The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016

PART 2 N.I. AUTHORISATION

Authorisation to transfer civil explosives N.I.

4.—(1) Before any civil explosives are transferred, the consignee must obtain from the competent authority for the place where the transfer will terminate, a recipient competent authority document which grants approval for the transfer.

(2) No person may consign any civil explosives for carriage to a place outside Northern Ireland unless the approval of the relevant authority has been obtained,

(3) No person may consign any civil explosives for carriage unless that person is satisfied that the consignee has the recipient competent authority document required by paragraph (1).

(4) No person may carry civil explosives unless the civil explosives are accompanied by the recipient competent authority document required by paragraph (1) or a copy of that document certified by or on behalf of the consignee to be a true copy thereof.

(5) For the purposes of this regulation, any transfer of civil explosives to a place outside the area of the EEA States is treated as a transfer which will terminate at the place where the civil explosives are immediately before leaving the area of the EEA States.

(6) The consignee of any civil explosives must retain the recipient competent authority document or a copy thereof for a period of three years from the completion of the transfer.

(7) Except as part of a transfer carried out in accordance with this regulation, the importation of civil explosives into the United Kingdom is prohibited.

(8) In this regulation—

(a) “competent authority” means—

(i) in respect of Northern Ireland, the Chief Constable;

(ii) in respect of Great Britain, the Executive; and

(iii) in respect of a place in the territory of an EEA State other than the Unite Kingdom, the authority whose responsibilities are specified in Article 11 of the Directive;

(b) “recipient competent authority document” means a document issued in accordance with Article 11.2, 11.4 or 11.6 of the Directive by the competent authority of the EEA State in which the transfer will terminate; and

(c) “relevant authority” means—

(i) in respect of a transfer or part of a transfer which takes place within Northern Ireland, the Chief Constable;

(ii) in respect of a transfer or part of a transfer which takes place in Great Britain, the Executive; and

(iii) in respect of a transfer or part of a transfer which takes place in the territory of an EEA State other than the United Kingdom, the competent authority for each place where the transfer takes or is to take place.