The Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

PART 1N.I.INTRODUCTION

Citation and commencementN.I.

1.  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.

Commencement Information

I1Reg. 1 in operation at 24.8.2009, see reg. 1

InterpretationN.I.

F12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

ApplicationN.I.

F23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 2N.I.GENERAL REQUIREMENTS

Classification of dangerous substances and dangerous preparationsN.I.

F34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Safety data sheets for substances and preparationsN.I.

F45.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F5Advertisements for dangerous preparationsN.I.

5A.—(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.]

Textual Amendments

Packaging of dangerous substances, dangerous preparations and certain specified preparationsN.I.

F66.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Labelling of dangerous substances and dangerous preparationsN.I.

F67.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Labelling of single receptacles and receptacles in outer packagingsN.I.

F68.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Particular labelling requirements for certain preparationsN.I.

F69.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Methods of marking or labelling packagesN.I.

F610.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Child resistant fastenings, tactile warning devices and other consumer protection measuresN.I.

F611.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Retention of data for dangerous preparationsN.I.

F712.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional provisions for dangerous substances, dangerous preparations and certain specified preparationsN.I.

F813.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 3N.I.MISCELLANEOUS

EnforcementN.I.

14.—[F9(1) 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.

[F10(1A) 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) 1999(1) 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 1968(2), the enforcing authority shall be the Department of Health, Social Services and Public Safety.]

Textual Amendments

F9Regs. 14-17 revoked (except to the extent they continue to apply for the purposes of enforcing reg. 12 of S.R. 2009/273) (with effect in accordance with reg. 11(b) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(b) (with reg. 2)

Commencement Information

I2Reg. 14 in operation at 24.8.2009, see reg. 1

DefenceN.I.

15.  [F9In 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.]

Textual Amendments

F9Regs. 14-17 revoked (except to the extent they continue to apply for the purposes of enforcing reg. 12 of S.R. 2009/273) (with effect in accordance with reg. 11(b) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(b) (with reg. 2)

Commencement Information

I3Reg. 15 in operation at 24.8.2009, see reg. 1

Application within the territorial seaN.I.

16.  [F9Within 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.]

Textual Amendments

F9Regs. 14-17 revoked (except to the extent they continue to apply for the purposes of enforcing reg. 12 of S.R. 2009/273) (with effect in accordance with reg. 11(b) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(b) (with reg. 2)

Commencement Information

I4Reg. 16 in operation at 24.8.2009, see reg. 1

Revocation and AmendmentN.I.

17.—[F9(1) The Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000 are revoked(3).

(2) The regulation in Schedule 7 shall be amended to the extent specified in that table.]

Textual Amendments

F9Regs. 14-17 revoked (except to the extent they continue to apply for the purposes of enforcing reg. 12 of S.R. 2009/273) (with effect in accordance with reg. 11(b) of the amending Rule) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 11(b) (with reg. 2)

Commencement Information

I5Reg. 17 in operation at 24.8.2009, see reg. 1

Shaun Woodward

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

23rd July 2009