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Version Superseded: 01/04/2024
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9.—(1) Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 7, for a purpose specified in column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of—
(a)paragraph 1(c) or (d) of Schedule 1 to the Explosives Regulations 2014(1); or
(b)paragraph 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,
the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to the licensing authority.
[F1(1A) Where a licensing authority which is the licensing authority by virtue of—
(a)paragraph 1(c) or (d) of Schedule 1 to the Explosives Regulations 2014; or
(b)paragraph 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,
proposes to vary or varies a licence as described in column 2 of Part 1 of Schedule 7 without the agreement of the explosives licensee as permitted by regulation 16 of the Explosives Regulations 2014, the fee specified in the corresponding entry in column 3 of that Part is payable by the explosives licensee to the licensing authority.]
[F2(2) Where a fee is referred to in column 3 of Part 1 of Schedule 7 as an amount per hour worked, the amount is to be adjusted pro rata for a period worked of less than one hour.]
F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 7, for a purpose specified in column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of—
(a)paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014; or
(b)paragraph 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,
the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.
[F4(4A) Where a licensing authority which is the licensing authority by virtue of—
(a)paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014; or
(b)paragraph 1(b), 2 or 4 of that Schedule in cases where the requirement for assent by the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,
proposes to vary or varies a licence as described in column 1 of Part 2 of Schedule 7 without the agreement of the explosives licensee as permitted by regulation 16 of the Explosives Regulations 2014, the fee specified in the corresponding entry in column 3 of that Part is payable by the explosives licensee to the licensing authority.
(4B) Any fee payable under paragraph (1) or (4) is payable prior to notification of the result of the application.
(4C) Where a fee is payable by an explosives licensee as specified in paragraph (1A) or (4A), the fee is payable within 30 days from the date—
(a)on which the variation of the licence takes effect; or
(b)if the licence is not varied, of the invoice that the licensing authority gives or sends to the explosives licensee.]
(5) Where any application in relation to the provision specified in column 1 of Table 1 in Part 3 of Schedule 7 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table is payable by the applicant to the chief officer of the police.
(6) Where, in relation to an application for an explosives certificate under the Explosives Regulations 2014, a check is carried out for the purposes of regulation 19(2)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee of £5 is payable by the applicant to the chief officer of police prior to that check being carried out.
(7) Parts 2 and 3 of Schedule 7 have effect subject to, respectively, the Notes to Parts 2 and 3.
(8) Where an application in relation to the 2014 Acetylene Regulations is made for a purpose specified in column 1 of Part 4 of Schedule 7, the fee specified in the corresponding entry in column 2 of that Part is payable to the licensing authority by the applicant within the meaning given in the 2014 Acetylene Regulations.
[F5(8A) Any fee payable under paragraph (8) is payable prior to notification of the result of the application.
(8B) Where an acetylene licensing authority proposes to vary or varies a licence as described in column 1 of Part 4 of Schedule 7 without the consent of the acetylene licensee as permitted by regulation 9(5)(a) of the 2014 Acetylene Regulations, the fee specified in the corresponding entry in column 2 of that Part is payable by the acetylene licensee to the acetylene licensing authority.
(8C) Where a fee is referred to in column 2 of Part 4 of Schedule 7 as an amount per hour worked, the amount is to be adjusted pro rata for a period worked of less than one hour.
(8D) Where a fee is payable by an acetylene licensee as specified in paragraph (8B), the fee is payable within 30 days from the date—
(a)on which the variation of the licence takes effect; or
(b)if the licence is not varied, of the invoice that the acetylene licensing authority gives or sends to the acetylene licensee.]
F6(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) For the purposes of this regulation and Schedule 7—
“the 1968 Act” means the Firearms Act 1968(2);
“the 2014 Acetylene Regulations” means the Acetylene Safety (England and Wales and Scotland) Regulations 2014(3);
[F8“acetylene licensee” means a licensee within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);
“acetylene licensing authority” means a licensing authority within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);]
“ammonium nitrate blasting intermediate”, “chief officer of police”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “prohibited person”, “shooters’ powder” and “site” have the same meanings as in the Explosives Regulations 2014(4);
[F9“explosives licensee” means a licensee within the meaning given in the Explosives Regulations 2014 (see regulation 2(1) of those Regulations);]
“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act(5);
“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act(6) to a person who is registered as a firearms dealer under that section;
“relevant application under the 1968 Act” means an application under the 1968 Act—
for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; and
for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and
“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate.
Textual Amendments
F1Reg. 9(1A) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(2)
F2Reg. 9(2) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(3)
F3Reg. 9(3) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(4)
F4Reg. 9(4A)-(4C) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(5)
F5Reg. 9(8A)-(8D) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(6)
F6Reg. 9(9) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(7)
F7Reg. 9(10) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(7)
F8Words in reg. 9(11) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(8)(a)
F9Words in reg. 9(11) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 6(8)(b)
Commencement Information
I1Reg. 9 in force at 21.12.2022, see reg. 1(1)
S.I. 2014/1638. This instrument was amended by S.I. 2014/3248. There are other amending instruments, but none is relevant to these Regulations.
These definitions are found in regulation 2 of the Explosives Regulations 2014, except for “on-site mixing” which is defined in regulation 13(10)(b).
These definitions are found in section 57 of the Firearms Act 1968. The definition of “firearms dealer” was amended by section 31 of the Violent Crime Reduction Act 2006 (c. 38), paragraph 1 of schedule 2 to the Air Weapons and Licensing (Scotland) Act 2015 (2015 asp 10).
There are amendments to section 33 of the 1968 Act, but none is relevant to these Regulations.
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