Explosives certificate
4.—(1) An explosives certificate is a certificate certifying that the person to whom it is issued is a fit person–
(a)to acquire explosives; or
(b)to acquire and keep explosives,
in accordance with the terms of the explosives certificate and shall be in the form of the certificate in Schedule 2 or one to the same effect.
(2) Subject to paragraph (8), an application for an explosives certificate shall be made to the chief officer of police for the relevant police force.
(3) The Executive may from time to time approve in writing a form of application for an explosives certificate and if it does so any such application shall be in the approved form or one to the same effect.
(4) Subject to paragraphs (5) and (6), a chief officer of police shall issue an explosives certificate to a person who he is satisfied is a fit person to hold a certificate in those terms.
(5) A chief officer of police shall not issue an explosives certificate to a person if the chief officer of police is satisfied that the person is of unsound mind or intemperate habit.
(6) A chief officer of police shall not issue an explosives certificate to a person unless the chief officer of police is satisfied that–
(a)the person has good reason for acquiring the explosives;
(b)subject to paragraph (7), the person is a responsible person who may be permitted to acquire the explosives without danger to public safety or peace;
(c)subject to paragraph (7), the person will take all reasonable precautions to prevent access to the explosives by unauthorised persons and to prevent loss of the explosives;
(d)the person is not a prohibited person;
(e)where the person is a body corporate, no director or secretary of the body corporate, and where the person is a Scottish firm, no partner in the firm, is a prohibited person;
(f)where the application is for a certificate relating only to acquisition of explosives, it is not reasonably practicable for the applicant to be an occupier of a licensed factory, licensed magazine, store or registered premises and the explosives either will not be kept, or, if kept, the applicant will ensure that they are kept in a licensed factory, licensed magazine, store or registered premises or in premises occupied by the Secretary of State; and
(g)where the application is for a certificate relating to keeping of explosives, either–
(i)the applicant is or is to be the occupier of a licensed factory, licensed magazine, store or registered premises, or
(ii)the explosives will be kept in premises occupied on behalf of the Crown, or
(iii)the explosives are to be kept for private use, and will be kept in a licensed factory, licensed magazine, store or registered premises, or are of one or more of the descriptions specified in regulation 10(1).
(7) Sub-paragraphs (b) and (c) of paragraph (6) shall not apply in respect of explosives kept or to be kept in a licensed factory or licensed magazine.