The Identification and Traceability of Explosives Regulations (Northern Ireland) 2013

Records

6.—(1) Subject to paragraph (2), a person (referred to in this regulation as “person A”) who manufactures, imports, distributes, acquires or keeps any explosive must, in respect of any explosive manufactured in, or imported into, Northern Ireland on or after 5th April 2015, keep a record in respect of that explosive containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to—

(a) an employee of person A acting in the course of person A’s business, where the manufacture, importation, distribution, acquisition or keeping of explosives concerned is that business or a part of it; or

(b) individuals who acquire any explosive, otherwise than in connection with their work, solely for their own personal use.

(3) The information referred to in paragraph (1) is—

(a) the means of identifying and describing the explosive, including—

(i) its type; and

(ii) the unique identification in relation to the explosive;

(b) the location of the explosive while it is in the possession of person A;

(c) the name and address of any person to whom the explosive is transferred; and

(d) whether, while in the possession of person A, the explosive has been—

(i) subjected to a further manufacturing process after its original manufacture;

(ii) used;

(iii) transferred to another person; or

(iv) destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date as necessary by person A.

(5) The system applied by person A for collecting the information must be tested by person A at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person A must keep the record for a period of ten years from the date when the explosive concerned was used, transferred to another person or destroyed.

(7) Person A must protect the record against accidental or malicious damage or destruction.

(8) Person A must provide the enforcing authority with —

(a) information as to the origin and location of each explosive to which the record relates, where the enforcing authority requests it; and

(b) the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person A which manufactures, imports, distributes, acquires or keeps explosives is to cease to trade, person A must notify the enforcing authority of that fact and provide any record still required to be kept pursuant to paragraph (6) to that authority, who must keep that record for the remainder of the period referred to in that paragraph.