Published on: 19 November 2018
Sift end on: 03 December 2018
The EUWA will allow EU-derived legislation to be fixed to ensure it operates properly and effectively once the UK has left the EU. These amendments address deficiencies in Northern Ireland health and safety legislation arising from the exit of the UK from the EU. This instrument amends provisions which will for example, become inappropriate or redundant.
This instrument introduces miscellaneous amendments to existing Northern Ireland secondary legislation. The amendments relate to matters which have been identified as deficiencies in the legislation arising from the UK’s withdrawal from the EU. These Regulations amend 11 sets of regulations.
They amend the following regulations to clarify that references to “Community obligation” and “Communities” only refer to provisions imposed by the European Communities up to the day of the UKs exit from the EU:
- the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995;
- the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 1995;
- the Borehole Sites and Operations Regulations (Northern Ireland) 1995; and
- the Offshore Installations and Wells (Design and Construction, etc.) Regulations (Northern Ireland) 1996.
The Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 are amended to remove a redundant reference to [European] ‘Community’; and to replace a reference to a Directive with a reference to the domestic legislation which implements that Directive.
The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 are amended to replace a reference to Member State with the Executive (the Health and Safety Executive for Northern Ireland.
The Control of Artificial Optical Radiation at Work Regulations (Northern Ireland) 2010[1] are amended to clarify definitions in Directive 2006/25/EC and to amend a definition for consistency with the domestic regime.
The Control of Major Accident Hazards Regulations (Northern Ireland) 2015, the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016, and the Ionising Radiations Regulations (Northern Ireland) 2017 are amended to make it clear that once the UK leaves the EU it will no longer be a Member State.
The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016 are amended to remove a redundant reference to the European Union Offshore Oil and Gas Authorities Group to which the UK will no longer belong once it leaves the EU.
The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 are amended to remove a redundant reference and to amend requirements to notify European Economic Area (‘EEA’) States and report to the European Union which will no longer be appropriate once the UK leaves the EU.
The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 are amended to remove requirements to provide information to and advise Member States, report and provide information to the European Commission which will no longer be appropriate once the UK leaves the EU. A new definition of “international organisation” is also inserted by these Regulations for consistency under the domestic regime.
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[1] http://www.legislation.gov.uk/nisr/2010/180/contents/made
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