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There are currently no known outstanding effects for the The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017, Section 57.
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57.—(1) Where another [F1relevant state] has initiated the procedure under Article 35 of the ATEX Directive (as amended from time to time), the Executive shall, without delay, inform the [F2Secretary of State] of—
(a)any measures taken by the Executive in respect of the product; [F3and]
(b)any additional information which the Executive has at its disposal relating to the lack of conformity of the [F4product.]
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(1A) Where another relevant state has initiated the procedure under Article 35 of the ATEX Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other relevant states of—
(a)any measures taken in Northern Ireland by the Executive in respect of the product;
(b)any additional information which the Executive has at its disposal relating to the lack of conformity of the product.]
(2) Where a measure taken by another [F7relevant state] in respect of a product is considered justified under Article 35(7) of the ATEX Directive (as amended from time to time), the Executive shall ensure that appropriate measures, such as withdrawal, are taken [F8in Northern Ireland] in respect of the product without delay.
(3) Where a measure taken by another [F9relevant state] in respect of a product is considered justified by the European Commission under Article 36(1) of the ATEX Directive (as amended from time to time), the Executive shall take the necessary measures to ensure that the product is withdrawn from the market in Northern Ireland.
(4) Where the Executive has taken action under paragraph (2) or (3), the Executive shall [F10notify the Secretary of State] of the action taken.
[F11(4A) Where the Secretary of State receives a notice under paragraph (4), the Secretary of State must inform the European Commission of the action taken in respect of Northern Ireland.]
(5) If a measure taken by the Executive pursuant to regulation 56 is considered unjustified by the European Commission under Article 36(1) of the ATEX Directive (as amended from time to time), the Executive shall withdraw that measure.
Textual Amendments
F1Words in reg. 57(1) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(a)(i)
F2Words in reg. 57(1) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(2)
F3Word in reg. 57(1)(a) inserted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(a)(ii)
F4Word in reg. 57(1)(b) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(a)(iii)
F5Reg. 57(1)(c) omitted (10.8.2023) by virtue of The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(a)(iv)
F6Reg. 57(1A) inserted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(b)
F7Words in reg. 57(2) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(c)
F8Words in reg. 57(2) inserted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(d)
F9Words in reg. 57(3) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(3)(c)
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