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The Explosives Regulations 2014

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This is the original version (as it was originally made).

Authorisation to transfer civil explosives

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8.—(1) Before any civil explosives are transferred, the consignee must obtain from the competent authority for the place where the transfer will terminate, a recipient competent authority document which grants approval for the transfer.

(2) No person may consign any civil explosives for carriage to a place outside Great Britain unless the approval of the relevant authority has been obtained.

(3) No person may consign any civil explosives for carriage unless that person is satisfied that the consignee has the recipient competent authority document required by paragraph (1).

(4) No person may carry civil explosives unless the civil explosives are accompanied by the recipient competent authority document required by paragraph (1) or a copy of that document certified by or on behalf of the consignee to be a true copy thereof.

(5) For the purposes of this regulation, any transfer of civil explosives to a place outside the area of the EEA States(1) is treated as a transfer which will terminate at the place where the civil explosives are immediately before leaving the area of the EEA States.

(6) The consignee of any civil explosives must retain the recipient competent authority document or a copy thereof for a period of 3 years from the completion of the transfer.

(7) This regulation does not apply to the transfer of any component of small arms ammunition by a person for that person’s own sporting or other recreational use and not for sale, or to the transfer of such component following which the component is in the possession of a person for such purposes.

(8) Except as part of a transfer carried out in accordance with this regulation, the importation of civil explosives into the United Kingdom is prohibited.

(9) In this regulation—

(a)“competent authority” means—

(i)in respect of Great Britain, the Executive, and

(ii)in respect of Northern Ireland or a place in the territory of an EEA State other than the United Kingdom, the authority whose responsibilities are specified in Article 9 of the Civil Uses Directive;

(b)“recipient competent authority document” means a document issued in accordance with Article 9.3, 9.5, or 9.6 of the Civil Uses Directive by the competent authority of the EEA State in which the transfer will terminate; and

(c)“relevant authority” means—

(i)in respect of a transfer or part of a transfer which takes place within Great Britain, the Executive, and

(ii)in respect of a transfer or part of a transfer which takes place in Northern Ireland or a place in the territory of an EEA State other than the United Kingdom, the competent authority for each place where the transfer takes or is to take place.

(1)

Council Directive 1993/15/EC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

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