Working Time Regulations (Northern Ireland) 1998

Enforcement

28.—(1) In this regulation and regulation 29–

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978(1);

“the relevant requirements” means the following provisions–

(a)

regulations 4(2), 6(2) and (7), 7(1), (2) and (6), 8 and 9; and

(b)

regulation 24, in so far as it applies where regulation 6(1), (2) or (7) is modified or excluded, and

“the relevant statutory provisions” has the same meaning as in the 1978 Order.

(2) It shall be the duty of the Department of Economic Development to make adequate arrangements for the enforcement of the relevant requirements except to the extent that a district council is made responsible for their enforcement by paragraph (3).

(3) Where the relevant requirements apply in relation to workers employed in premises in respect of which a district council is responsible, under the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1997(2), for enforcing any of the relevant statutory provisions, it shall be the duty of that council to enforce those requirements.

(4) The duty imposed on district councils by paragraph (3) shall be performed in accordance with such guidance as may be given to them by the Health and Safety Agency for Northern Ireland.

(5) The following provisions of the 1978 Order shall apply in relation to the enforcement of the relevant requirements as they apply in relation to the enforcement of the relevant statutory provisions, and as if any reference in those provisions to an enforcing authority were a reference to the Department of Economic Development and any district council made responsible for the enforcement of the relevant requirements–

(a) Article 21;

(b) Article 22(1), (2)(a) to (d) and (j) to (m), (7) and (8); and

(c) Articles 23, 24(3), 25(1), (2) and (6), 26 and 28; and

(d) Article 30, in so far as it relates to information obtained by an inspector in pursuance of a requirement imposed under Article 22(2)(j) or (k).

(6) Any function of the Health and Safety Agency for Northern Ireland under the 1978 Order which is exercisable in relation to the enforcement by the Department of Economic Development of the relevant statutory provisions shall be exercisable in relation to the enforcement by that Department of the relevant requirements.

(1)

S.I. 1978/1039 (N.I. 9)

(2)

S.R. 1997 No. 229

(3)

Article 24 of the 1978 Order was amended by the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049(N.I. 20) ), Article 28 and Schedule 2, paragraph 3