STATUTORY INSTRUMENTS

S.I. No. 219 of 2001

Safety, Health and Welfare at Work Act, 1989 (Repeal of Section 38 of Factories Act, 1955) (Commencement) Order, 2001

I, Tom Kitt, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 1 (2) of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989) , the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 )), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), and after consultation with the National Authority for Occupational Safety and Health, hereby order as follows:

1.       This Order may be cited as the Safety, Health and Welfare at Work Act, 1989 (Repeal of Section 38 of Factories Act 1955) (Commencement), Order, 2001.

2.       Section 4 (3) of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989) , shall, in so far as it applies to section 38 of the Factories Act, 1955 ( No. 10 of 1955 ), come into operation on 31 August, 2001.

EXPLANATORY NOTE

(This note is not part of the Order and does not purport to be a legal interpretation.)

The purpose of this Order is to activate the repeal (as provided for in sections 1 (2) and 4 (3) of the Safety, Health and Welfare at Work Act, 1989 ) of section 38 of the Factories Act, 1955 , as amended by Section 21 of the Safety in Industry Act, 1980 , on the coming into operation of the Safety, Health and Welfare at Work (Confined Spaces) Regulations, 2001, which, inter alia replace those provisions.

Published by the Stationery Office

Dublin 8