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The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015
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Regulation 7(2)
SCHEDULE 1N.I.Defence Exemption Certificates
This schedule has no associated Explanatory Memorandum
1. The Secretary of State may decide that it is necessary in the interests of defence for a person to be exempt from compliance with a requirement or prohibition in the CLP Regulation.N.I.
Commencement Information
I1Sch. 1 para. 1 in operation at 1.6.2015, see reg. 1(2)
2. The Secretary of State may decide to apply the exemption—N.I.
(a)to a person, including the Secretary of State, or a category of persons;
(b)to one or more requirement or prohibition at the same time;
(c)prospectively;
(d)for a limited or unlimited period;
(e)generally or to a particular case;
(f)subject to such limitations and conditions as the Secretary of State sees fit.
Commencement Information
I2Sch. 1 para. 2 in operation at 1.6.2015, see reg. 1(2)
3. A decision by the Secretary of State to apply the exemption must be evidenced in writing by a certificate.N.I.
Commencement Information
I3Sch. 1 para. 3 in operation at 1.6.2015, see reg. 1(2)
4. A certificate—N.I.
(a)must contain sufficient particulars of the persons to whom, and the matters to which, it relates; and
(b)may be varied or revoked in writing.
Commencement Information
I4Sch. 1 para. 4 in operation at 1.6.2015, see reg. 1(2)
5. The Secretary of State may provide to a person who has the benefit of a certificate—N.I.
(a)the certificate;
(b)a copy of it; or
(c)a copy of a relevant extract of the certificate.
Commencement Information
I5Sch. 1 para. 5 in operation at 1.6.2015, see reg. 1(2)
6. A person who claims the benefit of a certificate must produce to the person listed in paragraph 7, when reasonably requested to do so—N.I.
(a)the certificate;
(b)a copy of it made by the Secretary of State; or
(c)a copy made by the Secretary of State of a relevant extract of the certificate.
Commencement Information
I6Sch. 1 para. 6 in operation at 1.6.2015, see reg. 1(2)
7. The persons referred to in paragraph 6 are—N.I.
(a)an enforcing authority;
(b)a competent authority;
(c)the equivalent of an enforcing authority of another [F1relevant state] ;
(d)the European Chemicals Agency.
Textual Amendments
F1Words in Sch. 1 para. 7(c) 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(5)
Commencement Information
I7Sch. 1 para. 7 in operation at 1.6.2015, see reg. 1(2)
8. Unless the contrary is proved—N.I.
(a)the certificate;
(b)a copy of it made by the Secretary of State; or
(c)a copy made by the Secretary of State of a relevant extract of the certificate,
is conclusive evidence of the matters to which it relates.
Commencement Information
I8Sch. 1 para. 8 in operation at 1.6.2015, see reg. 1(2)
9. A person who fails to comply with paragraph 6 shall not be exempt from compliance with a requirement or prohibition in the CLP Regulation in the interests of defence.N.I.
Commencement Information
I9Sch. 1 para. 9 in operation at 1.6.2015, see reg. 1(2)
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