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Cooperation arrangements.
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9.— (1) National authorities shall cooperate with each other in the performance of their functions under the relevant chemicals statutory provisions.
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(2) A national authority may, for the purposes of subsection (1), enter into arrangements with other national authorities.
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(3) Without prejudice to the generality of subsection (2), an arrangement under that subsection may make provision in relation to—
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(a) the carrying out of inspections, checks, examinations and investigations by the national authorities that are parties to the arrangement,
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(b) the exchange of information by such national authorities in relation to the activities referred to in paragraph (a) and such other activities of those authorities as are specified in the arrangement,
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(c) advising national authorities that are parties to the arrangement of suspected offences under any of the relevant chemicals statutory provisions, and
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(d) the carrying out jointly by 2 or more national authorities of activities referred to in paragraph (a).
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(4) For the purposes of the European Regulations, a national authority (other than a Minister of the Government) may, with the consent of the Minister and any other relevant Minister, enter into an arrangement (in this section referred to as a “ mutual cooperation arrangement ”) with an external authority.
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(5) For the purposes of the European Regulations, a national authority who is a Minister of the Government may enter into an arrangement (in this section also referred to as a “ mutual cooper ation arrangement ”) with an external authority.
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(6) A mutual cooperation arrangement may—
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(a) make provision in relation to any of the matters referred to in paragraphs (b) and (c) of subsection (3), and accordingly those paragraphs shall apply in relation to a mutual cooperation arrangement subject to the modification that references to “ national authority ” shall be construed as including references to “ external authority ”, and
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(b) provide that officers of an external authority may accompany an inspector when he or she performs functions in furtherance of a mutual cooperation arrangement to which that external authority is a party.
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(7) A mutual cooperation arrangement shall not have effect unless it is approved by order made by the Minister.
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(8) In this section “ external authority ” means a person standing appointed to be—
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(a) a designated national authority in a Member State for the purposes of the Rotterdam Regulation, or
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(b) a competent authority in a Member State for the purposes of the Detergents Regulation or the REACH Regulation.
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