|Made||10th December 2004|
|Coming into operation||1st January 2005|
(2) Expressions used in these Regulations which are also used in Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, as last amended by Commission Directive 2004/98/EC amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of pentabromodiphenyl ether in aircraft emergency evacuation systems for the purpose of adapting its Annex I to technical progress, shall have the meaning they bear in that Directive.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3. These Regulations shall not apply to -
Prohibition on the placing on the market and use of pentabromodiphenyl ether
4. - (1) Subject to paragraph (3), a person shall not place on the market -
(2) Subject to paragraph (3), a person shall not use pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass.
(3) This regulation shall not apply to aircraft emergency evacuation systems until 31st March 2006.
Prohibition on the placing on the market and use of octabromodiphenyl ether
5. - (1) A person shall not place on the market -
(2) A person shall not use octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass.
Offences and penalties
6. - (1) Any person who contravenes regulation 4 or 5, or causes or permits another person to contravene either of those regulations, shall be guilty of an offence.
(2) Any person guilty of an offence under paragraph (1) shall be liable -
(3) For the purposes of this regulation, section 20(2) of the Interpretation Act (NI) 1954 applies with the omission of the words "the liability of whose members is limited" and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
7. The Marketing and Use of Dangerous Substances (No. 2) Regulations (Northern Ireland) 2004 are hereby revoked.
Sealed with the Official Seal of the Department of the Environment on
10th December 2004.
A senior officer of the Department of the Environment