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| Health and Safety (Offences) Bill |
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| Page 1, line 10 [Clause 1], at end insert— |
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| | ‘(3) | In Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 |
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| | (S.I. 1978/1039 (N.I. 9)) (offences), for paragraphs (1A) to (5) there is |
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| | “(2) | Schedule 3A (which specifies the mode of trial and maximum penalty |
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| | applicable to offences under this Article and the existing statutory |
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| | (3) | Schedule 3A is subject to any provision made by virtue of Article |
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| | (4) | After Schedule 3 to that Order there is inserted the Schedule 3A set out in |
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| | Schedule [New Schedule 3A to the Health and Safety at Work (Northern Ireland) |
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| | Order 1978] to this Act.’. |
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| Page 1, line 15 [Clause 2], leave out ‘1’ and insert ‘1(1) and (2)’. |
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| Page 1, line 18 [Clause 2], at end insert— |
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| | ‘(3A) | The Department concerned (within the meaning given in Article 2(2) of the |
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| | Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. |
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| | 9))) may make any amendments to existing regulations that it considers necessary |
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| | or expedient in consequence of the amendments made by section 1(3) and (4). |
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| | (3B) | The power conferred by subsection (3A) is exercisable by statutory rule for the |
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| | purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 |
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| | | Such a rule is subject to negative resolution within the meaning of the |
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| | Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).’. |
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| Page 1, line 19 [Clause 2], leave out ‘subsection (2)’ and insert ‘this section’. |
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| Page 2, line 6 [Clause 3], leave out ‘and Scotland only’ and insert ‘, Scotland and |
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| Northern Ireland (except that an amendment or repeal made by this Act has the same |
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| extent as the provision to which it relates).’. |
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| To move the following Schedule:— |
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| | ‘New Schedule 3A to the Health and Safety at Work (Northern Ireland) |
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| OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY |
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| | | The mode of trial and maximum penalty applicable to each offence listed in the |
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| | first column of the following table are as set out opposite that offence in the |
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| | subsequent columns of the table. |
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| | | | | | | | | | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | failure to discharge a duty to |
| | fine not exceeding £20,000, |
| | | | | which a person is subject by |
| | | | | | | virtue of Articles 4 to 7. |
| | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | failure to discharge a duty to |
| | | | | | | which a person is subject by |
| | statutory maximum, or both. |
| | | | | | | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | contravention of Article 9. |
| | fine not exceeding £20,000, |
| | | | | | | | | | | | | | | | | | | | | | | | | | contravention of Article 10. |
| | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | | | fine not exceeding £20,000, |
| | | | | | | | | | | | | | A fine not exceeding level 5 |
| | | | | | | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | | | fine not exceeding £20,000, |
| | | | | | | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | | | fine not exceeding level 5 |
| | | | | | | on the standard scale, or |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | | | | | | | | | | statutory maximum, or both. |
| | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | | | fine not exceeding £20,000, |
| | | | | | | | | | | | | | A fine not exceeding level 5 |
| | | | | | | | | | | | | | Imprisonment for a term not |
| | | | | | | | | | | | | | fine not exceeding £20,000, |
| | | | | | | | | | | | | | Imprisonment for a term not |
| | | | | existing statutory provisions |
| | | | | | | for which no other penalty is |
| | fine not exceeding £20,000, |
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| Page 4, line 48 [Schedule 2], leave out ‘of regulation’ and insert ‘of— |
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| Page 5, line 1 [Schedule 2], at end insert ‘or— |
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| | (b) | regulation 26(18) of the Manufacture and Storage of Explosives |
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| | Regulations (Northern Ireland) 2006 (S.R. 2006/425),’. |
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| Page 5, line 3 [Schedule 2], after ‘1974’ insert ‘or Article 31(4) of the Health and |
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| Safety at Work (Northern Ireland) Order 1978’. |
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| Page 5, line 4 [Schedule 2], after ‘Act’ insert ‘or Schedule 3A to that Order’. |
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| Page 5 [Schedule 2], leave out lines 8 to 15 and insert— |
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| | ‘(a) | in the sentence beginning “A person who manufacturers” as it extends |
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| | to England and Wales and Scotland, for “and liable to the penalties |
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| | specified in section 33(3) of the Health and Safety at Work etc. Act |
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| | 1974” there is substituted “and liable as mentioned in the final item of |
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| | Schedule 3A to the Health and Safety at Work etc. Act 1974 (mode of |
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| | trial and penalty for offence under “existing statutory provisions” for |
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| | which no other penalty is specified)”; |
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| | (b) | in that sentence as it extends to Northern Ireland, for “and liable to the |
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| | penalties specified in Article 31(4) of the Health and Safety at Work |
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| | (Northern Ireland) Order 1978” there is substituted “and liable as |
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| | mentioned in the final item of Schedule 3A to the Health and Safety at |
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| | Work (Northern Ireland) Order 1978 (mode of trial and penalty for |
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| | offence under “existing statutory provisions” for which no other |
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| | (c) | in the sentence beginning “If any explosive is imported or sold”, for |
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| | “and liable to the penalties specified in section 33(3) of” there is |
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| | substituted “and liable as mentioned in the final item of Schedule 3A |
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| Page 5, line 25 [Schedule 2], at end insert— |
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| | ‘Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) |
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| | (1) | In Article 17 (health and safety regulations), paragraph (6)(e) is omitted. |
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| | (2) | In Article 39 (remedy and forfeiture), after paragraph (3) there is inserted— |
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| | “(3A) | Paragraph (4) applies where a person is convicted of an offence |
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| | consisting of acquiring or attempting to acquire, possessing or using |
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| | an explosive article or substance (within the meaning of any of the |
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| | relevant statutory provisions) in contravention of any of the relevant |
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| | (3) | In paragraph (4) of that Article, for the words from “a person” to “there |
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| | mentioned” there is substituted “the person is convicted of the offence”.’. |
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| Page 5, line 28 [Schedule 2], at end insert— |
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| | ‘Activity Centres (Young Persons’ Safety) (Northern Ireland) Order 1998 (S.I. 1998/1069 |
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| | | In Article 4 (offences), in paragraph (4)(f), for “, (2), (2A), (4) and (5)” there |
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| | is substituted “and (2) (and the related provisions of Schedule 3A)”.’. |
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| Page 5 [Schedule 3], leave out lines 32 to 35. |
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