The Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address deficiencies in retained EU law arising from the withdrawal of the United Kingdom from the European Union. The deficiencies fall within section 8(2)(g) and (3)(a) of that Act.

These Regulations extend only to Northern Ireland. They amend Northern Ireland primary and secondary legislation relating to weighing and measuring equipment and meters, to health and safety and to product safety.

The Consumer Protection (Northern Ireland) Order 1987 contains in Part II provisions concerning product liability. This is being amended to make minor changes to references which are consequential on the United Kingdom leaving the EU.

In respect of the 9 sets of secondary legislation relating to weighing and measuring equipment and meters (those amended by paragraphs 1 to 3, 5 to 7 and 9 to 11 of Schedule 2), that legislation contains provisions that require the recognition of testing carried out in other EU member States or in other States in the European Economic Area (“EEA States”) and that recognise technical standards and requirements applicable in such States. The references to EU member States and EEA States other than the United Kingdom reflect the United Kingdom’s former membership of the EU and the EEA and are no longer appropriate. These Regulations amend these references accordingly so that they are references simply to member States of the EU and EEA States, and also amend definitions of “EEA State” that include the United Kingdom so that they no longer do so.

The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 protect consumers from short measure and ensure they can rely on the accuracy and quantity indications marked on packages whilst making reasonable allowance for small variations. The exemption from certain requirements of the regulations for importers and packers of packages from EEA states is removed, but a new provision allows importers of packages or outer containers from the EEA for the 18 months post exit, to provide the information of the importer from an EEA state instead of their own information.

The Lifting Operations and Lifting Equipment Regulations impose duties on those who own, operate or have control over lifting equipment to ensure that it is safe, including provisions in respect of conformity assessment marking to demonstrate compliance with safety standards. The amendments concern the updating of references to EC declarations of conformity to ensure they remain operable after the United Kingdom leaves the EU.

The Offshore Installations Regulations contain provisions connected with reducing risks of accidents and hazards to health and safety in the workplace for those employed on offshore installations including verification schemes for ensuring that safety critical plant is suitable and in good condition. The amendments concern the updating of references to EU certifications marks so that suitable marking requirements will remain operable after the United Kingdom leaves the EU.

An impact assessment has not been prepared for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.