Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1993

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and re-enact the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1985 (“the 1985 Regulations”) with amendments. The 1985 Regulations made provision with respect to enforcement by district councils of the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”) and the other relevant statutory provisions within the meaning of that Order. In addition, these Regulations make the following changes of substance:—

The Regulations apply only to non-domestic premises and largely re-enact the main provisions of the 1985 Regulations which provided that where the main activity carried on in any premises was specified in Schedule 1 to those Regulations then, subject to specified exceptions, the district council was the enforcing authority in respect of all activities carried on in those premises (regulation 4(1)). Schedule 1 to these Regulations includes activities not specified in Schedule 1 to the 1985 Regulations. The new activities are:—the display or demonstration of goods at exhibitions; certain cosmetic or therapeutic treatments; sports, certain cultural or recreational activities; hiring out of pleasure craft for use on inland waters; care, treatment; sports, certain or recreational activities; hiring out of pleasure craft for use on inland waters; care, treatment, accommodation or exhibition of animals, certain activities of an undertaker; and church worship or religious meetings.

The Department of Agriculture is the enforcing authority for any part of premises where agricultural activities or certain building operations specified in Schedule 3 are carried on.

The Regulations introduce a new provision for multi-occupied premises. Subject to specified exceptions, each part separately occupied is to be regarded as being separate premises for the purposes of enforcement allocation (regulation 4(2)).

Regulation 4(1) of the 1985 Regulations is replaced with the following changes:— Notwithstanding that the main activity carried on in premises is listed in Schedule 1, the Department is the enforcing authority for any part of premises occupied by a body specified in the regulation, and for enforcement against such a body or its officers or servants. The Department is also the enforcing authority for any part of the premises occupied by another person for the purpose of providing services at the premises for certain specified bodies.

Visiting forces, international headquarters and defence organisations are added to the list of bodies which were specified in the Regulations (regulations 5(1) to (4)).

The Regulations make the Department the enforcing authority for premises where the main activity is indoor sports if specified conditions are met (regulation 5(6)).

The Regulations make the Department the enforcing authority for the enforcement of Article 7 of the 1978 Order (general duties of manufacturers etc, as regards articles and substances) even though the main activity carried on in the premises is listed in Schedule 1 (regulation 5(7)(a)) except that the Department of Agriculture is the enforcing authority in relation to Article 7 of the 1978 Order for articles or substances intended wholly or mainly for use in connection with agriculture. Schedule 2 replaces regulation 4(2) of the 1985 Regulations. It excludes the previous references to work with water and telecommunication systems, modifies the references to construction work and to work with gas and electricity systems, and includes certain other activities.

The Regulations repeal section 77(5) of the Office and Shop Premises Act (Northern Ireland) 1966 (which relates to enforcement of that Act in premises occupied by the Crown) (regulation 6(1).