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Health and Safety at Work (Northern Ireland) Order 1978
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- art. 34-38 applied (with modifications) by S.R. 2010/132 reg. 40(2)reg. 40(3)(g)
- art. 34(1)(2) applied (with modifications) by S.R. 2010/132 reg. 40(2)reg. 40(3)(g)
- art. 34(1)(2) applied (with modifications) by S.I. 2011/3066 reg. 40(2)reg. 40(3)(g)
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- Order modified by S.I. 2010/976 Sch. 12 para. 4(12)
Commencement Orders yet to be applied to the Health and Safety at Work (Northern Ireland) Order 1978:
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Commencement Orders bringing legislation that affects this Order into force:
- S.R. 2010/328 art. 2 commences (S.I. 2006/1254 (N.I.))
Offences due to fault of other personN.I.
F1F234.—(1) Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of an offence, and a person may be charged with and convicted of the offence under this paragraph whether or not proceedings are taken against the first-mentioned person.
(2) Where there would be or have been the commission of an offence under Article 31 by the Crown but for the circumstance that that Article does not bind the Crown, and that fact is due to the act or default of a person other than the Crown, that person shall be guilty of the offence which, but for that circumstance, the Crown would be committing or would have committed, and may be charged with and convicted of that offence accordingly.
(3) The provisions of this Article are subject to any provision made under Article 17(6).
Annotations:
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F1mod. by SR 2000/87; 2000/120
Modifications etc. (not altering text)
C1Art. 34 applied (2.4.2006) by The Railways (Interoperability) Regulations 2006 (S.I. 2006/397), reg. 35
C2Arts. 31-39 applied (with modifications) (27.7.2009) by Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/238), reg. 14(1)(b)
C3Arts. 31-39 applied (with modifications) (24.8.2009) by Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/273), reg. 14(1)(b)
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