The Control of Asbestos Regulations (Northern Ireland) 2012

Licensing of work with asbestos N.I.

8.—(1) An employer shall hold a licence granted under paragraph (2) before undertaking any licensable work with asbestos.

(2) The Executive may grant a licence for licensable work with asbestos if it considers it appropriate to do so and—

(a) the person who wishes to be granted the licence has made an application for it on a form approved for the purposes of this regulation by the Executive; and

(b) the application was made at least 28 days before the date from which the licence is to run, or such shorter period as the Executive may allow.

(3) A licence under this regulation—

(a) shall come into operation on the date specified in the licence, and shall be valid for any period up to a maximum of three years that the Executive may specify in it; and

(b) may be granted subject to such conditions as the Executive may consider appropriate.

(4) The Executive may vary the terms of a licence under this regulation if it considers it appropriate to do so and in particular may—

(a) add further conditions and vary or omit existing ones; and

(b) reduce the period for which the licence is valid or extend that period up to a maximum of three years from the date on which the licence first came into operation.

(5) The Executive may revoke a licence if it considers it appropriate to do so.

(6) This paragraph applies to the following actions in relation to a licence under this regulation, that is to say—

(a) the refusal to grant the licence;

(b) the specification of any maximum period of validity for the licence where that period is less than 3 years;

(c) making the grant of the licence subject to any conditions;

(d) the variation or refusal to vary the terms of a licence under paragraph (4); or

(e) the revocation of the licence.

(7) The Executive shall not take any action to which paragraph (6) applies unless it has followed the procedure set out in Chapter II of the model rules as if—

(a) the Executive were an enforcement officer; and

(b) the action were an enforcement action,

for the purposes of those rules.

(8) Any person aggrieved by an action of the Executive to which paragraph (6) applies may appeal against that action to a Tribunal and Chapter I of the model rules shall apply for the purposes of such an appeal as if—

(a) the Executive were an Authority;

(b) the Department were the responsible Department; and

(c) the action in question were an enforcement action,

for the purposes of those rules.

(9) For the purposes of paragraphs (7) and (8), the model rules are set out in the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 M1 and for the purposes of paragraph (8), the Tribunal is a Tribunal appointed in accordance with Chapter I of those model rules.

(10) The holder of a licence under this regulation shall return the licence to the Executive—

(a) when required by the Executive for any amendment; or

(b) following its revocation.

Marginal Citations

M1 S.R.1997 No.269