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The Control of Asbestos (Amendment) Regulations (Northern Ireland) 2010

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Amendment of the Control of Asbestos Regulations (Northern Ireland) 2007

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2.  In regulation 8 (Licensing to work with asbestos) of the Control of Asbestos Regulations (Northern Ireland) 2007(1), for paragraphs (5A), (5B) and (5C) substitute—

(5A) This paragraph applies to the following actions in relation to a licence under this regulation, that is to say—

(a)the refusal to grant the licence;

(b)the specification of any maximum period of validity for the licence where that period is less than 3 years;

(c)making the grant of the licence subject to any conditions;

(d)the variation or refusal to vary the terms of a licence under paragraph (4); or

(e)the revocation of the licence.

(5B) The Executive shall not take any action to which paragraph (5A) applies unless it has followed the procedure set out in Chapter II of the model rules as if—

(a)the Executive were an enforcement officer; and

(b)the action were an enforcement action,

for the purposes of those rules.

(5C) Any person aggrieved by an action of the Executive to which paragraph (5A) applies may appeal against that action to a Tribunal and Chapter I of the model rules shall apply for the purposes of such an appeal as if—

(a)the Executive were an Authority;

(b)the Department were the responsible Department; and

(c)the action in question were an enforcement action,

for the purposes of those rules.

(5D) For the purposes of paragraphs (5B) and (5C), the model rules are those set out in the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997(2) and for the purposes of paragraph (5C), the Tribunal is a Tribunal appointed in accordance with Chapter I of those model rules.

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