The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014
S.R. 2014/224 · Made 28 August 2014 · Extends to Northern Ireland
Health And Safety
Made 28th August 2014
Laid before Parliament 8th September 2014
Coming into force 2nd September 2014
The Secretary of State makes these Regulations in exercise of the powers conferred by articles 3(1)(c), (2) and (4), 17, 40(2), (3) and (4), 54(1), (2)(b) and (3), and 55(2) of, and paragraphs 1(1) and (4), 2, 3, 5, 14(1), 15 and 22 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978 M1, which are exercisable by the Secretary of State in relation to explosives, with modifications, by paragraph 4 of Schedule 12 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 M2.
In accordance with Articles 46(1) and 54(5) of the Health and Safety at Work (Northern Ireland) Order 1978 M3, as so applied and modified, the Secretary of State has consulted with the Health and Safety Executive for Northern Ireland and such other bodies as appear to the Secretary of State to be appropriate.
Annotations to the whole text
Marginal citations
- M1
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S.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 Article 17(6)(e) was revoked by Schedule 4 to the Health and Safety (Offences) Act 2008 (c. 20).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).
- M2
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S.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.
- M3
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Article 46(1) was amended by S.I. 1998/2795 (N.I. 18).
Contents
- Part 1: Introductory
- 1Citation and commencement
- 2Interpretation
- Part 2: Control of tier 1 substances and tier 2 substances
- 3Control of tier 1 substances
- 3AControl of restricted hydrochloric and phosphoric acids
- 3BControl of regulated hydrochloric and phosphoric acids
- 3CControl of hexamine
- 3DControl of sulfur
- 4Control of tier 2 substances
- 5Grant of licences
- 6Applications
- 7Internal review of decisions with regard to a licence
- Part 3: Obligations on licence holders
- 8General obligations
- 9Tier 1 substances: consent to acquisition, transport and import
- 10Tier 1 substances: record keeping
- 10AReporting of significant disappearances and thefts
- Part 4: Recognised non-NI licences
- 11Recognised non-NI licences
- Part 5: Supply of substances
- A12Suppliers of tier 1 substances: instructing employees
- B12Suppliers of tier 2 substances: instructing employees
- 12Supply of tier 1 substances
- 13Supply of tier 2 substances
- 14Supply of tier 1 substances for despatch or export: consent
- 15Labelling: Annex I substances
- Part 6: False statements
- 16False statements, etc.
- Part 7: Application, enforcement and supplemental
- 17Application within the territorial sea and a designated area
- 18Application of enforcement provisions in the 1978 Order
- 19Enforcement
- 20Defence of due diligence
- 21Proof of lack of knowledge
- 22General defences
- 23Penalties
- 24Guidance
- 25Review of the regulations
- 26Provision of documents
- 27Functions of Chief Constable
- Part 8: Revocations, amendments, savings and transitional provisions
- 28Revocations
- 29Consequential and connected amendments
- 30Amendments relating to police consent to activities involving explosives
- 31Transitional provision and savings
- Signature
- Schedule 1Tier 1 Substances
- Schedule 1A: Modifications to the Precursors Regulation
- Part 1: Modifications: control of restricted hydrochloric and phosphoric acids
- 1Paragraph 1
- Part 2: Modifications: control of regulated hydrochloric and phosphoric acids
- 2Paragraph 2
- Part 3: Modifications: control of hexamine
- 3Paragraph 3
- Part 4: Modifications: control of sulfur
- 4Paragraph 4
- Part 5: Modifications to definition of “introduction” in Article 3
- 5Paragraph 5
- Schedule 2: Premises and Activities within the Territorial Sea or a Designated Area
- 1Paragraph 1
- 2Offshore installations
- 3Wells
- 4Pipelines
- 5Mines
- 6Gas Importation and Storage
- 7Production of Energy from Water or Wind
- 8Underground Coal Gasification
- 9Other activities
- Schedule 3Revocations
- Explanatory note