The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014

[^f00049]: S.R. 1970 No.110; these Regulations were amended by S.R. 1971 No.332; S.R. 1973 No.474; S.R. 1977 No.128; S.R. 2006 No.425; S.R. 2008 No.491.

[^f00050]: Forms 5, 5A, 6 and 6A were substituted by S.R. 1977 No.128.

[^f00051]: S.R. 2005 No.45, as amended by S.R. 2007 No.247.

[^f00052]: 2008 c. 32; section 1(5) is amended by paragraph 5 of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23).

[^f00053]: 1969 c. 6.

[^f00054]: 1969 c. 6 (N.I.).

Editorial notes

[^c22206801]: 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 Article 17(6)(e) was revoked by Schedule 4 to the Health and Safety (Offences) Act 2008 (c. 20).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).

[^c22206811]: 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.

[^c22206821]: Article 46(1) was amended by S.I. 1998/2795 (N.I. 18).

[^c22206831]: S.I. 1978/1039 (N.I. 9); relevant amendments are referenced in these Regulations.

[^c22206841]: The terms “Chief Constable”, “constable”, “police officer” and “police support staff” are defined in section 43 of the Interpretation Act (Northern Ireland) 1954.

[^c22206851]: OJ No L 353, 31.12.2008, p1.

[^c22206861]: 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).

[^c22206871]: 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).

[^c22206891]: Under the Health and Safety at Work (Northern Ireland) Order 1978, “Northern Ireland” includes the territorial sea adjacent to Northern Ireland.

[^c22206901]: “Individual” means a natural person and does not include a corporation (section 46 of the Interpretation Act (Northern Ireland) 1954).

[^c22206911]: Section 6 was amended by paragraph 1 of Schedule 18 to the Constitutional Reform Act 2005 (c. 4).

[^c22206931]: OJ L 39, 9.2.2013, p. 1–11.

[^c22206941]: S.I. 1993/3160; there are no relevant amendments.

[^c22206951]: 1954 c. 33 (N.I.)

[^c22206961]: Under the Health and Safety at Work (Northern Ireland) Order 1978, and these Regulations, “Northern Ireland” includes the territorial sea adjacent to Northern Ireland.

[^c22206971]: 1975 c. 26; there are no relevant amendments.

[^c22206981]: Under Article 3(10) of the Precursors Regulation, a “restricted explosives precursor” means a substance listed in Annex I to the Precursors Regulation in a concentration higher than the corresponding limit value set out for that substance in that Annex, and includes a mixture or another substance in which the substance listed in that Annex is present in a concentration higher than the corresponding limit value, but in each case only if the substance or mixture is not excluded by Article 2(2) of the Precursors Regulation. Article 2(2) excludes: (a) any article, defined as an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition; (b) an article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions, including (i) pyrotechnic equipment falling within the scope of Council Directive 96/98/EC (OJ L 46, 17/02/1997, p. 25–56) on marine equipment, and (ii) percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC (OJ L 187, 16/07/1988, p. 1–13) concerning the safety of toys; and (c) medicinal products, which in Northern Ireland will mean: (i) a medicinal product within the meaning of regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916), (ii) an investigational medicinal product within the meaning of regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), (iii) a substance to which Part 12 of the Human Medicines Regulations 2012 or Part 6 of the Medicines for Human Use (Clinical Trials) Regulations 2004 applies by virtue of an order under section 104 or 105 of the Medicines Act 1968 (c. 67) (whether applying subject to exceptions or notifications or not and, in the case of an order under section 104, whether the substance is referred to in the order as a substance or an article), or (iv) a veterinary medicinal product within the meaning of regulation 2 of the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).

[^c22206991]: 1971 c. 77; this definition was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61) and amended by section 1(2) of the British Overseas Territories Act 2002 (c. 8).

[^c22207001]: 2007 c. 30. Section 5 of the UK Borders Act 2007 gives the Secretary of State power to make regulations concerning biometric immigration documents. The Secretary of State has the power to issue a biometric immigration document under regulation 13 of the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048). Regulation 13 has been amended by S.I. 2009/819 and S.I. 2012/594.

[^c22207011]: 1983 c. 2; section 13C was inserted by section 4 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13) and amended by section 17 of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13).

[^c22207021]: 2000 c. 7.

[^c22207031]: S.I. 1995/755; Part 2 was amended by section 1 of the Family Law Act (Northern Ireland) 2001 (c. 12); section 199 of the Civil Partnership Act 2004 (c. 33); paragraph 94 of Schedule 5 to the Constitutional Reform Act 2005 (c. 4); paragraphs 71 and 72 of Schedule 6, and paragraph 1 of Schedule 8, to the Human Fertilisation and Embryology Act 2008 (c. 22); and paragraph 24 of Schedule 6 to the Welfare Reform Act 2009 (c. 24) (not yet in force).

[^c22207051]: “Writing” includes include words typewritten, printed, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in a visible form (section 46, Interpretation Act (Northern Ireland) 1954).

[^c22207061]: Article 4(1) of the Precursors Regulation provides that restricted explosives precursors shall not be supplied, whether in return for payment or free of charge, to members of the general public (in any member State).

[^c22207071]: If the substances are also required to be labelled under the CLP Regulation, Article 32(6) of that Regulation will apply in relation to the location of the information on the label, relative to other required information.

[^c22207081]: Articles 20 to 39 were amended by Part 3 of the Schedule to the Forgery and Counterfeiting Act 1981 (c. 45); S.I. 1984/1159 (N.I. 9); S.I. 1986/1883 (N.I. 15); S.I. 1987/2049 (N.I. 20); S.I. 1988/595 (N.I. 3); S.I. 1992/1728 (N.I. 17); S.I. 1998/2795 (N.I. 18); paragraph 27 of Schedule 29 to the Civil Partnership Act 2004 (c. 33); paragraph 19 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c. 11); S.I. 2006/1254 (N.I. 9); S.I. 2006/3336 (N.I. 21); section 1 of, and Schedule 3 to, the Health and Safety (Offences) Act 2008 (c. 20).

[^c22207091]: 1968 c.67: section 75(8) was amended by S.I. 1968/1699.

[^c22207101]: Paragraph 3 was inserted by S.I. 2010/976. There are no other relevant amendments.

[^c22207111]: S.I. 1978/1049 (N.I. 19); the definition of “waste” in Article 36(1) was modified by S.R. 2006 No.425. Other amendments are not relevant.

[^c22207121]: S.R. 1979 No. 195; this Order was amended by section 39 of the Osteopaths Act 1993 (c. 21); section 40 of the Chiropractors Act 1994 (c. 17); S.R. 1987 No. 393; S.R. 2001 No. 248; S.R. 2001 No. 400; S.R. 2003 No. 355; S.R. 2006 No. 425; S.R. 2009 No. 173; S.R. 2009 No. 303; S.R. 2012 No. 318; and S.R. 2014 No. 27.

[^c22207131]: Article 3 was amended by S.R. 1987 No. 393; S.R. 2001 No. 248; S.R. 2001 No. 400; S.R. 2009 No. 303; S.R. 2012/318 and S.R. 2014 No. 27.

[^c22207141]: S.R. 2006 No.425; Part 3 was amended by S.R. 2009 No.248.

[^c22207151]: Article 4 was substituted by S.R. 1987 No. 393, and amended by S.R. 2001 No. 400; S.R. 2009 No. 303; and S.R. 2012 No. 318.

[^c22207161]: Schedule 2 was amended by S.R. 2006 No.425 and S.R. 2009 No.303.

[^c22207171]: Paragraph 14 was amended by S.R. 2006 No. 425.

[^c22207181]: Paragraph 25 was inserted by S.R. 2009 No.303.

[^c22207191]: S.R. 1991 No.509; regulation 5(2)(h) was amended by S.R. 2006 No.425.

[^c22207201]: S.R. 1999 No.90; regulation 3 was amended by S.R. 2006 No.425.

[^c22207211]: S.I. 2008/2852; there are no relevant amendments.

[^c22207221]: S.R. 2009 No.238; paragraph (5) was amended by S.R. 2009 No.273. Other amendments to regulation 3 are not relevant.

[^c22207231]: S.R. 2009 No.273; there are no relevant amendments to this regulation.

[^c22207241]: S.R. 2010 No.59;

[^c22207251]: S.I. 2010/976.

[^c22207261]: 1970 c. 10.

[^c22207271]: Section 1 was amended by S.I. 1996/1920 (N.I. 17) and S.R. 2006 No.425. References to the “Royal Ulster Constabulary” became the “Police Service of Northern Ireland” (section 78 of the Police (Northern Ireland) Act 2000 (c. 32)). References to fines were amended by S.I. 1984/703 (N.I. 3). References to “Head Constable” became “Inspector or Chief Inspector” (S.R.O. (N.I.) 1970/111).

[^c22207281]: S.R. 1970 No.110; these Regulations were amended by S.R. 1971 No.332; S.R. 1973 No.474; S.R. 1977 No.128; S.R. 2006 No.425; S.R. 2008 No.491.

[^c22207291]: Forms 5, 5A, 6 and 6A were substituted by S.R. 1977 No.128.

[^c22207301]: S.R. 2005 No.45, as amended by S.R. 2007 No.247.

[^c22207311]: 2008 c. 32; section 1(5) is amended by paragraph 5 of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23).

[^c22207321]: 1969 c. 6.

[^c22207331]: 1969 c. 6 (N.I.).

[^key-07a5210f545f72b14f30a5471bfc5f94]: Word in reg. 13(2)(c) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-13924392eaadfd6e23ebe7c9f08b669c]: Reg. 11(3)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 2

[^key-5c48612519dec4d37f747141a0b74ef2]: Word in reg. 12(6)(b) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6f02e5b68f8533454854c6bdddf45afd]: Reg. 6(9)(b) and word omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 382(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-a0ee67801035d60d9706e7d0905b888e]: Words in reg. 18(1) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ab5dc65acc7a0be3c9dd5d81fdc69272]: Word in reg. 12(5) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c0b1707a39d93f4f5636f6c8920b0b30]: Words in reg. 6(11) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 382(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-d124e9f68a16da2e2d081906fb9d400f]: 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)

[^key-e8c8d42aa7132f4b799674665d8fc721]: 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)

[^key-f279f52c0510a94c07bb68455cf3d74e]: Word in reg. 14(1)(b) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(5); 2020 c. 1, Sch. 5 para. 1(1)