The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations amend the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996 (S.R. 1996 No. 247, as amended by S.R. 1998 No. 77 and S.R. 1999 No. 125) (“the principal Regulations”), which implemented Directive 94/9/EC of the European Parliament and the Council on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (the ATEX Directive), to give effect to corrigenda to the ATEX Directive (O.J. No. L21, 26.1.2000, p.42 and O.J. No. L304, 5.12.2000, p.19) which makes typographical changes (regulation 3(3), (5), (8) and (10) to (16)).

2.  These Regulations also amend the principal Regulations by—

(a) amending the definition of “harmonised standard” to reflect the consolidation of Council Directive 83/189/EEC (as amended) in Directive 98/34/EC (O.J. No. L204, 21.7.98, p.37) (regulation 3(2)(a));

(b) amending the definition of “responsible person” to include, in certain circumstances, a person who puts equipment, protective systems, devices or components into service (regulation 3(2)(b));

(c) making provision that the activity of putting into service shall not be regarded as having taken place in certain circumstances (regulation 3(2)(c));

(d) amending regulation 6 to provide a general duty on responsible persons not to put equipment, protective systems or devices into service unless certain requirements specified in the principal Regulations have been complied with (regulation 3(4));

(e) amending regulation 9 to ensure extension to the activity of putting equipment and systems into service (regulation 3(6));

(f) substituting the wording for regulation 11 to reflect the recognition of notified bodies under various agreements (regulation 3(7)); and

(g) increasing the range of penalties available (in regulation 16) for offences under the principal Regulations (regulation 3(9)).

3.  These Regulations also make a consequential amendment (regulation 4) and revocations (regulation 5) to other legislation.

4.  In Great Britain, the corresponding Regulations are the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2001 (S.I. 2001/3766) and the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2005 (S.I. 2005/830).

5.  A regulatory impact assessment prepared by the Department of Enterprise, Trade and Investment in respect of these Regulations is held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where a copy may be obtained on request.