The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2008

Amendments to the Control of Major Accident Hazards Regulations (Northern Ireland) 2000

3.—(1) The Control of Major Accident Hazards Regulations (Northern Ireland) 2000(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 2(1), after the definition of “the Directive”, insert the following definition—

““the district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972(2);”.

(3) For regulation 20(6) substitute the following paragraphs—

“(6) Notwithstanding the Health and Safety (Enforcing Authority) Regulations (Northern Ireland)1999(3), the Executive shall, for the purposes of the 1978 Order, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply, unless a transfer of responsibility is made under paragraph (7) below.

(7) The responsibility, for the purposes of the 1978 Order, for enforcing any of the relevant statutory provisions at any establishment to which any of these Regulations apply may be transferred from the Executive to the district council, insofar as the main activity carried on at that establishment is the sale of goods, or the storage of goods for retail or wholesale distribution, except—

(a) at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(b) where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, or

(c) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.

(8) A transfer may be made only by agreement between the Executive and the district council.

(9) Where a transfer has been made, the district council shall cause notice of the transfer to be given to persons affected by it.”.

(1)

S.R. 2000 No. 93 as amended by S.R. 2005 No. 305

(2)

1972 c. 9 (N.I.)

(3)

S.R. 1999 No. 90 as amended by S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31 and S.R. 2007 No. 291