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Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999

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The Executive to be the enforcing authority for the whole of certain premises

5.—(1) The Executive shall be the enforcing authority for the whole of the following premises whether occupied by more than one occupier or not—

(a)a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purpose of or in connection with such work;

(b)an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995(1);

(c)the campus of a university, polytechnic, college, school or similar educational establishment;

(d)a hospital;

(e)a railway station, railway goods yard, railway track and any part of premises adjacent thereto, occupied in connection therewith.

(2) The Executive shall be the enforcing authority for—

(a)the enforcement of any of the relevant statutory provisions against a body specified in paragraph (4) or the officers or servants of such a body; and

(b)any part of premises occupied by such a body.

(3) Where premises are mainly occupied by a body specified in paragraph (4) and are partly occupied by another person for the purpose of providing services at the premises for that body, the Executive shall be the enforcing authority for the part of the premises occupied by that other person.

(4) The bodies referred to in paragraphs (2) and (3) are—

(a)a district council;

(b)the Police Authority for Northern Ireland as defined in section 1(1) of the Police Act (Northern Ireland) 1970(2);

(c)the Fire Authority for Northern Ireland as referred to in Article 3 of the Fire Services (Northern Ireland) Order 1984(3);

(d)a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964(4); or a service authority of a visiting force within the meaning of section 12(1) of the Visiting Forces Act 1952(5);

(e)the Crown.

(5) Regulation 4(1) shall not apply to any licensing or enforcement function which by virtue of the Petroleum (Regulation) Acts (Northern Ireland) 1929 and 1937(6) is exercised by a harbour authority or a district council.

(6) The Executive shall be the enforcing authority for—

(a)Article 7 of the 1978 Order;

(b)the other relevant statutory provisions in respect of any activity specified in Schedule 2 (whether or not it is the main activity carried on in the premises).

(7) Regulation 4 and the preceding provisions of this regulation shall have effect subject to any provisions made for enforcement responsibility by other regulations made under the 1978 Order or by any of the existing statutory provisions.

(8) This regulation shall have effect subject to regulations 7 and 8.

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