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PART 7 N.I.Application, enforcement and supplemental

GuidanceF1F2F3N.I.

24.—(1) The Secretary of State may issue guidance relating to—

(a)applications for licences under these Regulations (including provisions as to signatures);

(b)the grant and enforcement of licences under these Regulations;

(c)the obligations of suppliers under these Regulations and Articles 5 and 9 of the Precursors Regulation (incorporating any guidance issued by the European Commission in accordance with those Articles).

(2) The Secretary of State may, from time to time, revise the guidance issued under paragraph (1).

(3) Before issuing or revising any guidance under this regulation, the Secretary of State must consult the Chief Constable, the Health and Safety Executive for Northern Ireland and such other persons as the Secretary of State thinks appropriate.

(4) The Secretary of State must publish any guidance issued or revised under this article.

F1S.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 Article 17(6)(e) was revoked by Schedule 4 to the Health and Safety (Offences) Act 2008 (c. 20).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).

F2S.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.