Search Legislation

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

Changes over time for: Section 29

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014, Section 29. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Consequential and connected amendmentsF17F18F19N.I.

This section has no associated Explanatory Memorandum

29.—(1) In paragraph 3 of Schedule 1 to the 1978 Order (existing statutory provisions) F1

(a)at the end of sub-paragraph (a) insert “ and ”;

(b)at the end of sub-paragraph (b) omit “and”; and

(c)omit sub-paragraph (c).

(2) In Article 36(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978 F2, for the words “to which Article 3 of the Explosives (Northern Ireland) Order 1972 applies” substitute “ which is a tier 1 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

(3) In the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 F3

(a)after article 3(o) F4 insert—

(p)any decision to refuse to grant a licence under regulation 5 of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014, to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence), or to suspend or revoke such a licence;

(q)any decision to refuse an application for a licence or registration under Part 3 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 F5, to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence), or to revoke such a licence or such registration;.

(b)in article 4(2) F6 for the words “article 3(d) to (o)” substitute “ article 3(d) to (q) ”;

(c)in Schedule 2 (excepted licences, certificates and permits) F7

(i)in paragraph 4 for “section 3 of that Act as extended by Article 3 of the Explosives (Northern Ireland) Order 1972” substitute “ issued under the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”, and

(ii)after paragraph 7 insert—

8.  Any licence or certificate issued under Part 3 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.; and

(d)in Schedule 3 (excepted proceedings)—

(i)in paragraph 14 F8, for “of section 3 of that Act as extended by Article 3 of the Explosives (Northern Ireland) Order 1972” substitute “ required under the provisions of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”; and

(ii)after paragraph 25 F9, insert—

26.  Proceedings relating to a licence granted or a certificate of registration issued under Part 3 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006..

(4) In regulation 5(2) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991 (application of these Regulations) F10

(a)in sub-paragraph (h) omit “, the Explosives (Northern Ireland) Order 1972”; and

(b)after sub-paragraph (h) insert—

(i)a tier 1 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014..

(5) For regulation 3 of the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999 (application) F11, substitute—

Application

3.  These Regulations shall not apply to an industrial activity involving—

(a)substances to which the Explosives Acts (Northern Ireland) 1875 to 1970 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 apply;

(b)tier 1 substances within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014; or

(c)the supply of substances to a member of the general public in contravention of regulation 13 of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014..

(6) In Schedule 2 to the REACH Enforcement Regulations 2008 (functions of enforcing authorities) F12, for paragraph 3 substitute—

3.  In Northern Ireland, paragraph 2 does not apply in respect of—

(a)substances for which the Explosives Acts (Northern Ireland) 1875 to 1970, the Health and Safety Quarries (Explosives) Regulations (Northern Ireland) 2006, or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 make provision; or

(b)tier 1 substances within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014..

(7) In regulation 3(5) of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (application) F13

(a)omit “, the Explosives (Northern Ireland) Order 1972”; and

(b)at the end of the paragraph insert “ apply or to any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

(8) In regulation 3(1) of the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (application) F14

(a)omit “, the Explosives (Northern Ireland) Order 1972”; and

(b)at the end of the paragraph insert “ and any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

(9) In regulation 4(3) of the Carriage of Explosives Regulations (Northern Ireland) 2010 (application) F15

(a)omit “, the Explosives (Northern Ireland) Order 1972”; and

(b)at the end of the paragraph insert “ and any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

(10) In Schedule 12 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 F16 (explosives)—

(a)in paragraph 2—

(i)in sub-paragraph (1), omit “(as extended by Article 3(1) of the Explosives (Northern Ireland) Order 1972)”;

(ii)omit sub-paragraph (4); and

(iii)in sub-paragraph (5), for “sub-paragraphs (1) and (4)” substitute “ sub-paragraph (1) ”.

(b)in paragraph 4—

(i)omit sub-paragraph (2); and

(ii)in sub-paragraph (6), omit paragraphs (c), (d), (e), (f), (h), (i), (k) and (n);

(iii)in sub-paragraph (6), omit “and, so far as applicable” to the end;

(iv)in sub-paragraph (7), omit “and, so far as applicable” to the end; and

(v)in sub-paragraph (11), omit “or the function under Article 3(2) of the 1972 Order”.

F1Paragraph 3 was inserted by S.I. 2010/976. There are no other relevant amendments.

F2S.I. 1978/1049 (N.I. 19); the definition of “waste” in Article 36(1) was modified by S.R. 2006 No.425. Other amendments are not relevant.

F3S.R. 1979 No. 195; this Order was amended by section 39 of the Osteopaths Act 1993 (c. 21); section 40 of the Chiropractors Act 1994 (c. 17); S.R. 1987 No. 393; S.R. 2001 No. 248; S.R. 2001 No. 400; S.R. 2003 No. 355; S.R. 2006 No. 425; S.R. 2009 No. 173; S.R. 2009 No. 303; S.R. 2012 No. 318; and S.R. 2014 No. 27.

F5S.R. 2006 No.425; Part 3 was amended by S.R. 2009 No.248.

F6Article 4 was substituted by S.R. 1987 No. 393, and amended by S.R. 2001 No. 400; S.R. 2009 No. 303; and S.R. 2012 No. 318.

F7Schedule 2 was amended by S.R. 2006 No.425 and S.R. 2009 No.303.

F8Paragraph 14 was amended by S.R. 2006 No. 425.

F9Paragraph 25 was inserted by S.R. 2009 No.303.

F10S.R. 1991 No.509; regulation 5(2)(h) was amended by S.R. 2006 No.425.

F11S.R. 1999 No.90; regulation 3 was amended by S.R. 2006 No.425.

F12S.I. 2008/2852; there are no relevant amendments.

F13S.R. 2009 No.238; paragraph (5) was amended by S.R. 2009 No.273. Other amendments to regulation 3 are not relevant.

F14S.R. 2009 No.273; there are no relevant amendments to this regulation.

F17S.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).

F18S.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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources