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The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014

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The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014, Section 18 is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Application of enforcement provisions in the 1978 OrderF2F3F4N.I.

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18.—(1) The following provisions of the 1978 Order F1 apply to Articles 4(1), 5, 9(3) and 9(4) of the Precursors Regulation as if they were health and safety regulations for the purposes of the 1978 Order, except that these Articles shall not apply to duties placed by the Precursors Regulation on the competent authority or the member State—

(a)Articles 20 to 30 (enforcement; obtaining and disclosure of information);

(b)subject to regulations 20 to 22, Articles 31 to 39 (provisions as to offences);

(c)Article 43(2) (civil liability).

(2) Any function of the Secretary of State under any other provision of the 1978 Order in respect of health and safety regulations (including their enforcement) is exercisable as if the Precursors Regulation were health and safety regulations for the purposes of that Order.

F2S.I. 1978/1039 (N.I. 9). “Executive” was substituted for “Agency” throughout the Order by S.I. 1998/2795 (N.I. 18). Article 3 defines the “general purposes of” Part II, which in turn defines the scope of the power to make health and safety regulations in article 17(1). The general purposes of Part II, as defined in Article 3, were extended by Articles 3(1) and 4(1) of S.I. 1992/1728 (N.I. 17) to cover certain activities relating to offshore installations and pipe-lines. Article 17(6)(e) was revoked by Schedule 4 to the Health and Safety (Offences) Act 2008 (c. 20). Article 55 was amended by S.I. 1998/2795 (N.I. 18).

F3S.I. 2010/976. Paragraph 4(1)(b) of Schedule 12 enables the Secretary of State to make regulations under the Health and Safety at Work (Northern Ireland) Order 1978 for purposes connected with any reserved matter falling within paragraph 12 or 20 of Schedule 3 to the Northern Ireland Act 1998 (c. 47). By paragraph 4(3) and (4) of Schedule 12 to S.I. 2010/976, the Secretary of State's powers under the 1978 Order to make orders or regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12), and any orders and regulations are subject to annulment in pursuance of a resolution of either House of Parliament.

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