The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015

PART 1 N.I. INTRODUCTION

Citation and commencement N.I.

1.—(1) These Regulations may be cited as the Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015.

(2) Except as provided by paragraph (3) these Regulations shall come into operation on 1st June 2015.

(3) Regulation 12 shall come into operation on 31st May 2015.

Commencement Information

I1 Reg. 1 in operation at 1.6.2015, see reg. 1(2)

Application within the territorial sea N.I.

2.  Within the territorial sea these Regulations shall apply only to and in relation to the premises and activities to which any of paragraphs 2 to 9 of Schedule 2 applies.

Commencement Information

I2 Reg. 2 in operation at 1.6.2015, see reg. 1(2)

Interpretation N.I.

3.—(1) In these regulations—

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;

“the 2009 Regulations” means the Explosives (Hazard Information and Packaging for supply) Regulations (Northern Ireland) 2009(1);

“the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third paragraphs and Annexes I to VII are to be read as amended from time to time;

“the Commission” means the commission of the European Union;

“competent authority” means the authority or authorities appointed by a [F1 relevant state] for the purpose of carrying out the duties of a competent authority under the CLP Regulation;

“the Department” means the Department of Justice;

“the Department concerned” has the same meaning as in Article 2(2) of the 1978 Order;

“inspector” means a person appointed under Article 21 of the 1978 Order;

[F2 “relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA State;]

“territorial sea” means the territorial sea of the United Kingdom adjacent to Northern Ireland and “within the territorial sea” includes on, over and under it;

“work” shall be construed in accordance with Article 2(4) of the 1978 Order.

(2) Expressions used in both—

(a) Part 3 of these Regulations; and

(b) The CLP Regulation,

have the same meaning in these Regulations as they have in the CLP Regulation.

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

Textual Amendments

F1 Words in reg. 3(1) substituted (12.3.2021) by The Explosives (Appointment of Authorities and Enforcement) (Amendment) (EU Exit) Regulations (Northern Ireland) 2021 (S.R. 2021/37), regs. 1, 2(2)(a)

F2 Words in reg. 3(1) inserted (12.3.2021) by The Explosives (Appointment of Authorities and Enforcement) (Amendment) (EU Exit) Regulations (Northern Ireland) 2021 (S.R. 2021/37), regs. 1, 2(2)(b)

Commencement Information

I3 Reg. 3 in operation at 1.6.2015, see reg. 1(2)

(1)

S.R. 2009/273, as amended by S.R. 2014/47

(2)

1954 c.33 (N.I.)