Note
(This note is not part of the Regulations.)
1. These Regulations revoke and replace the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1997 (“the 1997 Regulations”) with amendments. The 1997 Regulations made provision with respect to enforcement by district councils of the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”) and the other relevant statutory provisions within the meaning of the 1978 Order and also specified the premises and activities in respect of which the Department of Economic Development would be the enforcing authority under the afore-mentioned legislation.
2. In addition to minor and drafting amendments, these Regulations make the following changes of substance.
3. The Health and Safety Executive for Northern Ireland (“the Executive”) assumes enforcement responsibility for those premises and activities in respect of which the Department of Economic Development was formerly the enforcing authority. Consequential provision is made in respect of this (regulation 6).
4. In regulation 2(1)—
(a)activities at a garden centre or other shop are excluded from the definition of “agricultural activities”;
(b)in the definition of “fairground”, a go-kart or bouncy castle is excluded from the reference to fairground equipment.
5. The Regulations re-enact the provisions of the 1997 Regulations which provided that where the main activity carried on in any premises was specified in Schedule 1 to those Regulations then, subject to specified exceptions, the district council was the enforcing authority in respect of all activities carried on in those premises (regulation 4(1)). Schedule 1 to these Regulations—
(a)in specifying the sale of goods or storage of goods for retail or wholesale distribution as a main activity, does not now specify transport undertakings as an exception;
(b)in specifying the practice or presentation of the arts, sport, games, entertainment or other cultural or recreational activities as a main activity, does not now specify its being carried on in a museum, art gallery or theatre as an exception;
(c)now specifies the provision of car parking facilities within the perimeter of an airport, and the provision of child care, or play group or nursery facilities as main activities.
6. The Regulations identify common parts of domestic premises as a case in which the Executive is the enforcing authority (regulation 4(1)).
7. The Regulations introduce a new provision for a vehicle parked in connection with the sale from it of food, drink or other articles. The vehicle together with its pitch are to be regarded as separate premises for the purposes of regulation 4(1) (regulation 4(3)).
8. The Regulations re-enact provision (as regulation 4(2) and (4)) that, where premises are occupied by more than one occupier, each part separately occupied, subject to the exceptions specified in regulation 5(1), is to be regarded as separate premises for the purpose of enforcement allocation; and that the district council is the enforcing authority for the common parts subject to exceptions specified in regulation 4(4); but—
(a)the exceptions specified in regulation 4(4) now include certain common parts in the case of land within the perimeter of an airport;
(b)the exceptions in regulation 5(1) do not now include land within the perimeter of an airport.
9. Regulation 5 is re-enacted (with the Executive substituted for the Department of Economic Development) save that the provision in the 1997 Regulations which made the Department of Economic Development the enforcing authority for premises where the main activity is indoor sport if specified conditions are met has not been re-enacted.
10. The activities set out in Schedule 2 are allocated for enforcement by the Executive even though the main activity carried on in the premises is listed in Schedule 1 (regulation 5(6)(b)). Schedule 2 now includes any activity in relation to a pipeline, and the operation of a railway.
11. The Regulations make provision for arrangements enabling responsibility for enforcement to be transferred (regulation 7) and arrangements enabling responsibility for enforcement to be assigned in cases of uncertainty (regulation 8).
12. The Regulations revoke the 1997 Regulations (regulation 9).
13. In Great Britain the corresponding Regulations are the Health and Safety (Enforcing Authority) Regulations 1998 (S.I. 1998/494). The Health and Safety Executive has prepared a cost benefit assessment in relation to those Regulations and a copy of that assessment, together with a Northern Ireland supplement prepared by the Department of Economic Development, is held at that Department’s offices at 83 Ladas Drive, Belfast BT6 9FJ, from where copies may be obtained.