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Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

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Enforcement

14.—(1) To the extent that they would not otherwise do so, Articles –

(a)18 to 28 (approval of codes of practice and enforcement);

(b)31 to 39 (provisions as to offences); and

(c)43(2),

of the 1978 Order shall apply to these Regulations as if they were health and safety Regulations for the purposes of that Order.

(2) Notwithstanding regulation 4 of the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999(1) and subject to paragraphs (3) and (4), the enforcing authority for these Regulations shall be the Executive.

(3) Subject to paragraph (4), where a dangerous substance or a dangerous preparation is supplied in or from premises which are registered under section 75 of the Medicines Act 1968(2), the enforcing authority for these Regulations shall be the Department of Health, Social Services and Public Safety.

(4) The enforcing authority for these Regulations shall be the district council for the area in which are situated the premises in or from which such substance or preparation dangerous for supply is supplied –

(a)where a dangerous substance or a dangerous preparation is supplied other than in the circumstances referred to in paragraph (3), –

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

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

(b)for regulations 6 and 11.

(5) In every case where, by virtue of this regulation, these Regulations are enforced by the Department of Health, Social Services and Public Safety or by a district council they shall be enforced as if they were safety regulations made under section 11 of the Consumer Protection Act 1987(3) and the provisions of section 12 of that Act shall apply to these Regulations as if they were safety regulations and as if the maximum period of imprisonment on summary conviction specified in subsection (5) thereof were 3 months instead of 6 months.

(2)

1968 c. 67; section 75(8) was amended by S.I. 1968/1699

(3)

1987 c. 43; section 11(7)(c) is amended by section 16(1) of, and paragraph 15 of Schedule 4 to, the Gas Act 1995

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