2018 No. 1377
Exiting The European Union
Health And Safety
Environmental Protection
The Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2018
Sift requirements satisfied 11th December 2018
Made 13th December 2018
Laid before Parliament 18th December 2018
Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.
2018 c.16
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

PART 1 INTRODUCTION

1 Citation, commencement, application and extent
1 These Regulations may be cited as the Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 and come into force on exit day.
2 Any amendment made by Part 2 of these Regulations of an enactment has the same application and extent as the enactment specified.

PART 2 AMENDMENT OF SUBORDINATE LEGISLATION

2 Amendment of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995
1 The Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 are amended as follows.
S.R. 1995 No. 340 as amended by, S.R. 1996 No. 228, S.R. 1999 No. 150, S.R. 2007 No. 165, S.R. 2007 No. 247, S.I. 2011/1043, S.R. 2016 No. 406 and revoked in part by S.R. 2016 No. 406
2 In regulation 20 (Certificates of exemption), in paragraph (1), after “Community obligation” insert “(as it had effect immediately before exit day)”.

3 Amendment of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 1995
1 The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 1995 are amended as follows.
S.R. 1995 No. 345 as amended by, S.R. 1996 No. 228, S.R. 1999 No. 150, S.R. 2007 No. 165, S.R. 2007 No. 247, S.I. 2011/1043, S.R. 2016 No. 406 and revoked in part by S.R. 2016 No. 406
2 In regulation 22 (Certificates of exemption), in paragraph (1), after “Community obligation” insert “(as it had effect immediately before exit day)”.

4 Amendment of the Borehole Sites and Operations Regulations (Northern Ireland) 1995
1 The Borehole Sites and Operations Regulations (Northern Ireland) 1995 are amended as follows.
S.R. 1995 No. 491 as amended by, S.R. 1999 No. 150, S.R. 2000 No. 388 and S.R. 2015 No. 223
2 In regulation 6 (Notice of the commencement of drilling operations and the abandonment of boreholes), in paragraph (8), after “the Communities” insert “(as they had effect immediately before exit day)”.

5 Amendment of the Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996
1 The Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 are amended as follows.
S.R. 1996 No. 119 as amended by, S.R. 1997 No. 247, S.R. 1999 No. 150, S.R. 2000 No. 388, S.R. 2006 No. 173, S.R. 2010 No. 160, S.R. 2015 No. 265 and revoked in part by S.R. 2006 No. 1 and S.R 2015 No. 265
2 In Schedule 1—
(a) in Part 2 (Minimum general requirements concerning signboards: Conditions of use), in paragraph 2.1, for “Directive 89/654/EEC” substitute “regulation 8 of the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993”;
S.R 1993 No. 37 as amended by, S.R. 1995 No. 378, S.R. 1996 No. 510, S.R. 2003 No. 423, S.R. 2006 No. 205, S.R. 2007 No. 291, S.R. 2015 No. 223, S.R. 2016 No. 146, revoked in part by S.R. 2003 No. 152, S.R 2005 No. 279 and modified by S.R. 2016 No. 427
(b) in Part 9 (Minimum requirements for hand signals), in paragraph 3 (Coded signals to be used), omit “applicable at Community level,”.

6 Amendment of the Offshore Installations and Wells (Design and Construction, etc.) Regulations (Northern Ireland) 1996
1 The Offshore Installations and Wells (Design and Construction, etc.) Regulations (Northern Ireland) 1996 are amended as follows.
S.R. 1996 No. 228 as amended by, S.R. 1999 No. 150, S.R. 2007 No. 165, S.R. 2007 No. 247, S.R. 2016 No. 406 and revoked in part by S.R. 1998 No. 47, S.R. 2005 No. 397, S.R. 2006 No. 1, S.R. 2007 No. 247 and S.R. 2016 No. 406
2 In regulation 23 (Certificates of exemption), in paragraph (1), after “the Communities” insert “(as they had effect immediately before exit day)”.

7 Amendment of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003
1 The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 are amended as follows.
S.R. 2003 No. 34 as amended by S.R. 2003 No. 288, S.R. 2005 No. 165, S.R. 2006 No.173, S.R. 2007 No. 31, S.I. 2008/ 2852, S.R. 2009 No. 238, S.R. 2010 No.160, S.R. 2012 No.179, S.I. 2013/1478, S.R. 2015 No.265 and S.I. 2018/390
2 In regulation 7 (Prevention or control of exposure to substances hazardous to health), in paragraph (12), after “Council Directive 89/686/EEC” insert “(as it had effect immediately before exit day)” and omit “(OJ No L81, 31.3.2016, p.51)”.
3 In regulation 15 (Exemption certificates), after paragraph (1) insert—

“1A Article 9 of Council Directive 98/24/EC has effect for the purpose of paragraph (1) as if for the references to “Member States” there were substituted references to “the Executive”.”

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8 Amendment of the Control of Artificial Optical Radiation at Work Regulations (Northern Ireland) 2010
1 The Control of Artificial Optical Radiation at Work Regulations (Northern Ireland) 2010 are amended as follows.
S.R. 2010 No. 180
2 In regulation 3 (Assessment of the risk of adverse health effects to the eyes or skin created by exposure to artificial optical radiation at the workplace), at the end of paragraph (5)(j) insert “(as they had effect immediately before exit day)”.
3 In regulation 4(4)(h) (Obligations to eliminate or reduce risks), after “relevant European Union Directives” insert “(as they had effect immediately before exit day)”.

9 Amendment of the Control of Major Accident Hazards Regulations (Northern Ireland) 2015
1 The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 are amended as follows.
S.R. 2015 No. 325
2 In regulation 17 (Provision of information to the public), in paragraph (2)(d), for “Member State” substitute “country”.
3 In regulation 20 (Trans-boundary consequences)—
(a) in paragraph (1), for “Member State” in both places substitute “country”;
(b) omit paragraph (2).
4 In regulation 26 (Action to be taken following a major accident)—
(a) in paragraph (3), for the words from the beginning to “information” substitute “Following a major accident, the competent authority may, where appropriate, provide international organisations with some, or all, of the following information”;
(b) omit paragraph (4);
(c) at the end insert—

“6 For the purposes of paragraph (3), an organisation is an international organisation if it, and its subordinate bodies, are governed by international law or it is set up by, or on the basis of, an agreement between two or more countries.”

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5 In paragraph 2(g) of Part 2 of Schedule 4, for “Member States” substitute “countries”.
6 Omit Schedule 5.

10 Amendment of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015
1 The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 are amended as follows.
S.R. 2015 No. 339
2 In regulation 3 (Application), in paragraph (2)(b)—
(a) at the end of paragraph (i) insert “or”;
(b) at the end of paragraph (ii) omit “; or”;
(c) omit paragraph (iii).
3 In regulation 27 (Duties of competent authority on receipt of information about accidents)—
(a) insert “and” at the end of paragraph (a);
(b) omit—
(i) paragraph (b);
(ii) “; and” at the end of paragraph (c); and
(iii) paragraph (d).

11 Amendment of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016
1 The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016 are amended as follows.
S.R 2016 No. 406
2 In regulation 32 (Standards and guidance on best practice), in paragraph (3), for the words from “with authorities” to the end of that paragraph substitute “with other authorities having such knowledge, information or experience”.
3 In regulation 34 (Information on operations conducted outside of the European Union), in both the heading and paragraph (1), after “the European Union” insert “, Northern Ireland and external waters”.

12 Amendment of the Ionising Radiations Regulations (Northern Ireland) 2017
1 The Ionising Radiations Regulations (Northern Ireland) 2017 are amended as follows.
S.R. 2017 No. 229 as amended by, S.R. 2018 No. 17
2 In the provisions specified in paragraph (3), for “another member State” substitute “a member State”.
3 Those provisions are—
(a) in regulation 2(1) (Interpretation), in paragraph (b) of the definitions of “classified person”, “controlled area” and “radiation passbook”;
(b) regulation 3(5) (Application) in both places; and
(c) regulation 22(3)(i) (Dose assessment and recording).
Signed by authority of the Secretary of State for Work and Pensions
Sarah Newton Minister of State for Disabled People, Health and Work Department for Work and Pensions 13th December 2018

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. They relate to categories of deficiencies in retained EU law specified in section 8(2)(b), (d) and (g) of that Act.
Part 2 amends subordinate legislation.
An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk