The Explosives Regulations 2014

[F1Enforcement powers, market surveillance and designation of market surveillance authorityU.K.

7.—(1) For the purposes of the enforcement of the provisions referred to in paragraph 1, and in respect of any related proceedings for a contravention of any of those provisions, the provisions of the 1974 Act mentioned in paragraph 6 apply as if—

(a)any reference to the relevant statutory provisions in those provisions were a reference to—

(i)those provisions as modified by this paragraph; and

(ii)regulation 8 and Part 13 of these Regulations;

(b)references to “risk” were references to “risk” within the meaning of regulation 2(12);

(c)in section 19—

(i)in subsection (1)—

(aa)“Every enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“within its field of responsibility” were omitted;

(ii)in subsection (2), paragraph (b) were omitted; and

(iii)in subsection (3)—

(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“which appointed him” were omitted;

(d)in section 20—

(i)in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

(ii)in subsection 2(c)(i), “his (the inspector’s) enforcing authority” were a reference to the Executive or the ONR, as the case may be;

(iii)in subsection 2(h), the reference to any article or substance which appears to an inspector to have caused or to be likely to cause danger to health or safety included a reference to any civil explosive item which an inspector has reasonable cause to believe will contravene the relevant statutory provisions, present a risk or be unlawfully acquired, used or dealt in;

(iv)in subsection (2)(i), the reference to “the preceding paragraph” included a reference to subsection (2)(h) as modified by this paragraph;

(v)subsection (3) were omitted;

(vi)in subsections (4) and (5), the reference to subsection (2)(h) included a reference to subsection (2)(h) as modified by this paragraph; and

(vii)in subsection (6), the reference to subsection (2)(i) included a reference to subsection (2)(i) as modified by this paragraph;

(e)in section 21—

(i)before paragraph (a), there were inserted—

“(za)is making available on the market a civil explosive which presents a risk;”;

(ii)after “specifying the”, there was inserted “risk, or”; and

(iii)after “requiring that person to”, there were inserted “address the risk or”;

(f)in section 22, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in subsection (2), it permitted an inspector to serve a prohibition notice on a person if, as regards any activities to which the section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of that person, the activities involve or, as the case may be, will involve a risk or a contravention of any of the relevant statutory provisions (as referred to in this paragraph);

(g)in section 23, subsections (3), (4) and (6) were omitted;

(h)in section 25A, in subsection (1)—

(aa)“an enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)before “inspector” where it first appears, there were inserted “an”;

(i)in section 26—

(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“which appointed him” were omitted;

(j)in section 27, in subsection (1)—

(i)paragraph (b) were omitted; and

(ii)“or, as the case may be, to the enforcing authority in question” were omitted;

(k)in section 27A, in subsection (2)—

(i)for “an enforcing authority” there were substituted “the Executive”; and

(ii)the words from “, other than the Office for Nuclear Regulation” to the end were omitted;

(l)in section 28—

(i)in subsection (1)(a)—

(aa)“, other than the Office for Nuclear Regulation (or an inspector appointed by it),” were omitted; and

(bb)“, by virtue of section 43A(6) below” were omitted;

(ii)in subsection (3)(a), “or any enforcing authority” were omitted;

(iii)in subsection (4)—

(aa)“or an enforcing authority” were omitted; and

(bb)“, (including in the case of an enforcing authority, any inspector appointed by it)” were omitted;

(iv)in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted;

(v)in subsection (7)—

(aa)“14(4)(a) or” were omitted; and

(bb)for paragraph (b), there were substituted—

“(b)for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;”; and

(vi)subsection (9B) were omitted;

(m)in section 33—

(i)in subsection (1), paragraphs (a), (b) and (d) were omitted; and

(ii)subsection (2) has effect subject to a subsection (2A) as follows—

“(2) The maximum penalty for an offence under this section involving a contravention of Part 13 of the Explosives Regulations 2014 (S.I. 2014/1638) is—

(a)on summary conviction—

(i)in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;

(ii)in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.”;

(iii)subsection (3) were omitted;

(n)in section 34—

(i)in subsection (1)—

(aa)paragraphs (a) and (b) were omitted;

(bb)for the words from “and it appears” to the end, there were substituted—

“and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry.”; and

(ii)in subsection (3)—

(aa)the reference to six months were a reference to twelve months; and

(ab)“a responsible enforcing authority”, “an enforcing authority” and “the enforcing authority” were each, respectively, a reference to the Executive or the ONR, as the case may be;

(iii)in subsection (4)—

(aa)the reference to “the designer, manufacturer, importer or supplier of any thing” were a reference to an economic operator within the meaning of regulation 2(1); and

(bb)“and in that subsection” to the end were omitted; and

(iv)subsection (6) were omitted;

(o)in section 35, “any enforcing authority” were a reference to the Executive or the ONR, as the case may be;

(p)in section 39—

(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“which appointed him” were omitted; and

(q)in section 42, the reference in subsection (3A) to “an explosive article or substance” were a reference to a civil explosive article or substance within the meaning of regulation 33(8).”.

(2) The provisions of the 1974 Act referred to in paragraph 6, except sections 19 and 20, do not apply in relation to the performance of the functions of the Secretary of State under Sub-Part C of Part 13 or the functions under that Part of a notified body which is a public body performing its functions on behalf of the Crown.]