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EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations amend the Work at Height Regulations (Northern Ireland) 2005 (S.R. 2005 No. 279) (“the principal Regulations”) which give effect as respects Northern Ireland to Directive 2001/45/EC of the European Parliament and of the Council (O.J. No. L195, 19.7.2001, p. 46), amending Council Directive 89/655/EEC (O.J. No. L393, 30.12.89, p. 13) concerning the minimum safety and health requirements for the use of work equipment by workers at work. The principal Regulations contain additional provisions, including additional provisions which replace Regulations giving effect to certain provisions of Council Directives 89/654/EEC (O.J. No. L393, 30.12.89, p. 1) concerning the minimum safety and health requirements for the workplace and 92/57/EEC (O.J. No. L245, 26.8.92, p.6) on the implementation of minimum safety and health requirements at temporary or mobile construction sites.

2.  These Regulations omit the disapplication in regulation 3(4)(d) of the principal Regulations in relation to work concerning the provision of instruction or leadership to one or more persons in connection with their engagement in caving or climbing by way of sport, recreation, team building or similar activities (regulation 2(2)). These Regulations also make provision as to what is taken to be compliance with certain requirements under the principal Regulations as they apply to such work (regulation 2(3)).

3.  In Great Britain the corresponding Regulations are the Work at Height (Amendment) Regulations 2007 (S.I. 2007/114). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in respect of those Regulations and a copy of that assessment together with a Northern Ireland Supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR from where a copy may be obtained on request.