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

Arrangements enabling responsibility for enforcement to be assigned in cases of uncertainty

8.—(1) The responsibility for enforcing any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there may be assigned to the Executive or to any district council; and an assignment under this paragraph may be made only by the Executive and the district council jointly and only where they agree—

(a) that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under Article 20(2) of the 1978 Order; and

(b) which authority is more appropriate to be responsible for enforcement in that case;

and where such an assignment is made the authority to which responsibility has been assigned shall cause notice of the assignment to be given to persons affected by it.

(2) For the purpose of removing uncertainty in any particular case as to what are their respective responsibilities by virtue of regulations made under Article 20(2) of the 1978 Order, either the Executive or a district council may apply to the Department and where the Department considers that there is uncertainty it shall, after considering the circumstances and any views which may have been expressed to it by either enforcing authority or by persons affected, assign responsibility to whichever authority it considers appropriate; and where such an assignment is made the Department shall cause notice of the assignment to be given to both enforcing authorities concerned and to persons affected by it.