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

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

4.—(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.

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