HEALTH AND SAFETY Citation and commencement 1 These Regulations may be cited as the Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 24th November 2003. Amendments to the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 2 1 The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 shall be amended in accordance with the following paragraphs. 2 For regulation 2 there shall be substituted the following regulation – Disapplication of these Regulations 2 1 These Regulations shall not apply to or in relation to the master and crew of a ship, or to the employer of such persons, in respect of the normal ship-board activities of a ship’s crew which are carried out solely by the crew under the direction of the master. 2 Regulations 3(4) and (5), 10(2) and 19 shall not apply to occasional work or short-term work involving work regarded as not being harmful, damaging or dangerous to young people in a family undertaking. 3 In this regulation – “normal ship-board activities” include – the construction, reconstruction or conversion of a ship within territorial waters; and the repair of a ship save repair when carried out in dry dock; “ship” includes every description of vessel used in navigation, other than a ship belonging to Her Majesty which forms part of Her Majesty’s Navy. . 3 For regulation 22 there shall be substituted the following regulation – Restriction of civil liability for breach of statutory duty 22 Breach of a duty imposed on an employer by these Regulations shall not confer a right of action in any civil proceedings in so far as that duty applies for the protection of persons not in his employment. . Amendments to the Fire Precautions (Workplace) Regulations (Northern Ireland) 2001 3 1 The Fire Precautions (Workplace) Regulations (Northern Ireland) 2001 shall be amended in accordance with the following paragraphs. 2 In regulation 9(1) there shall be omitted the words “provisions of health and safety regulations or”. 3 In regulation 9(2)(a)(ii), for the words “premises to which” there shall be substituted the words “premises of a description specified in Part I of Schedule 1 to” and the word “apply” shall be omitted. 4 For head (ii) of regulation 9(2)(b) there shall be substituted the following head – ii have effect in relation to a workplace in Northern Ireland other than – a an excepted workplace, or b any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a), other than a building on the surface at a mine, . 5 After regulation 9(2) there shall be inserted the following paragraph – 2A Notwithstanding that the provisions of Part II are not provisions forming part of the relevant statutory provisions, the provisions of Part II shall, in so far as they apply to any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a) other than a building on the surface at a mine, be deemed to be health and safety regulations for the purposes of Articles 18 to 26, 28, 30, 31 to 37, 39 and 43 of the 1978 Order. . 6 After regulation 9 there shall be inserted the following regulation – Civil liability for breach of statutory duty 9A 1 Subject to paragraph (2), breach of a duty imposed on an employer by the workplace fire precautions legislation shall, so far as it causes damage, confer a right of action in civil proceedings. 2 Breach of a duty imposed on an employer by the workplace fire precautions legislation shall not confer a right of action in civil proceedings in so far as that duty applies for the protection of persons not in his employment. . 7 In regulation 16 – a in paragraph (2) sub-paragraph (g) shall be omitted; b after paragraph (5) there shall be inserted the following paragraph – 6 Insofar as Part II contains any provision which is made under the 1984 Order, Article 44A of the 1984 Order shall not apply in respect of any contravention of such provision. . Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 20th October 2003. Michael J. Bohill A senior officer of the Department of Enterprise, Trade and Investment Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 20th October 2003. Leslie Frew A senior officer of the Department of Health, Social Services and Public Safety