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The Department of Enterprise, Trade and Investment[1], being a Department designated[2] for the purpose of section 2(2) of the European Communities Act 1972[3] in relation to the notification and control of substances and to measures relating to biocides, in exercise of the powers conferred on it by the said section 2(2) and, being the Department concerned[4], in exercise of the powers conferred on it by Articles 17(1), (2), (3) and (5), 40(2) and (4) and 55(2) of, and paragraphs 1(1), (4) and (5), 3(1), 12(1), 14(1) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[5] and of every other power enabling it in that behalf, and for the purpose of giving effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) of that Order[6], after the carrying out by the said Executive of consultations in accordance with Article 46(3)[7] of that Order, hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Biocidal Products (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 14th November 2002. Amendment of the Biocidal Products Regulations (Northern Ireland) 2001 2. - (1) The Biocidal Products Regulations (Northern Ireland) 2001[8] shall be amended in accordance with the following paragraphs. (2) For paragraph (5) of regulation 8 there shall be substituted the following paragraph:
(3) After sub-paragraph (3) of paragraph 2 of Schedule 10 there shall be added the following sub-paragraph:
(This note is not part of the Regulations.) These Regulations amend the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001 No. 422) by -
(b) introducing a new provision into Schedule 10 to explicitly make a breach of that duty an offence.
The effect of these amendments is to clarify that, in any prosecution for breach of the duty under regulation 8(5), the onus lies on the prosecution to prove that the use of the product was not in accordance with the requirements of the duty. Notes: [1] Formerly the Department of Economic Development; see S.I . 1999/283 (N.I. 1), Article 3(5)back [2] S.I. 1981/1536 and S.I. 1999/2788back [4] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back [5] S.I. 1978/1039 (N.I. 9)back [6] Article 13(1A) was inserted by S.I. 1998/2795 (N.I. 18), Article 4back [7] Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)back
ISBN 0 33794377 X
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