Interpretation2
1
In these Regulations, “MSC Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/20112 as it has effect in EU law as amended from time to time.
2
Expressions used in these Regulations which appear in the MSC Regulation have the same meaning as in the MSC Regulation.
3
In these Regulations—
“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 19783;
“the 1987 Act” means the Consumer Protection Act 19874;
“the 2011 Regulations” means the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 20115;
“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 19726;
“enforcer” means—
- a
a district council in Northern Ireland;
- b
the Secretary of State;
- c
the Health and Safety Executive for Northern Ireland;
- d
the Department for the Economy in Northern Ireland;
- e
the Department for Agriculture, Environment and Rural Affairs in Northern Ireland;
- f
the Department for Infrastructure in Northern Ireland;
- g
the Department for Health in Northern Ireland;
- h
the Department of Justice in Northern Ireland;
- i
the Utility Regulator;
- j
the Chief Constable of the Police Service of Northern Ireland;
- k
Ofcom;
- a
“enforcer” includes—
- a
an officer of an enforcer;
- b
where the enforcer’s legislation makes provision for—
- i
the appointment of an inspector, an inspector so appointed by the enforcer; or
- ii
the appointment or authorisation of a person to exercise market surveillance powers on the enforcer’s behalf, the person so appointed or authorised by the enforcer;
- i
- c
an enforcer (A) who does not have a power or a duty to enforce the enforcer’s legislation in respect of a particular product but with whom the enforcer in respect of that product (B) has entered into an agreement such that A will carry out an enforcement duty that applies to B;
- a
“enforcer’s legislation” means the legislation provisions of which are referred to in regulation 6 and which is referred to in regulation 7, and in relation to a particular enforcer means—
- a
legislation which, by virtue of a provision listed in regulation 6, the enforcer has a duty or power to enforce; and
- b
in relation to an enforcer listed in Column 1 of the table in regulation 7, the legislation in the corresponding entry in Column 2;
- a
“officer”, in relation to an enforcer, means—
- a
an inspector appointed by the enforcer to exercise powers under Schedule 1, or authorised to do so;
- b
an officer of the enforcer appointed by the enforcer to exercise powers under this Schedule 1, or authorised to do so;
- c
an employee of the enforcer (other than an inspector or officer) appointed by the enforcer to exercise powers under Schedule 1, or authorised to do so; or
- d
a person (other than an inspector, officer or employee of the enforcer) authorised by the enforcer to exercise powers under Schedule 1;
but references in these Regulations to an officer in relation to a particular power only cover a person within sub-paragraphs (a) to (d) if and to the extent that the person has been appointed or authorised to exercise that power;
- a
“non-compliance” means—
- a
a contravention of an obligation placed on an economic operator by, or under, the MSC Regulation or the enforcer’s legislation; or
- b
a product presenting a risk.
- a