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

Transitional provision and savings

31.—(1) Before 3rd March 2016, regulation 4(3) has effect as if paragraphs (c) and (d) were omitted.

(2) Subject to paragraphs (3) to (5), a licence issued in respect of a tier 1 substance under any instrument listed in Schedule 3 which was valid immediately before the relevant date, is to be treated as a licence granted under regulation 5 and continues in operation on its existing terms and conditions.

(3) Such a licence remains valid until—

(a) its expiry on the date it was due to expire,

(b) its revocation under regulation 5, or

(c) a period of three years beginning on the relevant date,

whichever is the sooner.

(4) The continued operation of such a licence is subject to—

(a) the Secretary of State’s power to amend, vary, suspend or revoke a licence under regulation 5; and

(b) any review under regulation 7.

(5) The existing terms and conditions of such a licence do not apply to the extent that they are inconsistent with any provision of these Regulations.

(6) Where an application for a licence, or to amend a licence, under any instrument listed in Schedule 3 has been made to the Secretary of State but not determined by the relevant date—

(a) the application is to be treated as an application under regulation 6;

(b) the provisions of these Regulations (other than regulation 6(1) to (7)) apply to the application; and

(c) the Secretary of State may require the applicant to provide additional information or documentation (including the information or documentation mentioned in regulation 6(2), (3)(b) and (d), (4)(a) and (5)) to—

(i) the Secretary of State, or

(ii) an authorised officer.

(7) Subject to paragraphs (8) and (9), consent to a transaction involving a tier 1 substance issued under the Explosives Act (Northern Ireland) 1970 or any instrument listed in Schedule 3, which was valid immediately before the relevant date, is to be treated as consent granted under regulation 9 or 14, as the case may be, and continues in operation on its existing terms and conditions.

(8) Such consent remains valid until—

(a) its expiry on the date it was due to expire,

(b) its withdrawal under regulation 9 or 14, or

(c) 14 days beginning on the relevant date,

whichever is the sooner.

(9) The existing terms and conditions of such consent do not apply to the extent that they are inconsistent with any provision of these Regulations.

(10) Paragraph (11) applies where—

(a) immediately before the relevant date, a person was exempt from the requirement to obtain consent to, or keep a permanent record of, a transaction involving a tier 1 substance under the Explosives Act (Northern Ireland) 1970 or any instrument listed in Schedule 3; and

(b) that person is not so exempt under these Regulations.

(11) Regulations 9, 10 and 14 do not apply to that person for a period of 3 months beginning on the relevant date.

(12) In this regulation, the “relevant date” means the date of coming into force of these Regulations.