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These Regulations amend the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001 No. 422) by –
(a)replacing paragraph (5) of regulation 8 with a new paragraph defining the duty on any person using a biocidal product containing certain active substances; and
(b)introducing a new provision into Schedule 10 to explicitly make a breach of that duty an offence.
The effect of these amendments is to clarify that, in any prosecution for breach of the duty under regulation 8(5), the onus lies on the prosecution to prove that the use of the product was not in accordance with the requirements of the duty.
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