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

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Amendments relating to police consent to activities involving explosivesF5F6F7N.I.

This section has no associated Explanatory Memorandum

30.—(1) The Explosives Act (Northern Ireland) 1970 F1 is amended as follows.

(2) In section 1 (making and dealing with explosives) F2

(a)in subsection (1)(a)—

(i)for “an officer of police” substitute “ the Chief Constable ”, and

(ii)for “such an officer” substitute “ the Chief Constable ”;

(b)in subsection (2), for “a member of the Police Service of Northern Ireland” substitute “ an authorised officer ”;

(c)in subsection (5), for “officer of police” substitute “ authorised officer ”;

(d)for subsection (7) substitute—

(7) In this section, “authorised officer” means a person authorised by the Chief Constable under section 8A(2)..

(3) After section 8 (interpretation) insert—

8A.    Functions of the Chief Constable

(1) The Chief Constable may direct in writing that any of his functions under this Act, or under regulations made under this Act, as are specified in the direction may be exercised on the Chief Constable's behalf by such appropriate police officers and members of the police support staff as are specified in the direction.

(2) The Chief Constable may direct in writing that a constable or a member of the police support staff is an authorised officer for the purpose of this Act, or regulations made under this Act..

(4) The Explosives Regulations (Northern Ireland) 1970 F3 are amended as follows.

(5) In regulation 1 (interpretation), omit the definition of “an officer of police”.

(6) In the following provisions, for “an officer of police” substitute “ the Chief Constable ”

(a)regulation 4(1) and (6); and

(b)regulation 11(1).

(7) In the following provisions, for “officer of police” substitute “ Chief Constable ”

(a)regulation 4(2)(f) and (3);

(b)paragraph (1) of Form 1 in the Schedule;

(c)the heading of Form 2 in the Schedule;

(d)paragraphs (1) and (8) of Form 5 in the Schedule F4;

(e)paragraphs (1) and (11) of Form 5A in the Schedule;

(f)the heading of Form 6 in the Schedule; and

(g)the heading of Form 6A in the Schedule.

(8) In the following provisions, for “consenting officer of police” substitute “ Chief Constable ”

(a)paragraphs (7), (10)(a) and (10)(b) of Form 6 in the Schedule; and

(b)paragraph (7) of Form 6A in the Schedule.

(9) In Form 6 in the Schedule, in paragraph (11), for “officer of police who issued this consent” substitute “ Chief Constable ”.

F2Section 1 was amended by S.I. 1996/1920 (N.I. 17) and S.R. 2006 No.425. References to the “Royal Ulster Constabulary” became the “Police Service of Northern Ireland” (section 78 of the Police (Northern Ireland) Act 2000 (c. 32)). References to fines were amended by S.I. 1984/703 (N.I. 3). References to “Head Constable” became “Inspector or Chief Inspector” (S.R.O. (N.I.) 1970/111).

F3S.R. 1970 No.110; these Regulations were amended by S.R. 1971 No.332; S.R. 1973 No.474; S.R. 1977 No.128; S.R. 2006 No.425; S.R. 2008 No.491.

F4Forms 5, 5A, 6 and 6A were substituted by S.R. 1977 No.128.

F5S.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).

F6S.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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