2015 No. 325
The Control of Major Accident Hazards Regulations (Northern Ireland) 2015
Made
Coming into operation
The Department of Enterprise, Trade and Investment M1, being the Department concerned M2, makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (“the 1972 Act”) M3 and Articles 17(1) to (6) M4, 40(2) to (4), 54(1) and 55(2) of, and paragraphs 1(1) and (2), 14, 15 and 19 of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978 M5 (“the 1978 Order”).
The Department was designated M6 for the purposes of section 2(2) of the 1972 Act in relation to measures relating to the prevention and limitation of the effects of accidents involving dangerous substances.
The Regulations give effect to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) M7 of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3) M8.
It appears to the Department that—
- a
the modifications to the subordinate legislation referred to in Schedule 6; and
- b
the revocations in relation to the instruments referred to in Schedule 7,
are expedient for the purposes of Article 54(1) of the 1978 Order.
It also appears to the Department not to be appropriate to consult bodies in respect of those revocations and modifications for the purposes of Article 54(5) of the 1978 Order.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for the references in these Regulations to Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 M9 on classification, labelling and packaging of substances and mixtures amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, to be construed as including references to Annex I, Part 1.0, 1.1, Parts 2 to 4 and, Annex VI, Part 3 Table 3.1 of that instrument as those provisions are amended from time to time.
See Article 2(2) of S.I. 1978/1039 (N.I. 9)
1972 c. 68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51). Section 2(2) was further amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7)
Article 17 shall be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)
S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19
Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4
Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18
O.J. No L353, 31.12.08, p.1
Formerly the Department of Economic Development; seeS.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, seeS.I. 1982/846 (N.I. 11), Article 3