1997 No. 229

HEALTH AND SAFETY

Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1997

Made1st May 1997

Coming into operation9th June 1997

The Department of Economic Development, acting as the Department concerned1, in exercise of the powers conferred on it by Articles 17(1) and (3), 20(2) and 55(2) of the Health and Safety at Work (Northern Ireland) Order 19782 and of every other power enabling it in that behalf, after consultation in accordance with Article 46(1) of that Order with the Health and Safety Agency for Northern Ireland and such other bodies as appeared to the Department to be appropriate, hereby makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1997 and shall come into operation on 9th June 1997.

Interpretation2.

(1)

In these Regulations—

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

“agricultural activities” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, forestry, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the preparation of land for agricultural use;

“common parts” in relation to any premises or part of any premises means those areas used by or for providing services to, or facilities for, any occupier of such premises or part in common with any other occupier of premises or part of any premises;

“construction work” and “contractor” have the respective meanings assigned to them by regulation 2(1) of the Construction (Design and Management) Regulations (Northern Ireland) 19953;

“the Department” means the Department of Economic Development;

“dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations (Northern Ireland) 19894;

“electricity system” does not include the electric lines situated upon the consumer’s side of the supply terminals together with any apparatus permanently connected or intended to be permanently connected thereto;

“fairground” means any part of premises which is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment or a swimming pool slide;

“gas” has the same meaning as in Part III of the Gas (Northern Ireland) Order 19965;

“gas fittings” has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 19976;

“gas system” does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;

“ionisation radiation” has the meaning assigned to it by regulation 2(1) of the Ionising Radiations Regulations (Northern Ireland) 19857;

“livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;

“mine” has the meaning assigned to it by section 156(1) of the Mines Act (Northern Ireland) 19698;

“office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;

“pleasure craft” has the meaning assigned to it by regulation 2(1) of the Docks Regulations (Northern Ireland) 1989;

“preparation dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 19959;

“quarry” has the meaning assigned to it by Article 2(2) of the Quarries (Northern Ireland) Order 198310;

“railway” means any railway or tramway which in either case is used for the carriage of persons or goods;

“substance dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995;

“theatre” does not include a cinema;

“transport undertaking” means an undertaking primarily engaged in the transport of passengers or goods;

“veterinary surgery” has the meaning assigned to it by section 27(1) of the Veterinary Surgeons Act 196611;

“work” in relation to a gas fitting has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1997;

“zoo” means a zoological establishment within the meaning of section 12(1) of the Welfare of Animals Act (Northern Ireland) 197212.

(2)

In these Regulations, any reference to the enforcing authority for premises or parts of premises is a reference to the enforcing authority for the relevant statutory provisions in relation to those premises or parts, as the case may be, and to any activity carried on in them.

Application3.

(1)

These Regulations shall have effect subject to any provisions made for enforcement responsibility by other Regulations made under the 1978 Order or by any of the existing statutory provisions.

(2)

These Regulations shall not apply to an industrial activity involving substances to which the Explosives Acts (Northern Ireland) 1875 to 197013 or the Explosives (Northern Ireland) Order 197214 applies.

District councils to be enforcing authorities for certain premises and the Department to be the enforcing authority for certain premises4.

(1)

Where the main activity carried on in non-domestic premises is specified in Schedule 1, the district council for the district in which those premises are situated shall be the enforcing authority for them and the Department shall be the enforcing authority in any other case.

(2)

Where any premises to which paragraph (1) relates are occupied by more than one occupier then each part separately occupied shall be regarded as being separate premises for the purposes of that paragraph.

(3)

Where paragraph (2) applies, the district council for the district in which the premises are situated shall be the enforcing authority for the common parts, except that if the Department is the enforcing authority for—

(a)

all other parts of the premises, the Department shall be the enforcing authority for the common parts;

(b)

any other part of the premises and the occupier of that part has any obligations under the relevant statutory provisions for any matters appertaining to the common parts, the Department shall be the enforcing authority for those premises in respect of such matters.

(4)

This regulation shall have effect subject to regulation 5.

The Department to be the enforcing authority for the whole of certain premises5.

(1)

The Department shall be the enforcing authority for the whole of the following premises whether occupied by more than one occupier or not—

(a)

any land within the perimeter of an airport;

(b)

a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purpose of or in connection with such work;

(c)

an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 199515;

(d)

the campus of a university, polytechnic, college, school or similar educational establishment;

(e)

a hospital;

(f)

a railway station, railway goods yard, railway track and any part of premises adjacent thereto, occupied in connection therewith.

(2)

The Department shall be the enforcing authority for—

(a)

the enforcement of any of the relevant statutory provisions against a body specified in paragraph (4) or the officers or servants of such a body; and

(b)

any part of premises occupied by such a body.

(3)

Where premises are mainly occupied by a body specified in paragraph (4) and are partly occupied by another person for the purpose of providing services at the premises for that body, the Department shall be the enforcing authority for the part of the premises occupied by that other person.

(4)

The bodies referred to in paragraphs (2) and (3) are—

(a)

a district council;

(b)

the Police Authority for Northern Ireland as defined in section 1(1) of the Police Act (Northern Ireland) 197016;

(c)

the Fire Authority for Northern Ireland as referred to in Article 3 of the Fire Services (Northern Ireland) Order 198417;

(d)

a headquarters of an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 196418; or a service authority of a visiting force within the meaning of section 12(1) of the Visiting Forces Act 195219;

(e)

the Crown.

(5)

Regulation 4(1) shall not apply to any of the following—

(a)

any licensing or enforcing authority which by virtue of the Petroleum (Regulation) Acts (Northern Ireland) 1929 and 193720 is exercised by a harbour authority or a district council;

(b)

enforcement of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 199521.

(6)

The Department shall be the enforcing authority for premises if the main activity carried on there is indoor sports and any district council has any duty under Article 6 of the 1978 Order in respect of those premises or any plant therein.

(7)

The Department shall be the enforcing authority for—

(a)

Article 7 of the 1978 Order;

(b)

the other relevant statutory provisions in respect of any activity specified in Schedule 2 (whether or not it is the main activity carried on in the premises).

Revocations6.

The Regulations mentioned in column 2 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.

Sealed with the Official Seal of the Department of Economic Development on

Philip B. Strong

Assistant Secretary

1st May 1997.

SCHEDULE 1Main activities which determine whether district councils will be enforcing authorities

Regulation 4(1)

1.

The sale or storage of goods for retail or wholesale distribution except—

(a)

where it is part of the business of a transport undertaking;

(b)

at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(c)

where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply;

(d)

where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas;

and for the purposes of this paragraph, where the main activity carried on in premises is the sale and fitting of motor car tyres, exhausts, windscreens or sunroofs the main activity shall be deemed to be the sale of goods.

2.

The display or demonstration of goods at an exhibition, excluding those activities at an agricultural show specified in paragraph 10 of Schedule 2, for the purposes of offer or advertisement for sale.

3.

Office activities.

4.

Catering services.

5.

The provision of permanent or temporary residential accommodation including the provision of a site for caravans or campers.

6.

Consumer services provided in a shop except dry cleaning or radio and television repairs, and in this paragraph “consumer services” means services of a type ordinarily supplied to persons who receive them otherwise than in the course of a trade, business or other undertaking carried on by them (whether for profit or not).

7.

Cleaning (wet or dry) in coin operated units in launderettes and similar premises.

8.

The use of a bath, sauna or solarium, massaging, hair transplanting, skin piercing, manicuring or other cosmetic services and therapeutic treatments, except where they are carried out under the supervision or control of a registered medical practitioner (that is to say, a fully registered person within the meaning of the Medical Act 198322), a dentist registered under the Dentists Act 198423, a physiotherapist, an osteopath or a chiropractor.

9.

The practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities except where carried on in a museum, art gallery or theatre or where the main activity is the exhibition of a cave to the public.

10.

The hiring out of pleasure craft for use on inland waters.

11.

The care, treatment, accommodation or exhibition of animals, birds or other creatures, except where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery.

12.

The activities of an undertaker, except where the main activity is embalming or the making of coffins.

13.

Church worship or religious meetings.

SCHEDULE 2Activities in respect of which the Department is the enforcing authority

Regulation 5(7)(b)

1.

Any activity in a mine or quarry other than a quarry in respect of which notice has been given under Article 16 of the Quarries (Northern Ireland) Order 1983.

2.

Any activity in a fairground.

3.

Any activity in premises occupied by a radio, television or film undertaking in which the activity of broadcasting, recording or filming is carried on, and the activity of broadcasting, recording or filming wherever carried on, and for this purpose “film” includes video.

4.

The following activities carried on at any premises by persons who do not normally work in the premises—

(a)

construction work if—

(i)

regulation 7(1) of the Construction (Design and Management) Regulations (Northern Ireland) 199524 (which requires projects which include or are intended to include construction work to be notified to the Department) applies to the project which includes the work;

(ii)

the whole or part of the work contracted to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure; or

(iii)

it is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them;

(b)

the installation, maintenance or repair of any gas system, or any work in relation to a gas fitting;

(c)

the installation, maintenance or repair of electricity systems;

(d)

work with ionising radiations except work in one or more of the categories set out in Schedule 3 to the Ionising Radiations Regulations (Northern Ireland) 1985.

5.

The use of ionising radiations for medical exposure (within the meaning of regulation 2(1) of the Ionising Radiations Regulations (Northern Ireland) 1985).

6.

Any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations.

7.

Any activity involving genetic modification (within the meaning of regulation 2(1) of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 199425).

8.

Any activity on board a sea-going ship.

9.

Any activity in relation to a ski slope, ski lift, ski tow or cable car.

10.

Agricultural activities, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment.

11.

Fish farming, maggot and game breeding except in a zoo.

12.

Horse breeding or horse training at a stable.

SCHEDULE 3Revocations

Regulation 6

Column 1	Column 2	Column 3
Reference	Title	Extent of revocation
S.R. 1993 No. 147	Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1993	The whole Regulations.
S.R. 1994 No. 143	Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 1994	Regulation 21(2).
S.R. 1995 No. 47	Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations (Northern Ireland) 1995	Regulation 17(9) and Schedule 8.
S.R. 1995 No. 60	Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995	Regulation 18(4).
S.R. 1995 No. 209	Construction (Design and Management) Regulations (Northern Ireland) 1995	Regulation 23(3).
S.R. 1996 No. 510	Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996	In Schedule 9, paragraph 4.

(This note is not part of the Regulations.)

These Regulations revoke and replace the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1993 (“the 1993 Regulations”) with amendments. The 1993 Regulations, which applied only to non-domestic premises, made provision with respect to enforcement by district councils of the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”) and the other relevant statutory provisions within the meaning of the 1978 Order (“the relevant statutory provisions”) and also specified the premises in respect of which the Department of Agriculture and the Department of Economic Development would be the enforcing authorities under the afore-mentioned legislation.

The Regulations make the following change of substance.

The Department of Economic Development is the enforcing authority instead of the Department of Agriculture in relation to premises where agricultural activities (or building operations carried out on a farm where the buildings are or are to be used in connection with agricultural activities) are carried on. As a consequence the Department of Agriculture ceases to be an enforcing authority under the 1978 Order and the relevant statutory provisions.