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The Identification and Traceability of Explosives (Amendment) (Northern Ireland) Regulations 2012

S.R. 2012/123 · Made 14 March 2012 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 5 April 2013.

Health And Safety

Made 14th March 2012

Laid before Parliament 15th March 2012

Coming into operation 5th April 2012

F1The Secretary of State makes these regulations in exercise of the powers conferred by Articles 17(1), (2), (3)(c), 4(b) and (5) and 55 (2) of, and paragraphs 1(1) and (4), 2, 5(1), 14(1) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978 M1 (“the 1978 Order”), as applied and modified, in relation to explosives, by Article 53 of the 1978 Order M2. In accordance with Article 46(1) M3of the 1978 Order, 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

Textual amendments

F1

Regulations revoked (5.4.2013) by The Identification and Traceability of Explosives Regulations (Northern Ireland) 2013 (S.R. 2013/48), regs. 1(1), 10(b) (with regs. 3, 9)

Marginal citations

M1

S.I. 1978/1039 (N.I.9).

M2

Article 53 was repealed by paragraph 3(3) of Schedule 12 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) but with a saving in paragraph 4(1)(b) for purposes connected with any reserved matter falling within paragraph 12 or 20 of Schedule 3 to the Northern Ireland Act 1998 (c. 47). The security of explosives is a reserved matter by virtue of paragraph 12 of Schedule 3 to the Northern Ireland Act 1998.

M3

Article 46(1) was amended by S.I. 1998/2795 (N.I.18) Article 6 and paragraph 18 of Schedule 1.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Identification and Traceability of Explosives Regulations (Northern Ireland) 2010
  3. Signature
  4. Explanatory note

1Citation and commencement

F1These Regulations may be cited as the Identification and Traceability of Explosives (Amendment) (Northern Ireland) Regulations 2012 and shall come into operation on 5th April 2012.

2Amendment of the Identification and Traceability of Explosives Regulations (Northern Ireland) 2010

(F11)

The Identification and Traceability of Explosives Regulations (Northern Ireland) 2010 M1are amended as follows.

(2)

In regulation 1, for “5th April 2012” substitute “ 5th April 2013 ”.

(3)

After regulation 7, insert —

“

7A
(1)

The Secretary of State must from time to time —

(a)

carry out a review of these Regulations,

(b)

set out the conclusions of the review in a report, and

(c)

publish the report.

(2)

In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how other member States have implemented Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC M2, a system for the identification and traceability of explosives for civil uses M3 which these Regulations implement.

(3)

The report must in particular—

(a)

set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)

assess the extent to which those objectives are achieved, and

(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4)

The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(5)

Reports under this regulation are afterwards to be published at intervals not exceeding five years.”.

Signature

Owen Paterson

One of Her Majesty's Principal Secretaries of State

Northern Ireland Office

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Identification and Traceability of Explosives Regulations (Northern Ireland) 2010 (“the 2010 Regulations”), which implement, as regards Northern Ireland, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC, a system for the identification and traceability of explosives for civil uses (“the 2008 Directive”).

M1They amend the 2010 Regulations in two ways: firstly, by changing the commencement date to 5th April 2013 instead of 5th April 2012 and secondly, by inserting a new regulation 7A in the 2010 Regulations. The change to the commencement date is for the partial implementation of Articles 1.4 and 2.1 of Commission Directive 2012/4/EU which amends the 2008 Directive.

The new regulation 7A requires the Secretary of State to review the operation and effect of the 2010 Regulations and publish a report within five years after regulation 7A comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the 2010 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and is available in the libraries of both Houses of Parliament, and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

A copy of the transposition note in relation to this partial implementation of the 2012 Directive can be obtained from the Northern Ireland Office, at the same address (as can copies of the transposition note for the implementation of the 2008 Directive). Copies of these documents are available in the libraries of both Houses of Parliament.