2018 No. 1377
The Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2018
Sift requirements satisfied
Made
Laid before Parliament
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 20181.
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 1INTRODUCTION
Citation, commencement, application and extent1
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 2AMENDMENT OF SUBORDINATE LEGISLATION
Amendment of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 19952
1
The Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 19952 are amended as follows.
2
In regulation 20 (Certificates of exemption), in paragraph (1), after “Community obligation” insert “(as it had effect immediately before exit day)”.
Amendment of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 19953
1
The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 19953 are amended as follows.
2
In regulation 22 (Certificates of exemption), in paragraph (1), after “Community obligation” insert “(as it had effect immediately before exit day)”.
Amendment of the Borehole Sites and Operations Regulations (Northern Ireland) 19954
1
The Borehole Sites and Operations Regulations (Northern Ireland) 19954 are amended as follows.
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)”.
Amendment of the Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 19965
1
The Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 19965 are amended as follows.
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) 19936”;
b
in Part 9 (Minimum requirements for hand signals), in paragraph 3 (Coded signals to be used), omit “applicable at Community level,”.
Amendment of the Offshore Installations and Wells (Design and Construction, etc.) Regulations (Northern Ireland) 19966
1
The Offshore Installations and Wells (Design and Construction, etc.) Regulations (Northern Ireland) 19967 are amended as follows.
2
In regulation 23 (Certificates of exemption), in paragraph (1), after “the Communities” insert “(as they had effect immediately before exit day)”.
Amendment of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 20037
1
The Control of Substances Hazardous to Health Regulations (Northern Ireland) 20038 are amended as follows.
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”.
Amendment of the Control of Artificial Optical Radiation at Work Regulations (Northern Ireland) 20108
1
The Control of Artificial Optical Radiation at Work Regulations (Northern Ireland) 20109 are amended as follows.
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)”.
Amendment of the Control of Major Accident Hazards Regulations (Northern Ireland) 20159
1
The Control of Major Accident Hazards Regulations (Northern Ireland) 201510 are amended as follows.
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.
5
In paragraph 2(g) of Part 2 of Schedule 4, for “Member States” substitute “countries”.
6
Omit Schedule 5.
Amendment of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 201510
1
The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 201511 are amended as follows.
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).
Amendment of the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 201611
1
The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 201612 are amended as follows.
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”.
Amendment of the Ionising Radiations Regulations (Northern Ireland) 201712
1
The Ionising Radiations Regulations (Northern Ireland) 201713 are amended as follows.
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
(This note is not part of the Regulations)