Regulation 7(2)

SCHEDULE 1 N.I. Defence Exemption Certificates

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

I1 Sch. 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

I2 Sch. 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

I3 Sch. 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

I4 Sch. 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

I5 Sch. 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

I6 Sch. 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 [F1 relevant state] ;

(d) the European Chemicals Agency.

Textual Amendments

F1 Words 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

I7 Sch. 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

I8 Sch. 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

I9 Sch. 1 para. 9 in operation at 1.6.2015, see reg. 1(2)