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

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The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014, Section 13 is up to date with all changes known to be in force on or before 18 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Supply of tier 2 substancesF1F2F3N.I.

This section has no associated Explanatory Memorandum

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.

F1S.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).

F2S.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.

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