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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Agriculture (Safety of Children and Young Persons) Regulations (Northern Ireland) 2006 No. 335 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060335.html |
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| Made | 15th August 2006 | ||
| Coming into operation | 31st October 2006 |
and for this purpose "livestock breeding and keeping" does not include activities the main purpose of which is entertainment;
Prevention of access
3.
Every employer and self employed person shall so far as is reasonably practicable prevent a child from gaining access to any hazardous part of premises used by him for agricultural activities except under the supervision of an adult.
Prohibition on children operating agricultural machinery
4.
An employer or self-employed person shall not cause or permit a child under the age of 13 years to—
Prohibition on children riding on agricultural machinery
5.
An employer or self-employed person shall not cause or permit a child who is under the age of 13 years to ride in or on agricultural machinery in the course of, or to or from the site of, agricultural activities.
Prohibition on children and restriction on young persons maintaining agricultural machinery
6.
—(1) An employer or self-employed person ("the responsible person") shall not cause or permit a child to maintain agricultural machinery.
(2) The responsible person shall not cause or permit a young person to maintain such machinery, unless the maintenance is supervised by a competent adult.
Restriction on the use of agricultural machinery
7.
—(1) An employer or self-employed person ("the responsible person") shall not cause or permit a child aged 13 years and over or a young person to drive, tow or otherwise operate agricultural machinery in the course of agricultural activities, or to drive it to or from the site of such activities unless—
(2) In this regulation—
Defence
8.
It shall be a defence for a person charged with a contravention of a provision of these Regulations to prove that he used all due diligence to secure compliance with that provision.
Revocation of the Agriculture (Safety of Children) Regulations (Northern Ireland) 1981 and the Agriculture (Safety of Children)(Amendment) Regulations (Northern Ireland) 1983
9.
The Agriculture (Safety of Children) Regulations (Northern Ireland) 1981[9] and the Agriculture (Safety of Children) (Amendment) Regulations (Northern Ireland) 1983[10] are hereby revoked.
Amendment of the Agriculture (Tractor Cabs) Regulations (Northern Ireland) 1993
10.
In the Agriculture (Tractor Cabs) Regulations (Northern Ireland) 1993[11] for paragraphs (4) and (5) of regulation 6 (Obligations on employers, employees and others) there shall be substituted—
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
15th August 2006.
L.S.
M. Bohill
A senior officer of the Department of Enterprise, Trade and Investment
(c) prohibit children under the age of 13 from riding on tractors, trailers and agricultural machinery while it is being used in agricultural activities or travelling to or from the site of those activities (regulation 5);
(d)
(e) restrict the use of agricultural machinery by children over 13 years of age and young people by setting out a series of conditions that will help to minimise the risks. These include the need for—
(f) amend regulation 6, paragraphs (4) and (5) of the Agriculture (Tractor Cabs) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 477) (regulation 10).
3.
The main provisions governing children's employment are contained in the Children (Northern Ireland) Order 1995 (S.I. 1995 No. 755 (N.I. 2)). The Employment of Children Regulations (Northern Ireland) 1996 (S.R. 1996 No. 477) place restrictions on the hours and conditions and the nature of employment permitted. They also prohibit the employment of children in any occupation other than one specified in the Schedule to those Regulations. These Regulations build on that framework, but also apply where children are not employed.
4.
A regulatory impact assessment prepared by the Health and Safety Executive for Northern Ireland in respect of these Regulations is held at the offices of the Executive at 83 Ladas Drive, Belfast, BT6 9FR from where a copy may be obtained on request.
5.
A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.
[2] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back
[3] Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)back
[4] S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Article 3(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)back
[5] Article 13 (1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4back
[6] Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)back
[7] S.R. 1999 No. 305, amended by S.I. 1999/2001, S.R. 2000 No. 87, S.I. 2001/1701, S.R. 2003 No. 423, S.I. 2004/129, S.R. 2005 No. 279, S.R. 2005 No. 397 and S.R. 2006 No. 1back
[8] S.R. 2000 No. 388, amended by S.R. 2001 No. 348, S.R. 2003 No. 454 and S.R. 2006 No. 255back
[11] S.R. 1993 No. 477, amended by S.R. 1997 No. 149 and S.R. 1999 No. 150back