The Explosives (Amendment) (Northern Ireland) Order 1996

Statutory Instruments

1996 No. 1920 (N.I. 17)

NORTHERN IRELAND

The Explosives (Amendment) (Northern Ireland) Order 1996

Made

23rd July 1996

Coming into operation

24th August 1996

At the Court at Buckingham Palace, the 23rd day of July 1996

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the [1974 c. 28] Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Title and commencement

1.  This Order may be cited as the Explosives (Amendment) (Northern Ireland) Order 1996 and shall come into operation on the expiration of one month from the day on which it is made.

Interpretation

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) This Order shall be construed as one with the Explosives Acts (Northern Ireland) 1875 to 1970.

Control of fireworks

3.—(1) Explosives regulations may, in relation to fireworks, make any such provision as may be made by such regulations in relation to any other description of explosives; and, accordingly, in section 3(1) of the [1970 c. 10 (N.I.).] Explosives Act (Northern Ireland) 1970 the words “or the sale or use of fireworks” are hereby repealed.

(2) Without prejudice to the generality of paragraph (1), Explosives regulations may—

(a) provide for there to be different categories of fireworks; and

(b) make different provisions for different categories of fireworks.

(3) In section 1 of the Explosives Act (Northern Ireland) 1970 after subsection (4) there shall be inserted the following subsection—

“(4A) Subsections (1) and (2) shall not apply to fireworks of such categories as may be prescribed by Explosives regulations.”.

(4) In this Article “Explosives regulations” has the meaning assigned to it by section 3(1) of the Explosives Act (Northern Ireland) 1970.

Selling explosives to children

4.  In section 31 of the [1875 c. 17.] Explosives Act 1875 (which as extended by section 39 of that Act prohibits the sale to children of explosives) for the words “any child apparently under the age of thirteen” there shall be substituted the words “any person apparently under the age of sixteen”.

N. H. Nicholls

Clerk of the privy Council

Explanatory Note

(This note is nor part of the Order)

This Order enables Explosives regulations under section 3(1) of the Explosives Act (Northern Ireland) 1970 to make provision for controlling and regulating the manufacture, sale, acquisition, transfer, storing, transportation, handling, use or disposal of fireworks. It also enables Explosives regulations to exempt fireworks from the requirements of section l(1) and (2) of that Act and increases to sixteen the minimum age at which explosives (including fireworks) may be sold to any person.