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49.—(1) The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 M1 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)omit the definition of “EEA State”;
(b)omit the definition of “member State”;
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In regulation 12 (supply of tier 1 substances)—
(a)in paragraph (5) for “another” substitute “ a ”;
(b)in paragraph (6)(b) for “another” substitute “ a ”.
(4) In regulation 13(2)(c) (supply of tier 2 substances), for “another” substitute “ a ”.
(5) In regulation 14(1)(b) (supply of tier 1 substances for despatch or export: consent), for “another” substitute “ a ”.
(6) In regulation 18(1) (application of enforcement provisions in the 1978 Order), after “competent authority” insert “ , the United Kingdom ”.
F2(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 49(2)(c) 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, 3(2)(a)
F2Reg. 49(7) 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, 3(2)(b)
Commencement Information
I1Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M1S.R. 2014 No. 224.
50.—(1) The Control of Poisons and Explosives Precursors Regulations 2015 M2 are amended as follows.
(2) In regulation 2(3) (supplies of substances involving despatch to Northern Ireland or export from the UK: modification of section 3A of the Act), for “another member State” substitute “ a member State ”.
Commencement Information
I2Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
51.—(1) Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors is amended as follows.
(2) In Article 1 (subject matter), omit the second paragraph.
(3) In Article 2 (scope), for paragraph 1 substitute—
“1. This Regulation applies—
(a)F3..., in relation to the substances listed in Part 1 (regulated explosives precursors) and Part 3 (reportable explosives precursors) of Schedule 1A to the Poisons Act 1972 M3, and to mixtures and substances containing them;
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1A. F5..., any reference in this Regulation to—
(a)“the Annexes” is to be read as a reference to Parts 1 and 3 of Schedule 1A to the Poisons Act 1972;
(b)“Annex I” is to be read as a reference to Part 1 of Schedule 1A to that Act;
(c)“Annex II” is to be read as a reference to Part 3 of Schedule 1A to that Act.”.
(4) In Article 3(5) (definitions), for “a Member State whether from another Member State or from a third country” substitute “ the United Kingdom ”.
(5) In Article 4 (making available, introduction, possession and use)—
(a)in paragraph 2—
(i)for “a Member State” substitute “ the Secretary of State ”;
(ii)for “a competent authority of the Member State” substitute “ the Secretary of State ”;
(b)in paragraph 3, for “a Member State” substitute “ the Secretary of State ”;
(c)omit paragraph 4;
(d)omit paragraph 5;
(e)for paragraph 6 substitute—
“6. Where a member of the general public intends to introduce a restricted explosives precursor into the territory of the United Kingdom, that person shall obtain and, if requested present to the Secretary of State, a licence issued in accordance with rules laid down in Article 7.”;
(f)in paragraph 7, for “the Member State” to the end, substitute “ the Secretary of State ”.
(6) In Article 6 (free movement)—
(a)for “Without prejudice to the second paragraph of Article 1 and to Article 13, and unless” substitute “ Unless ”;
(b)for “or in other legal acts of the Union, Member States” substitute “ the Secretary of State ”.
(7) In Article 7 (licences)—
(a)in paragraph 1—
(i)for “Each Member State” to “restricted explosives precursors” substitute “ The Secretary of State ”;
(ii)for “competent authority of the Member State” substitute “ Secretary of State ”;
(b)in paragraph 2, for “competent authority” in both places where it occurs substitute “ Secretary of State ”;
(c)in paragraph 3, for “competent authorities” substitute “ Secretary of State ”;
(d)in paragraph 4, for “competent authority” substitute “ Secretary of State ”;
(e)omit paragraph 5;
(f)for paragraph 6 substitute—
“6. Licences granted by the competent authorities of a Member State or of any other country may be recognised in the United Kingdom.”.
(8) In Article 8(3) (registration of transactions), for “competent authorities” substitute “ Secretary of State ”.
(9) In Article 9 (reporting of suspicious transactions, disappearances and thefts)—
(a)in paragraph 2, for “Each Member State” substitute “ The Secretary of State ” and omit “national”;
(b)in paragraph 3, for “the national contact point of the Member State where the transaction was concluded or attempted” substitute “ a contact point established under Article 9(2) ”;
(c)in paragraph 4, for “the national contact point of the Member State” substitute “ a contact point established under Article 9(2) ”;
(d)in paragraph 5—
(i)for the first sentence substitute “ The Secretary of State shall draw up guidelines to assist the chemical supply chain. ”;
(ii)for “The Commission shall update” substitute “ The Secretary of State shall update ”;
(e)in paragraph 6, for “competent authorities”, in both places where it occurs, substitute “ Secretary of State ”.
(10) In Article 10 (data protection)—
(a)for the first reference to “Member States” substitute “ The Secretary of State ”;
(b)for the second reference to “Member States” substitute “ the Secretary of State ”;
(c)for “Articles 8 and 17” substitute “ Article 8 ”.
(11) Omit Article 11 (penalties).
F6(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) Omit Articles [F712] to 18.
(14) In the text following Article 19 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Textual Amendments
F3Words in reg. 51(3) 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, 3(3)(a)(i)
F4Words in reg. 51(3) 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, 3(3)(a)(ii)
F5Words in reg. 51(3) 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, 3(3)(a)(iii)
F6Reg. 51(12) 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, 3(3)(b)
F7Word in reg. 51(13) substituted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 3(3)(c)
Commencement Information
I3Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M31972 c. 66. Schedule 1A was inserted by paragraph 16 of Schedule 21 to the Deregulation Act 2015 (c. 20), and Parts 1 and 3 were amended by S.I. 2018/451.