- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health and Safety at Work (Amendment) (Northern Ireland) Order 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
1.—(1) This Order may be cited as the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998.
(2) This Order shall come into operation on such day or days as the Department may by order appointF1.
(3) An order under paragraph (2) may make such transitional provision as appears to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Department” means the Department of Economic Development;
“the Executive” means the Health and Safety Executive for Northern Ireland;
“the principal Order” means the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978.
3.—(1) The body corporate established by Article 12 of the principal Order with the name of the Health and Safety Agency for Northern Ireland shall be known instead as “the Health and Safety Executive for Northern Ireland”.
(2) In Article 12 of the principal Order (establishment of the Executive)—
(a)after paragraph (2) there shall be inserted—
“(2A) The Head of the Department may, after consultation with the Executive, appoint one of the members to be deputy chairman of the Executive.”;
(b)after paragraph (4) there shall be added—
“(5) The functions of the Executive, and of its officers and servants, shall be performed on behalf of the Crown.
(6) For the purpose of any civil proceedings arising out of those functions, the [1947 c. 44.] Crown Proceedings Act 1947 shall apply to the Executive as if it were a Department of Her Majesty's Government in Northern Ireland within the meaning of that Act.
(7) The Department may by order subject to negative resolution amend paragraph (1) so far as it regulates the number of members of the Executive.”.
4. For Article 13(1) of the principal Order (functions of the Executive) there shall be substituted—
“(1) In addition to the other functions conferred on the Executive under this Order, but subject to paragraph (4), it shall be the general duty of the Executive to do such things and make such arrangements as it considers appropriate for the general purposes of this Part.
(1A) It shall be the duty of the Executive—
(a)to assist and encourage persons concerned with matters relevant to any of the general purposes of this Part to further those purposes;
(b)to make such arrangements as it considers appropriate for securing that government departments, employers, employees, organisations representing employers and employees respectively, and other persons concerned with matters relevant to any of those purposes are provided with an information and advisory service and are kept informed of, and adequately advised on, such matters;
(c)to submit to the Department concerned such proposals as the Executive considers appropriate for the making of regulations under any of the relevant statutory provisions.” .
5. In Article 48 of the principal Order (the employment medical advisory service)—
(a)in paragraph (1)—
(i)for “Department” in the first place where it occurs there shall be substituted “Executive”;
(ii)in sub-paragraph (a), the words “the Agency” shall be omitted;
(b)in paragraph (2)(b) the words “the Agency and” shall be omitted;
(c)in paragraph (3)—
(i)after “The” where it first occurs there shall be inserted “Executive with the consent of the”;
(ii)the words from “and may appoint” onwards shall be omitted;
(d)in paragraphs (5) and (7) for “Department” wherever it occurs there shall be substituted “Executive with the consent of the Department”;
(e)in paragraph (6)—
(i)for “Department” in the first and second places where it occurs there shall be substituted “Executive”;
(ii)after “Department” in the third place where it occurs there shall be inserted “and the Department”.
Article 6—Amendments and repeals
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: