Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th April, 2019.

I, PAT BREEN, Minister of State at the Department of Business, Enterprise, and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 364 of 2017)) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 (S.I. No. 569 of 2017), and after consultation with the Health and Safety Authority, hereby make the following regulations:

1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Diving) (Amendment) Regulations 2019.

(2) The Principal Regulations and these Regulations may be cited together as the Safety, Health and Welfare at Work (Diving) Regulations 2018 and 2019.

2. These Regulations come into operation on 1 May 2019.

3. In these Regulations “Principal Regulations” means the Safety, Health and Welfare at Work (Diving) Regulations 2018 (No. 254 of 2018).

4. Regulation 19 of the Principal Regulations is amended by inserting after paragraph (3) the following paragraph:

“(3A) Where a diver has a current and valid certificate to the effect that he or she is medically fit to dive, which was obtained in another jurisdiction, such certificate shall be deemed to be a certificate referred to in paragraph (1) if the Authority has an agreement in place in relation to the recognition of certificates issued in that jurisdiction and the certificate is in accordance with that agreement.”.

GIVEN under my hand,

28 April 2019.

PAT BREEN,

Minister of State at the Department of Business, Enterprise, and Innovation

EXPLANATORY NOTE

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

The purpose of these Regulations is to amend the Safety, Health and Welfare at Work (Diving) Regulations 2018 (S.I. No. 254 of 2018) by inserting an additional provision to Regulation 19.

The additional provision to Regulation 19 will allow for the recognition of certificates of fitness to dive issued outside the State to be recognised by the Health and Safety Authority as meeting the requirements of the Safety, Health and Welfare at Work (Diving) Regulations 2018 (S.I. No. 254 of 2018) provided the Health and Safety Authority has entered into an agreement with the relevant authorities of the jurisdiction involved.