Made | 7th March 2003 | ||
Coming into operation | |||
All regulations except for regulations 5(4)(c), 7, 11, 15(2), 16(2) and 17(1) to (3) | 25th April 2003 | ||
Regulations 15(2) and 16(2) | 30th May 2003 | ||
Regulations 5(4)(c), 7, 11, and 17(1) to (3) | 30th June 2003 |
1. | Citation and commencement. |
2. | Interpretation. |
3. | Application. |
4. | Duties under these Regulations. |
5. | Risk assessment. |
6. | Elimination or reduction of risks from dangerous substances. |
7. | Places where explosive atmospheres may occur. |
8. | Arrangements to deal with accidents, incidents and emergencies. |
9. | Information, instruction and training. |
10. | Identification of hazardous contents of containers and pipes. |
11. | Duty of co-ordination. |
12. | Application within the territorial sea. |
13. | Exemption certificates. |
14. | Exemptions for Ministry of Defence, etc. |
15. | Amendments. |
16. | Repeals and revocations. |
17. | Transitional provisions. |
Schedule 1. | General Safety Measures. |
Schedule 2. | Classification of Places Where Explosive Atmospheres May Occur. |
Schedule 3. | Criteria for the Selection of Equipment and Protective Systems. |
Schedule 4. | Warning Sign for Places Where Explosive Atmospheres May Occur. |
Schedule 5. | Legislation Concerned with the Marking of Containers and Pipes. |
Schedule 6. | Premises and Activities Within the Territorial Sea. |
Schedule 7. | Amendments. |
Schedule 8. | Repeal and Revocation. |
Interpretation
2.
In these Regulations -
other than a road; and
Application
3.
- (1) These Regulations, apart from regulations 15, 16 and 17(4) and (5), shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal ship-board activities of a ship's crew which are carried out solely by the crew under the direction of the master and, for the purposes of this paragraph -
(2) Regulations 5(4)(c), 7 and 11 shall not apply to -
including forced draft burners and heating bodies to be equipped with such burners but not including an appliance specifically designed for use in an industrial process carried out on industrial premises;
(c) gas fittings within the meaning of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997[11] located in domestic premises, not being gas appliances falling within sub-paragraph (b);
(d) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;
(e) any activity at a mine within the meaning of section 156(1) of the Mines Act (Northern Ireland) 1969[12] carried out for the purposes of the mine;
(f) any activity at a quarry within the meaning of Article 2(2) of the Quarries (Northern Ireland) Order 1983[13] carried out for the purposes of the quarry;
(g) any activity at a borehole site within the meaning of regulation 2(1) of the Borehole Sites and Operations Regulations (Northern Ireland) 1995[14] carried out for the purposes of the borehole site;
(h) any activity at an offshore installation carried out for the purposes of the offshore installation; and
(i) the use of means of transport by land, water or air which is regulated by international agreements and the European Community Directives giving effect to them insofar as they fall within the disapplication in Article 1.2.(e) of Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres[15], except for any means of transport intended for use in a potentially explosive atmosphere.
(3) Regulations 5(2)(f), (g), (h) and (i), 6(4)(d), 6(5)(b) and (e) and 8(1)(d) and (e) and the requirements of paragraphs 5 and 6 of Schedule 1 shall not apply to any activity at an offshore installation carried out for the purposes of the offshore installation.
Duties under these Regulations
4.
- (1) Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried on by the employer, except that -
(2) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee.
Risk assessment
5.
- (1) Where a dangerous substance is or is liable to be present at the workplace, the employer shall make a suitable and sufficient assessment of the risks to his employees which arise from that substance.
(2) The risk assessment shall include consideration of -
(d) activities, such as maintenance, where there is the potential for a high level of risk;
(e) the effect of measures which have been or will be taken pursuant to these Regulations;
(f) the likelihood that an explosive atmosphere will occur and its persistence;
(g) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective;
(h) the scale of the anticipated effects of a fire or an explosion;
(i) any places which are or can be connected via openings to places in which explosive atmospheres may occur; and
(j) such additional safety information as the employer may need in order to complete the risk assessment.
(3) The risk assessment shall be reviewed by the employer regularly so as to keep it up to date and particularly if -
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
(4) Where the employer employs five or more employees, the employer shall record the significant findings of the risk assessment as soon as is practicable after that assessment is made, including in particular -
(5) No new work activity involving a dangerous substance shall commence unless -
Elimination or reduction of risks from dangerous substances
6.
- (1) Every employer shall ensure that risk is either eliminated or reduced so far as is reasonably practicable.
(2) In complying with his duty under paragraph (1), substitution shall by preference be undertaken, whereby the employer shall avoid, so far as is reasonably practicable, the presence or use of a dangerous substance at the workplace by replacing it with a substance or process which either eliminates or reduces the risk.
(3) Where it is not reasonably practicable to eliminate risk pursuant to paragraphs (1) and (2), the employer shall, so far as is reasonably practicable, apply measures, consistent with the risk assessment and appropriate to the nature of the activity or operation -
(4) The following measures are, in order of priority, those specified for the purposes of paragraph (3)(a) -
(g) the segregation of incompatible dangerous substances.
(5) The following measures are those specified for the purposes of paragraph (3)(b) -
(6) The employer shall arrange for the safe handling, storage and transport of dangerous substances and waste containing dangerous substances.
(7) The employer shall ensure that any conditions necessary pursuant to these Regulations for ensuring the elimination or reduction of risk are maintained.
(8) The employer shall, so far as is reasonably practicable, take the general safety measures specified in Schedule 1, subject to those measures being consistent with the risk assessment and appropriate to the nature of the activity or operation.
Places where explosive atmospheres may occur
7.
- (1) Every employer shall classify places at the workplace where an explosive atmosphere may occur into hazardous or non-hazardous places in accordance with paragraph 1 of Schedule 2 and shall classify those places so classified as hazardous into zones in accordance with paragraph 2 of that Schedule; and that Schedule shall have effect subject to the notes at the end of that Schedule.
(2) The employer shall ensure that the requirements specified in Schedule 3 are applied to equipment and protective systems in the places classified as hazardous pursuant to paragraph (1).
(3) Where necessary, places classified as hazardous pursuant to paragraph (1) shall be marked by the employer with signs at their points of entry in accordance with Schedule 4.
(4) Before a workplace containing places classified as hazardous pursuant to paragraph (1) is used for the first time, the employer shall ensure that its overall explosion safety is verified by a person who is competent in the field of explosion protection as a result of his experience or any professional training or both.
(5) The employer shall ensure that appropriate work clothing which does not give rise to electrostatic discharges is provided for use in places classified as hazardous pursuant to paragraph (1).
(6) This regulation is subject to the transitional provisions in regulation 17(1) to (3).
Arrangements to deal with accidents, incidents and emergencies
8.
- (1) Subject to paragraph (4), in order to protect the safety of his employees from an accident, incident or emergency related to the presence of a dangerous substance at the workplace, the employer shall ensure that -
is available;
(c) suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs;
(d) where necessary, before any explosion conditions are reached, visual, or audible, warnings are given and employees withdrawn; and
(e) where the risk assessment indicates it is necessary, escape facilities are provided and maintained to ensure that, in the event of danger, employees can leave endangered places promptly and safely.
(2) Subject to paragraph (4), the employer shall ensure that information on the matters referred to in paragraph (1)(a), (c) to (e) and the information required by paragraph 1(b) is -
(3) Subject to paragraph (4), in the event of an accident, incident or emergency related to the presence of a dangerous substance at the workplace, the employer shall ensure that -
(b) only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with -
which shall be used until the situation is restored to normal.
(4) Paragraphs (1) to (3) shall not apply where -
Information, instruction and training
9.
- (1) Where a dangerous substance is present at the workplace, the employer shall provide his employees with -
(c) the significant findings of the risk assessment.
(2) The information, instruction and training required by paragraph (1) shall be -
Identification of hazardous contents of containers and pipes
10.
Where containers and pipes used at work for dangerous substances are not marked in accordance with relevant requirements of the legislation listed in Schedule 5, the employer shall, subject to any derogations provided for in that legislation, ensure that the contents of those containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.
Duty of co-ordination
11.
Where two or more employers share the same workplace (whether on a temporary or a permanent basis) where an explosive atmosphere may occur, the employer responsible for the workplace shall co-ordinate the implementation of all the measures required by these Regulations to be taken to protect employees from any risk from the explosive atmosphere.
Application within the territorial sea
12.
Within the territorial sea these Regulations shall apply only to and in relation to the premises and activities to which any of paragraphs 2 to 6 of Schedule 6 applies.
Exemption certificates
13.
- (1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons or any dangerous substance or class of dangerous substances from all or any of the requirements or prohibitions imposed by or under these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Executive by a further certificate in writing.
(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to -
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the exemption will be compatible with the requirements of the Directives.
(3) For the purposes of paragraph (2), "the Directives" means Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work[17] and Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres[18].
Exemptions for Ministry of Defence, etc.
14.
- (1) In this regulation -
(2) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt -
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Secretary of State for Defence by a further certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the risk to safety created by the work involving dangerous substances and for adequately controlling the risk to persons to whom the exemption relates.
Amendments
15.
- (1) The statutory provisions referred to in Part I of Schedule 7 shall be amended in accordance with that Part.
(2) The statutory provisions referred to in Part II of Schedule 7 shall be amended in accordance with that Part.
Repeals and revocations
16.
- (1) The statutory provisions referred to in column 1 of Part I of Schedule 8 shall be repealed or revoked to the extent specified in the corresponding entry in column 3 of that Part.
(2) The statutory provisions referred to in column 1 of Part II of Schedule 8 shall be repealed or revoked to the extent specified in the corresponding entry in column 3 of that Part.
Transitional provisions
17.
- (1) The requirements of regulation 7(2) and Schedule 3 shall not apply to equipment and protective systems for use in places where explosive atmospheres may occur which are or have been in use or made available at the workplace on or before 30th June 2003.
(2) Subject to paragraphs (1) and (3), a workplace which contains places where explosive atmospheres may occur -
(3) If, after 30th June 2003, any modification, extension or restructuring is undertaken in workplaces containing places where explosive atmospheres may occur, the employer shall take the necessary steps to ensure that the modification, extension or restructuring complies with the requirements of regulations 7 and 11 and the employer's duties under those regulations and in respect of such a modification, extension or restructuring shall apply accordingly.
(4) Notwithstanding the amendment made to section 2(1) of the Petroleum (Consolidation) Act (Northern Ireland) 1929[21] (provisions as to licences) made by regulation 15(1) and paragraphs 2(1) and (2) of Schedule 7, a petroleum-spirit licence applying in any harbour which was granted by a harbour authority pursuant to section 2 of that Act and which is in force immediately before the date of the coming into operation of regulation 15(1) and paragraphs 2(1) and (2) of Schedule 7 shall continue in force in accordance with such conditions as were attached to it before that date, except that, where it makes provision for the renewal of the licence by the harbour authority, it shall have effect as if it provided for its renewal by the licensing authority under section 2(1)(a) or (c) of that Act for the area in which the harbour is situated; and any application for renewal made to the harbour authority before that date and not determined at that date shall have effect as if it had been made to that licensing authority.
(5) Notwithstanding the repeal of section 9 of the Petroleum (Consolidation) Act (Northern Ireland) 1929 (byelaws as to loading, conveyance and landing of petroleum-spirit in and upon canals) by regulation 16(1) and Part I of Schedule 8, byelaws made or having effect under that section in operation immediately before the date of the coming into operation of regulation 16(1) and Part I of Schedule 8 shall continue in operation.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
7th March 2003.
L.S.
M. Bohill
A senior officer of the Department of Enterprise, Trade and Investment
where the work is carried out in hazardous places or involves hazardous activities.
(2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.
(3) Any reference in this Schedule to premises and activities includes a reference to any person, article or substance on those premises or engaged in, or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.
Offshore installations
2.
- (1) This paragraph shall apply to and in relation to -
(c) a diving operation involving -
(2) Subject to sub-paragraph (3), in this paragraph, "offshore installation" means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water -
together with any supplementary unit which is ordinarily connected to it, and all the connections.
(3) Any reference in sub-paragraph (2) to a structure or unit does not include -
Wells
3.
- (1) Subject to sub-paragraph (2), this paragraph applies to and in relation to -
(2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.
Pipelines
4.
- (1) This paragraph applies to and in relation to -
being in either case a vessel which is engaged in pipeline works.
(2) In this paragraph -
but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;
Mines
5.
- (1) This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.
(2) In this paragraph "mine" has the same meaning as in the Mines Act (Northern Ireland) 1969[26].
Other activities
6.
- (1) Subject to paragraph (2), this paragraph applies to and in relation to -
(2) This paragraph shall not apply -
2.
- (1) The Petroleum (Consolidation) Act (Northern Ireland) 1929[30] shall be amended in accordance with sub-paragraphs (2) to (7).
(2) In section 2 (provisions as to licences), the words from "Provided that" (special provision for harbours) to the end shall be omitted.
(3) Section 9 (byelaws as to loading, conveyance and landing of petroleum-spirit in and upon canals) and section 17 (powers of officers of local authorities as to testing petroleum-spirit) shall be omitted.
(4) In section 18 (warrants to search for and seize petroleum-spirit), for subsection (4) there shall be substituted -
(5) In section 23 (interpretation) -
(6) The provisions of section 24A[34] (places to which Act does not apply) shall be re-numbered section 24A(1) and at the end of that subsection as so re-numbered there shall be inserted -
(2) For the purposes of subsection (1)(c), any part of a workplace where petroleum-spirit is kept other than for dispensing is not to be regarded as used, or intended for use, for dispensing petroleum-spirit.".
3.
- (1) The Petroleum-spirit (Motor Vehicles, &c.) Regulations (Northern Ireland), 1930[35] shall be amended in accordance with paragraphs (2) to (4).
(2) For regulation 2 (keeping of petroleum-spirit), there shall be substituted the following regulation -
(2) Where the vessel in which the petroleum-spirit is to be kept is a fuel tank for an internal combustion engine, the requirement in paragraph (1) that the vessel be made of metal shall not apply.".
(3) In regulation 7, there shall be inserted at the beginning of paragraph (1) "Subject to paragraph (3)," and after paragraph (2) there shall be inserted the following paragraph -
(4) In regulation 15A (disapplication), "and" at the end of paragraph (a) shall be omitted and there shall be inserted after paragraph (b) -
4.
The Petroleum (Liquid Methane) Order (Northern Ireland) 1973[36] shall be amended by the insertion at the end of the Schedule (provisions of the Petroleum (Consolidation) Act (Northern Ireland) 1929 not applied to liquid methane), of "Section 24A(1)(c) and (2)".
5.
- (1) The Petroleum-Spirit (Plastic Containers) Regulations (Northern Ireland) 1983[37] shall be amended in accordance with paragraph (2).
(2) In regulation 7 (disapplication), the word "and" at the end of paragraph (a) shall be omitted and at the end of paragraph (b) there shall be inserted the following words -
6.
In the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991[38], in regulation 29 (application of Part VIII - storage of dangerous substances), the words "the Petroleum (Carbide of Calcium) Order (Northern Ireland), 1930," shall be omitted.
7.
In the Fire Precautions (Workplace) Regulations (Northern Ireland) 2001[39], in paragraph (2)(b) of regulation 9 (disapplication), after the words "the 2000 Management Regulations (as amended by Part III)," there shall be inserted the words "and regulations 1 to 6, 8, 9 and 11 of the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2002,".
and for these purposes -
9.
For regulation 20 (unloading of petrol at petroleum filling stations and certain other premises licensed for the keeping of petrol) of the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997[44] there shall be substituted the following regulation -
Column 1 | Column 2 | Column 3 |
Title | Reference | Extent of repeal or revocation |
The Petroleum (Consolidation) Act (Northern Ireland) 1929 | 1929 c. 13 (N.I.) | Proviso (ii) to section 2(1), sections 9 and 17 and the word "and" at the end of paragraph (a) in section 24A. |
The Celluloid, etc. Factories, and Workshops Regulations 1921 | S.R. & O. 1921/1825 | The whole Regulations. |
The Manufacture of Cinematograph Film Regulations 1928 | S.R. & O. 1928/82 | The whole Regulations. |
Petroleum (Carbide of Calcium) Order (Northern Ireland) 1930 | S.R. & O. (N.I.) 1930 No. 20 | The whole Order. |
Petroleum (Compressed Gases) Order (Northern Ireland) 1936 (S.R. & O. (N.I.) 1936 No. 789) | S.R. & O. (N.I.) 1936 No. 789 | The whole Order. |
Petroleum (Carbide of Calcium) Order (Northern Ireland) 1949 S.R. & O. (N.I.) 1949 No. 79 | S.R. & O. (N.I.) 1949 No. 79 | The whole Order. |
Column 1 | Column 2 | Column 3 |
Title | Reference | Extent of repeal or revocation |
Factories Act (Northern Ireland) 1965 | 1965 c. 20 (N.I.) | Section 32 |
Dry Cleaning Special Regulations (Northern Ireland) 1950 | S.R. & O. (N.I.) 1950 No. 117 | The whole Regulations. |
Shipbuilding and Ship-repairing Regulations (Northern Ireland) 1971[48] | S.R. & O. (N.I.) 1971 No. 372 | Regulations 47 to 51 and 53 to 65 |
The Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 | S.I. 1972/917 | The whole Regulations. |
Dry Cleaning (Metrication) Regulations (Northern Ireland) 1987 | S.R. 1987 No. 33 | The whole Regulations. |
Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991 | S.R. 1991 No. 509 | Regulation 29(a). |
Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993 | S.R. 1993 No. 37 | Regulation 6(3)(b). |
Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 | S.R. 1997 No. 247 | Regulation 24(b). |
Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 | S.R. 1997 No. 248 | Schedule 12. |
2.
The Regulations implement, as regards Northern Ireland, Council Directive 98/24/EC (O.J. No. L131, 5.9.98, p.11) on the protection of the health and safety of workers from the risks related to chemical agents at work, so far as that Directive relates to safety and Council Directive 99/92/EC (O.J. No. L23, 28.1.00, p. 57) on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres. Both of these Directives are individual Directives within the meaning of Article 16(1) of Council Directive 89/391/EC.
3.
The Regulations apply to United Kingdom territorial waters adjacent to Northern Ireland in the same way that sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply outside Great Britain by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (regulation 12 and Schedule 6).
4.
Regulation 3 contains disapplications in respect of certain provisions of the Regulations. Regulations 3 to 14 and 17(1) to (3) do not apply to the normal ship-board activities of a ship's crew (regulation 3(1)). The duties under the Regulations on an employer in relation to his employees extend to non-employees, with certain savings (regulation 4(1)). The duties under the Regulations also extend to self-employed persons (regulation 4(2)).
5.
An employer is required to carry out a suitable and sufficient assessment of the risks to his employees where a dangerous substance is or may be present at the workplace (regulation 5). "Risk" is defined as meaning "the likelihood of a person's safety being affected by harmful physical effects being caused to him from fire, explosion or other events arising from the hazardous properties of a dangerous substance in connection with work and also the extent of that harm" (regulation 2(1)). Under regulation 3 of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 (S.R. 2000 No. 388), an employer is already required to carry out a risk assessment. However, where a dangerous substance is or may be present at the workplace, he will now additionally need to assess the risks in the light of the requirements for the assessment under regulation 5 of these Regulations.
6.
Employers are required by these Regulations to eliminate or reduce risk so far as is reasonably practicable. Where risk is not eliminated, employers are required, so far as is reasonably practicable and consistent with the risk assessment, to apply measures to control risks and mitigate any detrimental effects (regulation 6(3)).
7.
Places at the workplace where explosive atmospheres may occur must be classified as hazardous or non-hazardous and hazardous places must be classified into zones on the basis of the frequency and duration of the occurrence of an explosive atmosphere (regulation 7(1) and Schedule 2). Equipment and protective systems in hazardous places must comply with the requirements of Schedule 3 (regulation 7(2)) and, where necessary, hazardous places must be marked with signs at their points of entry in accordance with Schedule 4 (regulation 7(3)).
8.
Employers are required to make arrangements for dealing with accidents, incidents and emergencies (regulation 8). Employers will also need to provide employees with precautionary information, instruction and training where a dangerous substance is present at the workplace (regulation 9). Containers and pipes used at work for dangerous substances must, where not already marked in accordance with the requirements of the legislation listed in Schedule 5, clearly identify their contents (regulation 10).
9.
Where two or more employers share a workplace where an explosive atmosphere may occur, the employer responsible for the workplace is to co-ordinate the implementation of the measures required by these Regulations (regulation 11).
10.
Regulations 13 and 14 allow for exemptions to be made from all or any of the requirements of these Regulations. Amendments are made to legislation which mainly concerns petroleum-spirit (regulation 15 and Schedule 7) and repeals and revocations of legislation are also made (regulation 16 and Schedule 8). Regulation 17 makes transitional provision.
11.
In Great Britain, the corresponding Regulations are the Dangerous Substances and Explosive Atmospheres Regulations 2002 (S.I. 2002/2776). Copies of the Regulatory Impact Assessment relating to those Regulations together with a Northern Ireland Supplement are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.
12.
A person who contravenes these Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.
[2] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back
[3] Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2); S.I. 1992/1728 (N.I. 17) was amended by S.I. 1996/275 (N.I. 2), Article 71(1) and Schedule 6back
[4] S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)back
[5] Article 46(1) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18back
[6] L131; ISBN 0-7176-2369-6back
[9] O.J. No. L348, 28.11.92, p. 9back
[10] S.I. 1995/2994 (N.I. 18)back
[13] S.I. 1983/150 (N.I. 4)back
[15] O.J. No. L23, 28.1.00, p. 57back
[16] S.R. 1999 No. 305, as amended by S.I. 1999/2001, S.R. 2000 No. 81 and S.I. 2001/1701back
[17] O.J. No. L 131, 5.9.98, p. 11back
[18] O.J. No. L 23, 28.1.00, p. 57back
[19] 1952 c. 67 (15 & 16 Geo 6 & 1 Eliz 2)back
[22] O.J. No. L23, 28.1.00, p. 57back
[23] S.R. 1996 No. 192, amended by S.R. 1999 No. 125back
[24] 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1back
[28] 1922 c. 35. Section 2 was amended by the Cinemas (Northern Ireland) Order 1991 (S.I. 1991/1462 (N.I. 12)), Article 19(1) and Schedule 2, paragraph 1back
[30] 1929 c. 13 (N.I.). Section 2 was amended by S.R. & O. (N.I.) 1973 No. 341 and S.R. 1996 No. 512; section 18 was amended by S.R. 1988 No. 415 and S.R. 1992 No. 260; sections 19 and 21 were amended by the Northern Ireland (Modification of Enactments - No. 1) Order 1999 (S.I. 1999/663), section 23 was amended by S.R. 1992 No. 260, S.R. 1992 No. 461, S.R. 1993 No. 412 and S.R. 1995 No. 60; section 25A was inserted by S.R. 2000 No. 93back
[31] S.R. 1997 No. 248 as amended by S.R. 1998 No. 448, S.R. 2000 No. 119 and S.R. 2002 No. 34back
[32] O.J. No. L383, 29.12.92, p. 113back
[33] O.J. No. 196, 16.8.67, p. 1back
[34] Section 24A was inserted by S.R. 2000 No. 93back
[35] S.R. & O. (N.I.) 1930 No. 11 as amended by S.R. 1983 No. 43, S.R. 1992 No. 413 and S.R. 2000 No. 93; the last mentioned statutory rule inserted regulation 15Aback
[36] S.R. & O. (N.I.) 1973 No. 528back
[37] S.R. 1983 No. 43 as amended by S.R. 2000 No. 93back
[38] S.R. 1991 No. 509, to which there are amendments not relevant to these Regulationsback
[42] O.J. No. L383, 29.12.92, p. 113back
[43] O.J. No. 196, 16.8.67, p. 1back
[44] S.R. 1997 No. 248 as amended by S.R. 2002 No. 34back
[46] O.J. No. L383, 29.12.92, p. 113back
[47] O.J. No. 196, 16.8.67, p. 1back
[48] Regulations 47 to 51 and 53 were revoked by S.R. 1999 No. 13, regulation 9(2) and Schedule 2, save insofar as they applied to the matters referred to in regulation 2(a) to (c) of S.R. 1999 No. 13back