The Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

• Citation: S.I. 2019/202
• Sections: 18

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

(3) These Regulations extend to Northern Ireland.

Section 2 Amendment of primary and secondary legislation

Schedule 1 contains amendments of primary legislation.

Section 3 Amendment of primary and secondary legislation

Schedule 2 contains amendments of secondary legislation.

Section 1 Consumer Protection (Northern Ireland) Order 1987

(1) The Consumer Protection (Northern Ireland) Order 1987 is amended as follows.

(2) In Article 4(1)—

(a) for “shall have effect” substitute “was enacted”;

(b) for “is” substitute “was”.

(3) In Article 5(2)(c) for the words from “a member State” to “member States” substitute “the United Kingdom”.

(4) In Article 7(1)(a) before “Community” insert “retained”.

(5) Omit Article 11.

(6) An Order made under Article 11 continues to have effect despite the repeal of that Article by sub-paragraph (5).

Section 1 Measuring Equipment (Liquid Fuel by Road Tanker) Regulations (Northern Ireland) 1984

(1) The Measuring Equipment (Liquid Fuel by Road Tanker) Regulations (Northern Ireland) 1984 are amended as follows.

(2) In regulation 55A—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 57 for “another member State”, in both places, substitute “a member State”.

Section 2 Measuring Equipment (Measures of Length) Regulations (Northern Ireland) 1986

(1) The Measuring Equipment (Measures of Length) Regulations (Northern Ireland) 1986 are amended as follows.

(2) In regulation 22B—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 24 for “another member State”, in both places, substitute “a member State”.

Section 3 Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations (Northern Ireland) 1986

(1) The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations (Northern Ireland) 1986 are amended as follows.

(2) In regulation 23A—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 32A—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(4) In regulation 34(2) for “another member State” substitute “a member State”.

Section 4 Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989

In article 3A(2) of the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989 , for “European Union” substitute “United Kingdom”.

Section 5 Measuring Equipment (Liquid Fuel and Lubricants) Regulations (Northern Ireland) 1998

In the Measuring Equipment (Liquid Fuel and Lubricants) Regulations (Northern Ireland) 1998 in regulation 16(2)(b) omit “other than the United Kingdom”.

Section 6 Meters (Approval of Pattern or Construction and Manner of Installation) Regulations (Northern Ireland) 1998

(1) The Meters (Approval of Pattern or Construction and Manner of Installation) Regulations (Northern Ireland) 1998 are amended as follows.

(2) In regulation 2 in the definition of “ EEA State” at the end insert “, but does not include the United Kingdom”.

(3) In regulation 5(5) omit “other”.

Section 7 Meters (Certification) Regulations (Northern Ireland) 1998

(1) The Meters (Certification) Regulations (Northern Ireland) 1998 are amended as follows.

(2) In regulation 2 in the definition of “EEA State” at the end insert “, but does not include the United Kingdom”.

(3) In regulation 3(1)(b) omit “other”.

(4) In regulation 8(1)(c) and (2) omit “other”.

Section 8 Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999

(1) The Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999 are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “ EC declaration of conformity”—

(a) for “EC declaration of conformity” substitute “declaration of conformity”;

(b) for sub-paragraph (b), substitute—

(b) the requirements for a declaration of conformity in Article 15 of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC ; or

(3) In regulation 9(1)(b) (thorough examination and inspection), for “an EC declaration of conformity” substitute “a declaration of conformity”.

(4) In regulation 11(1) (keeping of information), for “an EC declaration of conformity” substitute “a declaration of conformity”.

Section 9 Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations (Northern Ireland) 2005

(1) The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations (Northern Ireland) 2005 are amended as follows.

(2) In regulation 9—

(a) in the heading for “another EEA State” substitute “an EEA State”;

(b) in paragraph (1) for “another EEA State” substitute “an EEA State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 10(2) for “another EEA State” substitute “an EEA State”.

Section 10 Weighing Equipment (Automatic Catchweighing Instruments) Regulations (Northern Ireland) 2006

In the Weighing Equipment (Automatic Catchweighing Instruments) Regulations (Northern Ireland) 2006 in regulation 9(2)(b) omit “other than the United Kingdom”.

Section 11 Weighing Equipment (Beltweighers) Regulations (Northern Ireland) 2006

In the Weighing Equipment (Beltweighers) Regulations (Northern Ireland) 2006 in regulation 14(2)(b) omit “other than the United Kingdom”.

Section 12 The Offshore Installations (Safety Case) Regulations (Northern Ireland) 2007

(1) The Offshore Installations (Safety Case) Regulations (Northern Ireland) 2007 are amended as follows.

(2) For regulation 2(6)(b) substitute—

(b) examination of any design, specification, certificate, marking or other document, or standard relating to those elements or that plant by such persons;

Section 13 The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011

(1) The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 are amended as follows.

(2) In regulation 3 (scope of application)—

(a) omit paragraph (5);

(b) after paragraph (6) insert—

(7) The duties on the importer set out in regulations 5(1)(b) and 6(1)(c) to ensure the package or outer container is marked with specified contact information do not apply where—

(a) the importer has imported the package or outer container from a Member State within the period of 18 months beginning with exit day; and

(b) it is marked with the contact information of the person in that Member State who packed or imported the package or who arranged for the packer to make up or the importer to import the package.

(3) Omit regulation 11 (notices to the Department).

(4) In regulation 15 (offences relating to E-marks), omit paragraph (2).

(5) In Schedule 5 (application to bread)—

(a) omit paragraph 5;

(b) for paragraph 8, substitute—

(8) Regulation 8 does not apply.

Section 14 The Offshore Installations (Offshore Safety Directive) (Safety Case etc. ) Regulations (Northern Ireland) 2016

(1) The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations (Northern Ireland) 2016 are amended as follows.

(2) For regulation 9(2)(b) substitute—

(b) examination of any design, specification, certificate, marking or other document, or standard relating to those elements or that plant by a verifier;