The Control of Poisons and Explosives Precursors Regulations 2015

PART 2 GENERAL PROVISIONS ABOUT REGULATED SUBSTANCES

Supplies of substances involving despatch to Northern Ireland or export from the UK: modification of section 3A of the Act

2.—(1) Section 3A of the Act, so far as it applies to the supply of a regulated substance involving despatch to Northern Ireland or export from the United Kingdom, is modified in accordance with this regulation.

(2) In the case of a person’s supply of a regulated explosives precursor that involves despatch to Northern Ireland, references in section 3A of the Act to a licence, or to a recognised non-GB licence, are to be read as references to a licence issued or recognised under relevant Northern Ireland legislation (as defined by section 4B(4) of the Act).

(3) In the case of a person’s supply of a regulated explosives precursor that involves export from the United Kingdom to another member State, references in section 3A of the Act to a licence, or to a recognised non-GB licence, are to be read as references to a licence issued or recognised in accordance with Article 7 of the EU Regulation by the member State where the person is acquiring the explosives precursor.

(4) Except as provided by paragraph (3), nothing in section 3A of the Act applies to the supply of a regulated substance involving export from the United Kingdom.

(5) In paragraph (3), “the EU Regulation” means Regulation (EU) No 98/2013(1)of the European Parliament and of the Council of 15th January 2013 on the marketing and use of explosives precursors.

Applications in relation to licences under section 4A of the Act

3.—(1) An application under section 4A of the Act for the grant or amendment of a licence is valid only if it complies with this regulation.

(2) The application must—

(a) be made in a form and in a manner approved for that purpose by the Secretary of State,

(b) contain the information required by that form, and

(c) be accompanied by whatever further information or documentation the Secretary of State requires.

(3) The power of the Secretary of State to approve the manner in which applications may be made includes power to require all applications to be made, and all further information or documentation to be submitted, by electronic means.

(4) The Secretary of State must publish details of the forms and other matters approved or required from time to time for the purposes of paragraph (2).

(5) The applicant must—

(a) provide any additional information or documentation that the Secretary of State requests in order to decide the applicant’s application,

(b) assist and co-operate as far as reasonably practicable with any investigations or checks that the Secretary of State thinks appropriate to carry out for that purpose, and

(c) do such other things as the Secretary of State may request for that purpose.

(6) The investigations and checks that the Secretary of State may carry out includes investigations and checks about (for example)—

(a) the applicant’s physical or mental health, and

(b) the commission or alleged commission by the applicant of any offence (including cautions, or convictions, that are spent).

(7) The applicant, in making the application, is deemed to have consented to—

(a) the carrying out of any investigation or checks that the Secretary of State thinks it appropriate to carry out in order to decide the application, and

(b) the processing by any person of information about the applicant (including sensitive personal data) that needs to be processed by that person for or in connection with those investigations and checks.

(8) In paragraph (7) “processing” and “sensitive personal data” have the same meaning as in the Data Protection Act 1998(2).

(9) The Secretary of State must notify the applicant of the Secretary of State’s decision to grant or refuse the application as soon as reasonably practicable after the decision is taken.

(10) The notice under paragraph (9) must also inform the applicant of the right under regulation 4 to ask the Secretary of State to reconsider the decision.

(11) The Secretary of State may charge applicants a fee of the following amount—

(a) for applications for the grant of a licence, a fee of £39.50, and

(b) for applications to replace any lost, damaged or stolen licence, a fee of £25.

Internal review of decisions with regard to licences under section 4A of the Act

4.—(1) This regulation applies if—

(a) the Secretary of State makes a relevant decision, and

(b) within 28 days beginning with the day on which the affected person is notified of the decision, the affected person asks the Secretary of State to reconsider the decision.

(2) The Secretary of State must carry out a review of the decision.

(3) Paragraphs (1) to (8) of regulation 3 apply to a request under this regulation as to an application under that regulation.

(4) On conclusion of the review, the Secretary of State must—

(a) confirm the relevant decision (whether on the same or different grounds),

(b) make whatever changes to the relevant decision the Secretary of State thinks fit, or

(c) revoke the relevant decision.

(5) Subsections (6) to (9) of section 4A of the Act (which make provision about decisions to grant or amend a licence under that section) apply to a decision under paragraph (4) above so far as relating to the grant or amendment of a licence as to a decision under that section.

(6) A “relevant” decision is a decision—

(a) to refuse an application for a licence,

(b) to grant an application for a licence subject to any terms or conditions,

(c) to refuse an application to amend a licence,

(d) to grant an application to amend a licence subject to any terms or conditions, or

(e) to vary, suspend or revoke a licence.

(7) The “affected person” is the applicant or, for a decision within paragraph (6)(e), the licence-holder.

(1)

OJ No L39, 9.2.2013, p 1-11.

(2)

1998 c. 29.