Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations (Northern Ireland) 1999

Link to law: http://www.legislation.gov.uk/nisr/1999/124/made/data.htm?wrap=true
Published: 1999-03-16

Statutory Rules of Northern Ireland
1999 No. 124

HEALTH AND SAFETY
Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations (Northern Ireland) 1999

Made
16th March 1999

Coming into operation
1st April 1999

The Department of Economic Development, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures for safety and consumer protection as respects electrical equipment and any provisions concerning the composition, labelling, marketing, classification or description of electrical equipment, in exercise of the powers conferred on it by that section, and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 1st April 1999.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

(2) In these Regulations—

“the Department” means the Department of Economic Development;

“the Executive” means the Health and Safety Executive for Northern Ireland;

“statutory provision” has the same meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Amendment of the Electrical Equipment for Explosive Atmospheres (Certification) Regulations (Northern Ireland) 1990

3.  In regulation 3 of the Electrical Equipment for Explosive Atmospheres (Certification) Regulations (Northern Ireland) 1990(4) for the reference to “the Department of Enconomic Development” there shall be substituted a reference to “the Health and Safety Executive for Northern Ireland”.

References in statutory provisions, etc.

4.—(1) In the construction and for the purposes of any statutory provision, judgment, decree, order, award, deed, contract, regulation, bye-law, certificate or other document passed or made before the date of coming into operation of these Regulations, any reference to, or which is to be construed as a reference to, the Department shall, so far only as may be necessary for the purposes of these Regulations, be construed as a reference to the Executive.

(2) The transfer of functions from the Department to the Executive by these Regulations shall not affect any appointment, direction, instruction, approval, requirement or authorisation made or given or other thing done by or under the authority of the Department before the date of coming into operation of these Regulations, but any such matter shall, if in force immediately before that date, continue in force to the like extent and subject to the like conditions as if it had been duly made, given or done by or under the authority of the Executive.

(3) Anything commenced before the date of coming into operation of these Regulations by or under the authority of the Department may, so far as it relates to any function transferred to the Executive by these Regulations, be carried on or completed by or under the authority of the Executive.

(4) Where, at the date of coming into operation of these Regulations, any legal proceeding is pending to which the Department is a party and the proceeding relates to any of the functions transferred by these Regulations, the Executive shall be substituted in the proceeding for the Department, and the proceeding shall not abate by reason of the substitution.

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

L.S.
John J. L. Francey
Assistant Secretary
16th March 1999.

Explanatory Note

(This note is not part of the Regulations.)
These Regulations amend the Electrical Equipment for Explosive Atmospheres (Certification) Regulations (Northern Ireland) 1990, S.R. 1990 No. 284 as amended by S.R. 1995 No. 275 and S.R. 1998 No. 77 (“the principal Regulations”), which provide that the Department of Economic Development shall be the certification body for the purposes of the principal Regulations.
These Regulations provide that the Health and Safety Executive for Northern Ireland, rather than the Department of Economic Development, shall be the certification body for those purposes.


(1)
See S.I. 1972/1811 and S.R. 1993/2661

(2)
1972 c. 68

(3)
1954 c. 33 (N.I.)

(4)
S.R. 1990 No. 284; as amended by S.R. 1995 No. 275 and S.R. 1998 No. 77
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