The Department of Enterprise, Trade and Investment1, being the Department concerned2, makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)3 and Articles 17(1), (2) and (3), 54(1) and 55(2) of the Health and Safety at Work (Northern Ireland) Order 19784 (“the 1978 Order”).

The Department was designated for the purposes of section 2(2) of the 1972 Act in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations5.

The Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for the references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)6 of the 1978 Order after the Executive has carried out consultations in accordance with Article 46(3)7.

It appears to the Department that the modifications made by regulation 13 are expedient as set out in Article 54(1) of the 1978 Order. It also appears to the Department not to be appropriate to consult bodies in respect of those modifications for the purposes of Article 54(5) of the 1978 Order.