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Regulation 2 Interpretation

Northern Ireland

(1)

In these Regulations—

  • “the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M1;

  • “acquiring” means taking into your possession, custody or control;

  • “authorised officer” means a person authorised by the Chief Constable M2 under regulation 27(2);

  • F1...

  • “designated area” means any area designated by Order under section 1(7) of the Continental Shelf Act 1964 M3 and “within a designated area” includes over and under it M4;

  • F2“EEA State” has the same meaning as “member State”;

  • F3...

  • “Great Britain” includes the territorial sea of the United Kingdom other than the part adjacent to Northern Ireland;

  • F4“hexamine” means hexamine (CAS RN 100-97-0) at any concentration, including a mixture or another substance in which it is present;

  • “importing into Northern Ireland” includes importing into any part of the territorial sea (notwithstanding regulation 17) M5;

  • “licence” (unless otherwise indicated) means a licence granted under regulation 5;

  • “member of the general public” means F5a person who is acting for purposes not connected with that F6person’s trade, business or profession (and a trade, business or profession may include the performance of a function of a public nature within the meaning of section 6 of the Human Rights Act 1998 M6);

  • F7“member State” means—

    1. (a)

      a member state of the European Union, or

    2. (b)

      any other state which is party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time;

  • F8...

  • “mixture” means a mixture or solution composed of two or more substances;

  • “organisation” means any body corporate and any combination of persons or other unincorporated association;

  • “possessing” means having in your possession, custody or control;

  • “the Precursors Regulation” means F9Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013;

  • “public place” means any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission (including any road within the meaning of the Roads (Northern Ireland) Order 1993 M7);

  • “recognised non-NI licence” has the same meaning as in regulation 11;

  • F10“regulated hydrochloric acid” means hydrochloric acid (CAS RN 7647-01-0) including a mixture or another substance in which the acid is present, excluding homogeneous mixtures of more than five ingredients in which the concentration of the acid is below 1% w/w;

  • “regulated phosphoric acid” means phosphoric acid (CAS RN 7664-38-2) including a mixture or another substance in which the acid is present, excluding homogeneous mixtures of more than five ingredients in which the concentration of the acid is below 1% w/w;

  • “responsible person” has the same meaning as in regulation 6;

  • F11“restricted hydrochloric acid” means hydrochloric acid (CAS RN 7647-01-0) at a concentration higher than 10% w/w, including a mixture or another substance in which the acid is present at a concentration higher than 10% w/w;

  • “restricted phosphoric acid” means phosphoric acid (CAS RN 7664-38-2) at a concentration higher than 30% w/w, including a mixture or another substance in which the acid is present at a concentration higher than 30% w/w;

  • “substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process—

    1. (a)

      including any additive necessary to preserve its stability and any impurity deriving from the process used, but

    2. (b)

      excluding any solvent that may be separated without affecting the stability of the substance or changing its composition;

  • F12“sulfur” means sulfur (CAS RN 7704-34-9) including a mixture or another substance in which it is present, excluding homogeneous mixtures of more than five ingredients in which its concentration is below 1% w/w;

  • “supply” includes supply to another person—

    1. (a)

      in return for payment or free of charge;

    2. (b)

      for the purpose of the safe disposal of the substance;

  • “transport” means transfer or conveyance; and

  • “using” includes processing, formulating, storing, treating F13, consuming, keeping, filling into containers, transferring from one container to another or mixing, including in the production of an article.

(2)

The Interpretation Act (Northern Ireland) 1954 M8 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Annotations

Textual amendments

F1

Words in reg. 2(1) omitted (8.6.2026) by virtue of The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(a)

F2

Words in reg. 2(1) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(b)

F3

Words in reg. 2(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in reg. 2(1) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(c)

F5

Words in reg. 2(1) substituted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(d)(i)

F6

Word in reg. 2(1) substituted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(d)(ii)

F7

Words in reg. 2(1) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(e)

F8

Words in reg. 2(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in reg. 2(1) substituted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(f)

F10

Words in reg. 2(1) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(g)

F11

Words in reg. 2(1) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(h)

F12

Words in reg. 2(1) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(i)

F13

Words in reg. 2(1) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 3(j)

Marginal citations

M1

S.I. 1978/1039 (N.I. 9); relevant amendments are referenced in these Regulations.

M2

The terms “Chief Constable”, “constable”, “police officer” and “police support staff” are defined in section 43 of the Interpretation Act (Northern Ireland) 1954.

M3

1964 c. 29; section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and section 103 of the Energy Act 2011 (c. 16).

M4

The law in force in Northern Ireland applies for the determination of such questions arising out of acts or omissions taking place in the “Northern Irish area”, which comprises the part of the area designated by S.I. 1968/891 which lies west of the “Northern Irish border” (see S.I. 1980/184).

M5

Under the Health and Safety at Work (Northern Ireland) Order 1978, “Northern Ireland” includes the territorial sea adjacent to Northern Ireland.

M6

Section 6 was amended by paragraph 1 of Schedule 18 to the Constitutional Reform Act 2005 (c. 4).

M7

S.I. 1993/3160; there are no relevant amendments.

M8

1954 c. 33 (N.I.)