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Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996

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Enforcement in relation to relevant products

1.  In relation to relevant products—

(a)it shall be the duty of the Department to make adequate arrangements for the enforcement of these Regulations, and accordingly a reference in the provisions applied for the purposes of such enforcement by sub-paragraph (b) to an “enforcing authority” shall be construed as a reference to the Department;

(b)Articles 21 to 33(1), 35, 36, 38 and 39 of the 1978 Order shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if—

(i)references to relevant statutory provisions were references to those Articles as applied by this paragraph and to these Regulations;

(ii)references to articles, substances, articles and substances, or plant, were references to relevant products;

(iii)in Article 22, paragraph (3) were omitted;

(iv)in Article 25, paragraphs (3), (4) and (5) were omitted;

(v)in Article 31—

(aa)in paragraph (1) the whole of sub-paragraphs (a) to (d) were omitted;

(bb)paragraph (1A) were omitted;

(cc)in paragraph (2), the reference to sub-paragraph (d) of paragraph (1) were omitted;

(dd)paragraph (2A) were omitted;

(ee)for paragraph (4) there were substituted the following paragraph:—

(4) A person guilty of an offence under any sub-paragraph of paragraph (1) not mentioned in paragraph (2) or of an offence under paragraph (1)(e) not falling within paragraph (2) shall be liable—

(a)on summary conviction, to a fine not exceeding level 5 on the standard scale; or

(b)on conviction on indictment—

(i)in the case of an offence under paragraph (1)(g), (j) or (o), to imprisonment for a term not exceeding two years, or a fine, or both; or

(ii)in all other cases, to a fine.; and

(ff)paragraph (5) were omitted;

(vi)in Article 32—

(aa)sub-paragraphs (a) and (b) were omitted from paragraph (1); and

(bb)in paragraph (3), for “six months” there were substituted “twelve months”; and

(vii)in Article 39, paragraphs (4) and (5) were omitted; and

(c)Articles 34(1) and (2) shall apply in relation to offences under Article 31 as applied to these Regulations by sub-paragraph (b).

(1)

Article 24(1) and (2) was amended, and Article 24(3) substituted, by Article 28 of, and paragraph 3 of Schedule 2 to, the Consumer Protection (Northern Ireland) Order 1987 S.I. 1987/2049 (N.I. 20). Article 26(4) was repealed by Article 35 of, and Schedule 4 to, the Industrial Training (Northern Ireland) Order 1984 S.I. 1984/1159 (N.I. 9). Articles 27A and 29A were inserted, and Articles 30(1)(a) and 31(1)(h) amended, by Article 28 of, and paragraphs 4, 5, 6 and 7 respectively of Schedule 2 to, S.I. 1987/2049 (N.I. 20). Article 29(2) to (4) was repealed by Article 10(1)(c) of the Statistics of Trade and Employment (Northern Ireland) Order 1988 S.I. 1988/595 (N.I. 3). Article 31(1)(j) was amended by Article 10(1)(c) of S.I. 1988/595 (N.I. 3); Article 31(1)(m) was amended by Article 13(3) of, and Schedule 5 to, the Criminal Justice (Northern Ireland) Order 1986 S.I. 1986/1883 (N.I. 15); Article 31(1A) and (2A) was respectively inserted by Article 6(3) and (4) of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 S.I. 1992/1728 (N.I. 17); Article 31(4) was amended by Article 6(5) of S.I. 1992/1728 (N.I. 17); Article 31(5)(d) and (6) was repealed by Article 6(6) of S.I. 1992/1728 (N.I. 17); and Article 31(7) was repealed by section 30 of, and Part III of the Schedule to, the Forgery and Counterfeiting Act 1981 (c. 45). There are other amendments to Articles 31 and 32 which are not relevant to these Regulations.

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