PART 1INTRODUCTION
Citation and commencementI11
These Regulations may be cited as the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 and shall come into operation on 24th August 2009.
InterpretationF82
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ApplicationF93
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PART 2GENERAL REQUIREMENTS
Classification of dangerous substances and dangerous preparationsF34
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Safety data sheets for substances and preparationsF45
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F1Advertisements for dangerous preparations5A
1
Subject to paragraph (2), a person who supplies a dangerous preparation shall not advertise that preparation, or arrange for the production of any such advertisement, unless mention is made in the advertisement of the type of hazard indicated on the label.
2
Paragraph (1) shall apply only in respect of a dangerous preparation where the advertisement enables a person, otherwise than in the course of a business, to conclude a contract to purchase the dangerous preparation before that person has seen the label relating to the dangerous preparation.
3
In this regulation “supply” has the same meaning as it has in section 46 of the Consumer Protection Act 1987.
4
This regulation has effect until 31st May 2017.
Packaging of dangerous substances, dangerous preparations and certain specified preparationsF66
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Labelling of dangerous substances and dangerous preparationsF67
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Labelling of single receptacles and receptacles in outer packagingsF68
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Particular labelling requirements for certain preparationsF69
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Methods of marking or labelling packagesF610
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Child resistant fastenings, tactile warning devices and other consumer protection measuresF611
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Retention of data for dangerous preparationsF1012
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Transitional provisions for dangerous substances, dangerous preparations and certain specified preparationsF513
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PART 3MISCELLANEOUS
EnforcementI214
F71
To the extent that they would not otherwise do so, Articles—
a
18 to 30 (approval of codes of practice; enforcement; indemnification of inspectors; power to obtain information and restrictions on disclosure of information);
b
31 to 39 (provisions as to offences); and
c
43(2) (civil liability),
of the 1978 Order shall apply to these Regulations and the CLP Regulation as if these Regulations and the CLP Regulation were health and safety regulations for the purposes of that Order except that these Articles shall not apply to duties placed by the CLP Regulation on the competent authority or the Member State.
F21A
The maximum penalty for an offence under this regulation is—
a
on summary conviction, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and
b
on conviction on indictment, imprisonment for a term not exceeding two years, or a fine or both.
2
Any function of the Secretary of State for Northern Ireland under any other provision of the 1978 Order under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if these Regulations and the CLP Regulation were health and safety regulations for the purpose of that Order to the extent that they would not otherwise do so.
3
Notwithstanding anything in the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 199943 and subject to paragraph (4), the enforcing authority for these Regulations and the CLP Regulation shall be the Secretary of State.
4
Where a substance or preparation is supplied, or a substance, mixture or article falling within the meaning of and the provisions of the CLP Regulation is placed on the market within the meaning of the CLP Regulation in or from premises which are registered under section 75 of the Medicines Act 196844, the enforcing authority shall be the Department of Health, Social Services and Public Safety.
DefenceI315
F7In any proceedings for an offence for a contravention of any of the provisions of these Regulations and the CLP Regulation it shall be a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Application within the territorial seaI416
F7Within the territorial sea these Regulations and the CLP Regulation shall apply only to and in relation to an activity to which any of paragraphs 2 to 6 of Schedule 6 applies.
Revocation and AmendmentI517
2
The regulation in Schedule 7 shall be amended to the extent specified in that table.