Office of Public Sector Information

PART IIITHE EMPLOYMENT MEDICAL ADVISORY SERVICE

The employment medical advisory service

48.—(1) There shall be established within the F1 Executive an employment medical advisory service, which shall have the functions of—

(a)securing that , government departments and others concerned with the health of employed persons or of persons seeking or training for employment can be kept informed of, and adequately advised on, matters of which they ought respectively to take cognisance concerning the safeguarding and improvement of the health of those persons;

(b)giving to employed persons and persons seeking or training for employment information and advice on health in relation to employment and training for employment;

(c)advising the Department concerned on matters relating to health and safety at work.

(2) In paragraph (1)—

(a)the reference to persons training for employment shall include persons attending industrial rehabilitation courses provided by virtue of the Disabled Persons (Employment) Act (Northern Ireland) 1945 M1; and

(b)the reference to persons (other than the government departments mentioned therein) concerned with the health of employed persons or of persons seeking or training for employment shall be taken to include organisations representing employers, employees and occupational health practitioners respectively.

(3) The F1 Executive with the consent of the Department shall appoint persons to be employment medical advisers,

(4) A person shall not be qualified to be appointed, or to be, an employment medical adviser unless he is a fully registered medical practitionerF2.

(5) The F1 Executive with the consent of the Department may determine the cases and circumstances in which employment medical advisers are to perform the duties or exercise the powers conferred on employment medical advisers by or under this Order or otherwise.

(6) The F1 Executive may pay—

(a)to employment medical advisers such salaries or such fees and travelling or other allowances; and

(b)to other persons called upon to give advice in connection with the functions of the employment medical advisory service such travelling or other allowances or compensation for loss of remunerative time; and

(c)to persons attending for medical examinations conducted by, or in accordance with arrangements made by, employment medical advisers (including pathological, physiological and radiological tests and similar investigations so conducted) such travelling or subsistence allowances or such compensation for loss of earnings;

as the F1 Executive, with the approval of the Department F1 and the Department of the Civil Service, may determine.

(7) The F1 Executive with the consent of the Department may for the purposes mentioned in paragraph (1), and for the purpose of assisting employment medical advisers in the performance of their functions, investigate or assist in, arrange for or make payments in respect of the investigation of problems arising in connection with any such matters as are so mentioned or otherwise in connection with the functions of employment medical advisers, and for the purpose of investigation or assisting in the investigation of such problems may provide and maintain such laboratories and other services as appear to the F1 Executive with the consent of the Department to be requisite.

Fees

49.—(1) The Department may by regulations provide for such fees as may be fixed by or determined under the regulations to be payable for or in connection with the performance by the employment medical advisory service of any function conferred under this Part or otherwise.

(2) The provisions of paragraphs (4) and (5) of Article 40 shall apply in relation to regulations under this Article with the modification that references to that Article shall be construed as references to this Article.

Supplementary

50.  The Department of Health and Social Services shall arrange with each Health and Social Services Board for one of its officers who is a fully registered medical practitionerF1 to furnish, on the application of an employment medical adviser, such particulars of the school medical record of a person who has not attained the age of eighteen and such other information relating to his medical history in the possession of that Board as the adviser may reasonably require for the efficient performance of his functions; so, however, that no particulars or information about any person which may be furnished to an adviser under this Article shall (without the consent of that person) be disclosed by the adviser otherwise than for the efficient performance of his functions.

Amendment of the Factories Act (Northern Ireland) 1965

51.—(1) The position and functions of appointed factory doctors are hereby abolished; and accordingly. … residue, with Schedule 5 Pt.I, amends 1965 c.20 (NI)

Para.(2), with Schedule 5 Pt.II, effects amendments

(3) The transitional provision specified in Part III of Schedule 5 shall have effect for the purposes of this Order.

PART IVMISCELLANEOUS AND GENERAL

Art. 52 rep. by 2004 c. 17

Application to explosives

53.—(1) This Order (except Article 41) shall apply to matters under the Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972 M1 as it applies to matters under any of the existing statutory provisions subject to the following modifications—

(a)for any reference to the Department concerned there shall be substituted a reference to the Secretary of State;

(b)in Article 2(2)—

(i)the definition of “Department concerned” shall be omitted;

(ii)in the definition of “statutory provision” for sub-paragraph ( a) there shall be substituted the following sub-paragraph—

“existing statutory provisions” means the provisions of the Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972 and of any regulations, orders or other instruments of a legislative character made or having effect under any of those provisions; ” ;

(c)in Article 54(1) the words “made subject to negative resolution” shall be omitted;

(d)Article 55(1) shall be omitted.

(2) An order under Article 54(1), and regulations under this Order, made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 M2 shall apply accordingly.

General power to repeal or modify statutory provisions

54.—(1) The Department concerned may by order made subject to negative resolution or by regulations repeal or modify any provision to which this paragraph applies if it appears to that Department that the repeal or, as the case may be, the modification of that provision is necessary or expedient in consequence of or in connection with any provision made by or under Part II.

(2) Paragraph (1) applies to any provision, not being among the relevant statutory provisions, which—

(a)is contained in this Order or in any other statutory provision passed or made before the making of this Order; or

(b)applies, excludes or for any other purpose refers to any of the relevant statutory provisions and is contained in any statutory provision not falling within paragraph ( a).

(3) An order or regulations under paragraph (1) may contain such supplemental and consequential provisions as the Department concerned considers necessary for giving full effect to the order or regulations.

(4) Without prejudice to the generality of paragraph (1), the modifications which may be made by an order or regulations thereunder include modifications relating to the enforcement of provisions to which this Article applies (including the appointment of persons for the purpose of such enforcement, and the powers of persons so appointed).

(5) Before making an order or regulations under this Article, the Department concerned shall consult such bodies as appear to that Department to be appropriate.

Regulations

55.—(1) Regulations under this Order shall be subject to negative resolution.

(2) Regulations F1 and orders under this Order may contain incidental, supplementary and transitional provisions.