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The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014

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PART 5 F3F4F5N.I.Supply of substances

F3S.I. 1978/1039 (N.I. 9). “Executive” was substituted for “Agency” throughout the Order by S.I. 1998/2795 (N.I. 18). Article 3 defines the “general purposes of” Part II, which in turn defines the scope of the power to make health and safety regulations in article 17(1). The general purposes of Part II, as defined in Article 3, were extended by Articles 3(1) and 4(1) of S.I. 1992/1728 (N.I. 17) to cover certain activities relating to offshore installations and pipe-lines. Article 17(6)(e) was revoked by Schedule 4 to the Health and Safety (Offences) Act 2008 (c. 20). Article 55 was amended by S.I. 1998/2795 (N.I. 18).

F4S.I. 2010/976. Paragraph 4(1)(b) of Schedule 12 enables the Secretary of State to make regulations under the Health and Safety at Work (Northern Ireland) Order 1978 for purposes connected with any reserved matter falling within paragraph 12 or 20 of Schedule 3 to the Northern Ireland Act 1998 (c. 47). By paragraph 4(3) and (4) of Schedule 12 to S.I. 2010/976, the Secretary of State's powers under the 1978 Order to make orders or regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12), and any orders and regulations are subject to annulment in pursuance of a resolution of either House of Parliament.

Supply of tier 1 substancesN.I.

12.—(1) A person (“S”) must not supply a tier 1 substance to another person (“P”) unless P provides for inspection—

(a)a licence, in relation to which P is the licence holder or the responsible person, as the case may be; and

(b)one of the documents specified in regulation 6(5) relating to P (but see regulation 26).

(2) S must not supply more than 500 grams by weight or 500 millilitres by measure of a tier 1 substance unless S receives a copy of the consent which—

(a)was issued to the licence holder in accordance with regulation 9(1), and

(b)contains S's name and address as the proposed supplier.

(3) Paragraphs (1) and (2) do not apply where the supply involves despatch to Great Britain or export from the United Kingdom (but see paragraphs (5) and (6) and regulation 14).

(4) Paragraph (2) does not apply to supply to—

(a)Forensic Service Northern Ireland; or

(b)the Commissioners of Irish Lights.

(5) Notwithstanding the prohibition in Article 4(1) of the Precursors Regulation F1, a person (“S”) may supply EU restricted sodium chlorate to a member of the general public (“MGP”) by despatch to Great Britain or by export from the United Kingdom to another member State only if MGP provides for inspection—

(a)a licence mentioned in paragraph (6) allowing MGP to acquire and possess (or acquire, possess and use) the EU restricted sodium chlorate; and

(b)one of the documents specified in regulation 6(5) relating to MGP (but see regulation 26).

(6) The licence is—

(a)where the supply involves despatch to Great Britain, a licence issued or recognised under relevant Great Britain legislation; or

(b)where the supply involves export from the United Kingdom to another member State, a licence issued or recognised in accordance with Article 7 of the Precursors Regulation by the member State where MGP is acquiring the EU restricted sodium chlorate.

(7) S must complete the record of transactions on the licence provided by—

(a)P under paragraph (1)(a); or

(b)MGP under paragraph (5)(a), where the licence contains such a record.

(8) S must include on the relevant entry in the record required to be kept by S under regulation 10(1)—

(a)the number of the licence provided under paragraph (1)(a) or (5)(a); and

(b)the number (if any) of the document provided under paragraph (1)(b) or (5)(b).

(9) Where P or MGP is an individual under the age of 18—

(a)S must not supply a tier 1 substance unless P or MGP is accompanied by a parent or guardian; and

(b)the document mentioned in paragraph (1)(b) or (5)(b) must relate to that parent or guardian (and not to P or MGP).

(10) In this regulation—

EU restricted sodium chlorate” means sodium chlorate which is a restricted explosives precursor within the meaning of the Precursors Regulation;

parent or guardian” has the same meaning as in regulation 6; and

relevant Great Britain legislation” has the same meaning as in regulation 11.

(11) This regulation does not apply to supply to a person mentioned in regulation 3(5).

F1Article 4(1) of the Precursors Regulation provides that restricted explosives precursors shall not be supplied, whether in return for payment or free of charge, to members of the general public (in any member State).

Supply of tier 2 substancesN.I.

13.—(1) Notwithstanding the prohibition in Article 4(1) of the Precursors Regulation, a person (“S”) may supply a tier 2 substance to a member of the general public (“MGP”) only if MGP provides for inspection—

(a)a licence mentioned in paragraph (2) allowing MGP to acquire and possess (or acquire, possess and use) the tier 2 substance; and

(b)one of the documents specified in regulation 6(5) relating to MGP (but see regulation 26).

(2) The licence is—

(a)a licence or a recognised non-NI licence;

(b)where the supply involves despatch to Great Britain, a licence issued or recognised under relevant Great Britain legislation; or

(c)where the supply involves export from the United Kingdom to another member State, a licence issued or recognised in accordance with Article 7 of the Precursors Regulation by the member State where MGP is acquiring the tier 2 substance.

(3) S must complete the record of transactions on the licence provided by MGP under paragraph (1)(a) (where the licence contains such a record).

(4) Where MGP is an individual under the age of 18—

(a)S must not supply a tier 1 substance unless MGP is accompanied by a parent or guardian; and

(b)the document mentioned in paragraph (1)(b) must relate to that parent or guardian (and not to MGP).

(5) In this regulation—

parent or guardian” has the same meaning as in regulation 6; and

relevant Great Britain legislation” has the same meaning as in regulation 11.

Supply of tier 1 substances for despatch or export: consentN.I.

14.—(1) This regulation applies where the supply of a tier 1 substance involves—

(a)despatch to Great Britain; or

(b)export from the United Kingdom (whether to another member State or any other place).

(2) Where this regulation applies, a person (“S) must not supply a tier 1 substance to a person (“P”), or undertake to do so, unless—

(a)S has applied in writing for the consent of the Chief Constable; and

(b)the Chief Constable has given consent in writing.

(3) An application under paragraph (2)(a) is valid only if it—

(a)is in a form approved by the Secretary of State;

(b)contains such information as may be required by the form;

(c)contains P's name and address; and

(d)includes the signature of—

(i)S, and

(ii)where S is an organisation, the responsible person.

(4) An application under paragraph (2)(a) must be made—

(a)not less than 14 days before the date on which the supply is to take place; or

(b)if that is not reasonably practicable, by a later date as agreed by the Chief Constable.

(5) Consent under paragraph (2)(b)—

(a)must be in a form approved by the Secretary of State;

(b)must include P's name and address;

(c)may include such conditions relating to transport through any public place in Northern Ireland or export of the tier 1 substance as the Chief Constable thinks fit; and

(d)may be withdrawn by the Chief Constable by notice to the applicant (which may include notifying the applicant orally if notice in writing is not reasonably practicable).

Labelling: Annex I substancesN.I.

15.—(1) This regulation applies to the label required to be affixed by Article 5 of the Precursors Regulation.

(2) The label must state that the acquisition, possession or use of the substance by the general public is restricted.

(3) The label must be in English, whether or not it is also in another language.

(4) The label must be applied in accordance with Article 31(1), (3) and (5) of the CLP Regulation (reading references to Article 17(1) as a reference to Article 5 of the Precursors Regulation and references to this Chapter as references to Article 31(1) and (3) of the CLP Regulation) F2.

F2If the substances are also required to be labelled under the CLP Regulation, Article 32(6) of that Regulation will apply in relation to the location of the information on the label, relative to other required information.

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