The Lifts Regulations 1997

Enforcement in Northern Ireland in relation to relevant products

3.—(1) In Northern Ireland it shall be the duty of the Department of Economic Development to make adequate arrangements for the enforcement of these Regulations in relation to relevant products and a reference in the provisions applied to these Regulations by sub-paragraph (2) below to an “enforcing authority” or to its “field of responsibility” (however expressed) shall be construed accordingly.

(2) In Northern Ireland, in relation to relevant products for use in the workplace—

(a)for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof, Articles 21 to 33(1), 35, 36, 38 and 39 of the Order shall apply as if—

(i)references to relevant statutory provisions were references to those Articles as applied by this paragraph and to these Regulations;

(ii)references to articles, substances, articles and substances, or plant, were references to relevant products;

(iii)in Article 22, paragraph (3) was omitted;

(iv)in Article 25, paragraphs (3), (4) and (5) were omitted;

(v)in Article 31—

(aa)in paragraph (1), the whole of sub-paragraphs (a) to (d) were omitted;

(bb)paragraph (1A) was omitted;

(cc)in paragraph (2), the reference to sub-paragraph (d) of paragraph (1) was omitted;

(dd)paragraph (2A) was omitted;

(ee)paragraph (3) was omitted;

(ff)for paragraph (4) there was substituted the following:–

“(4) A person guilty of an offence under any sub-paragraph of paragraph (1) not mentioned in paragraph (2) or of an offence under paragraph (1)(e) not falling within paragraph (2) shall be liable—

(a)on summary conviction to a fine not exceeding level 5 on the standard scale; or

(b)on conviction on indictment—

(i)in the case of an offence under paragraph (1)(g), (j) or (o), to imprisonment for a term not exceeding two years, or a fine, or both; or

(ii)in all other cases, to a fine”; and

(gg)paragraph (5) was omitted;

(vi)in Article 32—

(aa)sub-paragraphs (a) and (b) were omitted from paragraph (1); and

(bb)in paragraph (3), for “six months” there was substituted “twelve months”; and

(vii)in Article 39, paragraphs (4) and (5) were omitted; and

(b)Articles 34(1) and (2) shall apply in relation to offences under Article 31 as it is applied by sub-paragraph (2)(a) above.

(3) In Northern Ireland, in relation to relevant products for private use and consumption—

(a)the provisions of paragraph 2(b) and (c) of this Schedule shall have effect; and

(b)a magistrates' court may try a complaint in respect of an offence committed under these Regulations if the complaint is made within twelve months from the time when the offence is committed.