The Identification and Traceability of Explosives Regulations (Northern Ireland) 2013

Interpretation N.I.

2.—(1) In these Regulations—

“Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the UN Recommendations;

“distributor” means a person in the supply chain, other than a manufacturer or an importer, who makes an explosive available on the market and “distributes” and “distribution” are to be construed accordingly;

“explosive” means an explosive article or substance which has been classified in accordance with the UN Recommendations as falling within Class 1;

“explosive article” means an article containing one or more explosive substances;

“explosive substance” means—

(a)

a solid or liquid substance, or

(b)

a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative, self-sustaining, exothermic chemical reactions;

“manufacture” includes—

(a)

in relation to explosive articles, their repair, modification, disassembly or unmaking; and

(b)

in relation to explosive substances, their reprocessing, modification or adaptation;

[F1 “relevant state” means—

(a)

Northern Ireland, or

(b)

any EEA State;]

“site”, in relation to a site within Northern Ireland, means the whole area under the control of the same person and, for these purposes—

(a)

all places adjoining each other under the control of the same person are treated as a whole area; and

(b)

two or more areas under the control of the same person separated only by a road, railway or inland waterway are treated as a whole area;

“territorial sea” means the territorial sea of the United Kingdom adjacent to Northern Ireland and “within the territorial sea” includes on, over and under it;

and

“UN Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26th April 1957))(1) as revised or reissued from time to time.

(2) In these Regulations, any reference to acquiring an explosive means acquiring possession of, or property in, such explosive.

(3) Where an explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time), the explosive is not to be treated as being kept or acquired by a person who has possession of it only by reason of being—

(a) a carrier;

(b) a person engaged in the work of loading or unloading; or

(c) the occupier of a place it passes through while on the journey.

Textual Amendments

F1 Words in reg. 2 inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 19 para. 2

Commencement Information

I1 Reg. 2 in operation at 5.4.2013, see reg. 1(1)

(1)

Current edition (1997): ISBN 92-1-139057 5.