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The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006
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- Northern Ireland Statutory Rules
- 2006 No. 425
- PART III
- Regulation 15
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Changes and effects yet to be applied to Regulation 15:
- reg. 15 coming into force by S.R. 2006/425 reg. 1
Variation of licences [F1and registration] N.I.
This section has no associated Explanatory Memorandum
15.—(1) The Secretary of State may vary a licence—
(a)where there is a change in circumstances such that the separation distances can no longer be maintained and a consequent reduction in the maximum quantity of explosives that may be stored is required;
(b)(in cases where the public hearing procedure was required pursuant to regulation 11(4) [F2, or in cases where that procedure was not required by virtue of regulation 11(5)(e),] before the grant of the licence) where there is a material change in circumstances so that a variation is necessary to ensure safety; or
(c)in relation to any of the matters to which it relates, by agreement with the licensee.
(2) Subject to regulation 17, a licence may be varied on the grounds referred to in paragraph (1)(a) or (b) without the agreement of the licensee.
[F3(2A) The Secretary of State may vary a registration—
(a)where there has been a change of circumstances such that the separation distances can no longer be maintained and a consequent reduction in the quantity of explosives that may be stored is required so as to reduce that quantity to one specified by the Secretary of State which is below the maximum quantity referred to in regulation 13(1) for the kind of explosives concerned;
(b)so as to change the period for which the registration is in operation; and
(c)in relation to any of the matters to which it relates, by agreement with the registered person.]
(3) In cases where the public hearing procedure—
(a)was required under regulation 11(4) before the grant of the licence; or
(b)would have been so required but for the operation of regulation 26(4) or (14),
the provisions of regulation 12 shall apply in respect of a proposed variation referred to in paragraph (4).
(4) A proposed variation for the purpose of paragraph (3) is one which—
(a)relates to changes in the permitted quantities or types of explosive as a result of which the licensee could be required to maintain a separation distance greater than the separation distance required before the variation and, in the opinion of the Secretary of State, significant new health and safety issues are raised by that proposed variation; or
(b)would remove the period of the licence so that it would be unlimited as to time,
and the Secretary of State shall refuse to vary a licence unless the procedure referred to in regulation 11(4) has been applied.
(5) In this regulation any reference to varying a licence includes varying its conditions.
Textual Amendments
F1Words in reg. 15 heading added (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 7(a)
F2Words in reg. 15(1)(b) added (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 7(b)
F3Reg. 15(2A) inserted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 7(c)
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