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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 14 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 1 substances for despatch or export: consentF1F2F3N.I.

This section has no associated Explanatory Memorandum

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(d)may be withdrawn by the Chief Constable by notice to the applicant (which may include notifying the applicant orally if notice in writing is not reasonably practicable).

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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