The Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2004

Powers of enforcing authority in relation to “blue colourant”

6.—(1) For the purposes of this regulation, “enforcing authority” means the Department of the Environment.

(2) Any person who appears suitable to the enforcing authority may be authorised in writing by that authority, for the purposes of determining whether regulation 4 is being, or has been, complied with, to exercise any of the powers specified in paragraph (3).

(3) The powers exercisable under paragraph (2) are the powers in paragraph (2)(a) to (l) of Article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997(1) as modified by paragraph (4) and subject to paragraphs (4) to (13) of that Article as also modified by paragraph (4).

(4) For the purposes of paragraph (3), Article 72 shall apply as if –

(a) in paragraph (2) –

(i) in sub-paragraph (g), for the words “have caused or to be likely to cause pollution of the environment or harm to human health” there were substituted the words “be or contain a substance referred to in regulation 4 of the Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2004”;

(ii) in sub-paragraph (h), for the words in sub-paragraph (iii) there were substituted the words “to ensure that it is available for use as evidence in any proceedings for an offence under regulation 5 of the Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2004”;

(iii) in sub-paragraph (j), sub-paragraph (i) was omitted;

(b) in paragraph (12) the definition of “authorised person” included a person authorised under paragraph (2) of this regulation.

(1)

S.I. 1997/2778 (N.I. 19)