Health and Safety at Work (Northern Ireland) Order 1978 No. 1039 (NI. 9)

F1 PART II N.I. HEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK, AND CONTROL OF DANGEROUS SUBSTANCES

F1 mod. by SR 2001/295

Modifications etc. (not altering text)

C1 Pt. II restricted (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 47 (with arts. 44, 46, 47(2), 49, 62); S.R. 2010/328, art. 2

Miscellaneous and supplementary N.I.

Default powers N.I.

42 .F2 —F3 (1) The Department concerned may cause such local or other inquiries to be held as that Department thinks expedient in connection with any matter relating to the enforcement functions of an enforcing authority under this Order.

(2) If the Department concerned is satisfied, after having caused a local inquiry to be held into the matter, that an enforcing authority has failed to perform any of its enforcement functions, that Department may by order empower an officer of that Department to exercise, or procure the exercise of, that function.

(3) Where any expenses are incurred by the Department concerned or by an officer of the Department concerned under any order under paragraph (2)—

(a) the amount of those expenses as certified by that Department shall, on demand, be paid to that Department by the enforcing authority concerned;

(b) any sum demanded under sub-paragraph ( a)—

(i) shall be recoverable by that Department from that authority as a civil debt due to the Crown; or

(ii) may be deducted from any sums payable by a Northern Ireland Department to the enforcing authority concerned.

F2 mod. by SR 2000/87; 2000/120

F3 mod. by 2002 c. 8 (NI)