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(1) These Regulations may be cited as the Control of Asbestos (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 14th June 2010.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
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In regulation 8 (Licensing to work with asbestos) of the Control of Asbestos Regulations (Northern Ireland) 2007, for paragraphs (5A), (5B) and (5C) substitute—“
(5A) This paragraph applies to the following actions in relation to a licence under this regulation, that is to say—
(a) the refusal to grant the licence;
(b) the specification of any maximum period of validity for the licence where that period is less than 3 years;
(c) making the grant of the licence subject to any conditions;
(d) the variation or refusal to vary the terms of a licence under paragraph (4); or
(e) the revocation of the licence.
(5B) The Executive shall not take any action to which paragraph (5A) applies unless it has followed the procedure set out in Chapter II of the model rules as if—
(a) the Executive were an enforcement officer; and
(b) the action were an enforcement action,
for the purposes of those rules.
(5C) Any person aggrieved by an action of the Executive to which paragraph (5A) applies may appeal against that action to a Tribunal and Chapter I of the model rules shall apply for the purposes of such an appeal as if—
(a) the Executive were an Authority;
(b) the Department were the responsible Department; and
(c) the action in question were an enforcement action,
for the purposes of those rules.
(5D) For the purposes of paragraphs (5B) and (5C), the model rules are those set out in the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 and for the purposes of paragraph (5C), the Tribunal is a Tribunal appointed in accordance with Chapter I of those model rules.”
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The Control of Asbestos (Amendment) Regulations (Northern Ireland) 2009 are revoked.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 20th May 2010
M Bohill
A senior officer of the Department of Enterprise, Trade and Investment
