The Control of Explosives Precursors Regulations 2014
| Year | 2014 |
2014No. 1942
HEALTH AND SAFETY
The Control of Explosives Precursors Regulations 2014
18thJuly2014
24thJuly2014
2ndSeptember2014
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to the notification and control of substances( 2).
The Secretary of State, in exercise of the powers conferred by section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 1972( 3), makes the following Regulations.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference to an Annex of Regulation (EU) No 98/2013( 4) of the European Parliament and of the Council of 15th January 2013 on the marketing and use of explosives precursors to be construed as a reference to that Annex as amended from time to time.
Citation and commencement
1. (1) These Regulations may be cited as the Control of Explosives Precursors Regulations 2014 and come into force on 2nd September 2014.
(2) These Regulations extend to England and Wales and Scotland only.
General interpretation
2. In these Regulations-
"the EU Regulation" means Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15th January 2013 on the marketing and use of explosives precursors;
"Great Britain" includes the territorial sea of the United Kingdom other than the part adjacent to Northern Ireland;
"licence" (unless otherwise indicated) means a licence granted under regulation 7;
"member of the general public" means an individual who is acting (alone or with others) for purposes not connected with his or her trade, business or profession or the performance by him or her of a public function;
"mixture" means a mixture or solution composed of two or more substances;
"recognised non-GB licence" has the meaning given in regulation 10;
"substance" means a chemical element and its compounds in the natural state or obtained by any manufacturing process-
(a) including any additive necessary to preserve its stability and any impurity deriving from the process used, but(b) excluding any solvent that may be separated without affecting the stability of the substance or changing its composition;"supply" means any kind of supply or making available, whether in return for payment or free of charge.
Meaning of "regulated explosives precursor" and "reportable explosives precursor"
3. (1) This regulation defines what is meant for the purposes of these Regulations by "regulated explosives precursor" and "reportable explosives precursor".
(2) Except for the purposes of regulation 6, "regulated explosives precursor"-
(a) means a substance listed in Annex I of the EU Regulation in a concentration higher than the corresponding limit value set out in that Annex, and(b) includes a mixture or other substance in which a substance listed in that Annex is present in a concentration higher than the corresponding limit value,but, in each case, only if the substance or mixture is not excluded.
(3) For the purposes of regulation 6, "regulated explosives precursor"-
(a) means a substance listed in Annex I of the EU Regulation, and(b) includes a mixture or other substance in which a substance listed in that Annex is present,but, in each case, only if the substance or mixture is not excluded.
(4) "Reportable explosives precursor"-
(a) means a substance listed in Annex II of the EU Regulation, and(b) includes a mixture or other substance in which a substance listed in that Annex is present,but, in each case, only if the substance or mixture is not excluded.
(5) A substance or mixture is "excluded" if it is-
(a) medicinal, or(b) contained in a specific object.(6) For these purposes, a substance or mixture is "medicinal" if it is-
(a) a medicinal product as defined by regulation 2 of the Human Medicines Regulations 2012( 5),(b) an investigational medicinal product as defined by regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004( 6),(c) a substance to which Part 12 of the Human Medicines Regulations 2012 or Part 6 of the Medicines for Human Use (Clinical Trials) Regulations 2004 applies by virtue of an order under section 104 or 105 of the Medicines Act 1968( 7) (whether applying subject to exceptions and modifications or not and, in the case of an order under section 104, whether the substance is referred to in the order as a substance or an article), or(d) a veterinary medicinal product as defined by regulation 2 of the Veterinary Medicines Regulations 2013( 8).(7) A substance or mixture is "contained in a specific object" if it is contained in-
(a) an object that, during production, is given a special shape, surface or design that determines its function to a greater degree than does its chemical composition, or(b) an article that contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions, including-(i) pyrotechnic equipment falling within the scope of Council Directive 96/98/EC( 9) on marine equipment, and(ii) percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC( 10) concerning the safety of toys.(8) References in this regulation to an Annex of the EU Regulation are to that Annex as amended from time to time.
Activities prohibited without a licence
4. (1) A member of the general public commits an offence if he or she does anything listed in paragraph (2) without having a licence, or a recognised non-GB licence, to do that thing with respect to that explosives precursor.
(2) The things are-
(a) importing a regulated explosives precursor,(b) acquiring a regulated explosives precursor,(c) possessing a regulated explosives precursor,(d) using a regulated explosives precursor.(3) In these Regulations-
(a) "acquiring" means taking into your possession, custody or control,(b) "importing" means bringing into Great Britain from a country or territory outside the United Kingdom,(c) "possessing" means having in your possession, custody or control, and(d) "using" includes processing, formulating, storing, treating or mixing, including in the production of an article.(4) This regulation does not apply to the possession or use of a regulated explosives precursor at any time before 3rd March 2016.
Supply of regulated explosives precursors
5. (1) A person commits an offence if the person supplies a regulated explosives precursor to a member of the general public without first verifying-
(a) that the member of the general public has a licence, or a recognised non-GB licence, allowing him or her to acquire and possess (or acquire, possess and use) the explosives precursor, or(b) where the supply involves despatch to Northern Ireland, that the member of the general public has a licence issued or recognised under relevant Northern Ireland legislation allowing him or her to acquire and possess (or acquire, possess and use) the explosives precursor, or(c) where the supply involves export from the United Kingdom, that the member of the general public has a licence issued or recognised in accordance with Article 7 of the EU Regulation by the member State where he or she is acquiring the explosives precursor allowing him or her to acquire and possess (or acquire, possess and use) the explosives precursor.(2) In order to verify that someone has the requisite licence, it is sufficient for these purposes to-
(a) inspect the person's licence, and(b) inspect the form of identification specified in that licence (or, if no form is specified, a form of identification sufficient to allow the supplier to verify that the person is the holder of the licence in question).(3) A person commits an offence if the person supplies a regulated explosives precursor to a member of the general public without first entering details of the transaction (or causing details of the transaction to be entered) in the licence that the person inspected for the purposes of paragraph (1).
(4) A person commits an offence if the person supplies a regulated explosives precursor to a member of the general public without first ensuring that a warning label is affixed to the packaging in which the explosives precursor is supplied.
(5) A...
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