The Consumer Protection (Northern Ireland) Order 1987 No. 2049 (NI. 20)

PART V N.I. MISCELLANEOUS AND SUPPLEMENTAL

Amendments of the Health and Safety at Work (Northern Ireland) Order 1978 N.I.

28.  The Health and Safety at Work (Northern Ireland) Order 1978F1 (which includes provision with respect to the safety of certain articles and substances) shall have effect with the amendments specified in Schedule 2; and, accordingly, the general purposes of Part II of that Order shall include the purpose of protecting persons from the risks protection from which would not be afforded by virtue of that Part but for those amendments.

F1 1978 NI 9

Art. 29 rep. by SI 2003/1400

Defence of due diligence N.I.

30.  F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 30 revoked (26.5.2008) by Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30, Sch. 2 para. 80, Sch. 4 Pt. 2 (with saving in reg. 28(2)(3) and transitional and saving provisions in Sch. 3 paras. 7(2), 8)

Liability of persons other than principal offender N.I.

31.  Where the commission by any person of an offence to which Article 30(1) applies is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this Article whether or not proceedings are taken against the first‐mentioned person.

Civil proceedings N.I.

32.—(1) This Order shall not be construed as conferring any other right of action in civil proceedings, apart from the right conferred by virtue of Part II, in respect of any loss or damage suffered in consequence of a provision made by or under Part III.

(2) Subject to any provision to the contrary in the agreement itself, an agreement shall not be void or unenforceable by reason only of a contravention of a provision made by or under Part III.

(3) In this Article “damage” includes personal injury and death.

Regulations as to giving information to certain persons, etc. N.I.

33.  F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 Art. 33 revoked (26.5.2008) by Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30, Sch. 2 para. 80, Sch. 4 Pt. 2 (with saving in reg. 28(2)(3) and transitional and saving provisions in Sch. 3 para. 8)

Savings for certain privileges N.I.

34.—(1) Nothing in this Order shall be taken—

(a) as requiring any person to produce any records if he would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege; or

(b) as authorising any person to take possession of any records which are in the possession of a person who would be so entitled.

(2) Nothing in this Order shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person's spouse.

Article 35—Amendments and repeals