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Biocidal Products Regulations (Northern Ireland) 2001

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Allocation of enforcement responsibility

5.—(1) Notwithstanding the 1999 Regulations, and subject to sub-paragraphs (2) to (7), the enforcing authority for these Regulations shall be the Executive.

(2) Where an active substance is placed on the market—

(a)in or from any shop, mobile vehicle, market stall or other retail outlet; or

(b)otherwise to members of the public, including by way of free sample, prize or mail order,

the enforcing authority for regulation 4 shall be the district council for the district in which the active substance is placed on the market.

(3) Where a biocidal product is placed on the market—

(a)in or from any shop, mobile vehicle, market stall or other retail outlet; or

(b)otherwise to members of the public, including by way of free sample, prize or mail order,

the enforcing authority for regulations 8(1), 30 and 31 shall be the district council for the district in which the biocidal product is placed on the market.

(4) Where a biocidal product is sold—

(a)in or from any shop, mobile vehicle, market stall or other retail outlet; or

(b)otherwise to members of the public, including by way of free sample, prize or mail order,

the enforcing authority for regulation 22(3) shall be the district council for the district in which the biocidal product is sold.

(5) Where a biocidal product is placed on the market, the enforcing authority for regulation 33 shall be the district council for the district in which the biocidal product is placed on the market.

(6) The 1999 Regulations shall apply to the enforcement of regulations 8(2), 8(5) and 22(4).

(7) The enforcing authority for regulations 8(2), 8(5) and 22(4)—

(a)in respect of any use not related to an activity involving work; or

(b)in respect of any use by a domestic servant in a private household,

shall be the district council for the district in which the use occurs.

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