PART 8Revocations, amendments, savings and transitional provisions

Consequential and connected amendments29

1

In paragraph 3 of Schedule 1 to the 1978 Order (existing statutory provisions) M1—

a

at the end of sub-paragraph (a) insert “ and ”;

b

at the end of sub-paragraph (b) omit “and”; and

c

omit sub-paragraph (c).

2

In Article 36(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978 M2, for the words “to which Article 3 of the Explosives (Northern Ireland) Order 1972 applies” substitute “ which is a tier 1 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

3

In the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 M3—

a

after article 3(o) M4 insert—

p

any decision to refuse to grant a licence under regulation 5 of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014, to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence), or to suspend or revoke such a licence;

q

any decision to refuse an application for a licence or registration under Part 3 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 M5, to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence), or to revoke such a licence or such registration;

b

in article 4(2) M6 for the words “article 3(d) to (o)” substitute “ article 3(d) to (q) ”;

c

in Schedule 2 (excepted licences, certificates and permits) M7—

i

in paragraph 4 for “section 3 of that Act as extended by Article 3 of the Explosives (Northern Ireland) Order 1972” substitute “ issued under the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”, and

ii

after paragraph 7 insert—

8

Any licence or certificate issued under Part 3 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.

d

in Schedule 3 (excepted proceedings)—

i

in paragraph 14 M8, for “of section 3 of that Act as extended by Article 3 of the Explosives (Northern Ireland) Order 1972” substitute “ required under the provisions of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”; and

ii

after paragraph 25 M9, insert—

26

Proceedings relating to a licence granted or a certificate of registration issued under Part 3 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.

4

In regulation 5(2) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991 (application of these Regulations) M10—

a

in sub-paragraph (h) omit “, the Explosives (Northern Ireland) Order 1972”; and

b

after sub-paragraph (h) insert—

i

a tier 1 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.

5

For regulation 3 of the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999 (application) M11, substitute—

Application3

These Regulations shall not apply to an industrial activity involving—

a

substances to which the Explosives Acts (Northern Ireland) 1875 to 1970 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 apply;

b

tier 1 substances within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014; or

c

the supply of substances to a member of the general public in contravention of regulation 13 of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.

6

In Schedule 2 to the REACH Enforcement Regulations 2008 (functions of enforcing authorities) M12, for paragraph 3 substitute—

3

In Northern Ireland, paragraph 2 does not apply in respect of—

a

substances for which the Explosives Acts (Northern Ireland) 1875 to 1970, the Health and Safety Quarries (Explosives) Regulations (Northern Ireland) 2006, or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 make provision; or

b

tier 1 substances within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014.

7

In regulation 3(5) of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (application) M13—

a

omit “, the Explosives (Northern Ireland) Order 1972”; and

b

at the end of the paragraph insert “ apply or to any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

8

In regulation 3(1) of the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (application) M14—

a

omit “, the Explosives (Northern Ireland) Order 1972”; and

b

at the end of the paragraph insert “ and any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

9

In regulation 4(3) of the Carriage of Explosives Regulations (Northern Ireland) 2010 (application) M15—

a

omit “, the Explosives (Northern Ireland) Order 1972”; and

b

at the end of the paragraph insert “ and any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ”.

10

In Schedule 12 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 M16 (explosives)—

a

in paragraph 2—

i

in sub-paragraph (1), omit “(as extended by Article 3(1) of the Explosives (Northern Ireland) Order 1972)”;

ii

omit sub-paragraph (4); and

iii

in sub-paragraph (5), for “sub-paragraphs (1) and (4)” substitute “ sub-paragraph (1) ”.

b

in paragraph 4—

i

omit sub-paragraph (2); and

ii

in sub-paragraph (6), omit paragraphs (c), (d), (e), (f), (h), (i), (k) and (n);

iii

in sub-paragraph (6), omit “and, so far as applicable” to the end;

iv

in sub-paragraph (7), omit “and, so far as applicable” to the end; and

v

in sub-paragraph (11), omit “or the function under Article 3(2) of the 1972 Order”.