Northern Ireland Statutory Rule SI 2016/366 United Kingdom

The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Conformity Assessment Body21 Manufacturer19 Distributor5 Operator4 Any Person1

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Conformity Assessment Body — also bound by 47 other Acts
Manufacturer — also bound by 502 other Acts
Distributor — also bound by 182 other Acts
Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.004 Authorisation to transfer civil explosives Regulated
  • Obtain recipient approval before transferring civil explosivesAny Person
s.005 Design and manufacture in accordance with essential safety requirements Regulated
  • Design and manufacture civil explosives in line with safety requirementsManufacturer
s.006 Technical documentation and conformity assessment Regulated
  • Obtain conformity assessment and technical documentation for civil explosivesManufacturer
s.007 EU declaration of conformity and CE marking Regulated
  • Draw up EU declaration of conformity and affix CE marking for civil explosivesManufacturer
s.008 Retention of technical documentation and EU declaration of conformity Regulated
  • Keep technical documentation for 10 years after placing on marketManufacturer
s.009 Compliance procedures for series production Regulated
  • Put compliance procedures in place before selling series-made explosivesManufacturer
s.010 Traceability of certain civil explosives excluded from the scope of regulations 4, 5 and 6 of the Identification and Traceability of Explosives Regulations (Northern Ireland) 2013 (ITOER (NI) 2013) Regulated
  • Label civil explosives with ID and contact details before saleManufacturer
s.011 Instructions and safety information Regulated
  • Provide instructions and safety information in English for civil explosivesManufacturer
s.012 Appointment of authorised representative by written mandate Regulated
  • Appoint authorised representative and define their tasks in a written mandateManufacturer
s.013 Prohibition on placing on the market civil explosives which are not in conformity Regulated
  • Do not place civil explosives on the market unless they meet essential safety requirementsManufacturer
s.014 Requirements which must be satisfied before an importer places a civil explosive on the market Regulated
  • Verify manufacturer's compliance before placing civil explosives on the marketManufacturer
s.015 Prohibition on placing on the market civil explosives considered not to be in conformity with the essential safety requirements Regulated
  • Stop placing non-compliant civil explosives on the marketManufacturer
s.016 Information identifying importer Regulated
  • Label imported civil explosives with your name and contact addressManufacturer
s.017 Instructions and safety information Regulated
  • Provide instructions and safety information in EnglishManufacturer
s.018 Retention of technical documentation and EU declaration of conformity Regulated
  • Keep EU declaration of conformity and technical documentation for 10 yearsManufacturer
s.019 Duty to take action in respect of civil explosives placed on the market which are considered not to be in conformity Regulated
  • Take corrective action if civil explosives may be non-conformingManufacturer
s.020 Provision of information and cooperation Regulated
  • Provide information and cooperate with the explosives authorityManufacturer
s.021 Duty to act with due care Regulated
  • Act with due care to ensure civil explosives conformityDistributor
s.022 Requirements which must be satisfied before a distributor makes a civil explosive available on the market Regulated
  • Verify civil explosives meet CE marking and documentation requirements before sellingDistributor
s.023 Prohibition on making available on the market civil explosives considered not to be in conformity with the essential safety requirements Regulated
  • Do not supply non-conforming civil explosives and report risksDistributor
s.024 Duty to take action in respect of civil explosives made available on the market which are not in conformity Regulated
  • Take corrective action for non-conforming civil explosives and notify authorities of risksDistributor
s.025 Provision of information and cooperation Regulated
  • Provide information and cooperate with competent authority on requestDistributor
s.026 Storage and transport Regulated
  • Ensure safe storage and transport of civil explosivesManufacturer
s.028 Translation of a declaration of conformity Regulated
  • Ensure EU declaration of conformity is in English before selling civil explosivesOperator
s.029 Identification of economic operators Regulated
  • Identify your suppliers and customers on request by the regulatorOperator
s.030 Prohibition on improper use of CE marking Regulated
  • Do not misuse the CE marking on your civil explosivesOperator
s.032 Conformity assessment procedures Regulated
  • Choose and follow an approved conformity assessment procedure for your civil explosivesManufacturer
s.034 CE marking Regulated
  • Affix CE marking to civil explosives and include notified body numberManufacturer
s.036 Notification Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify qualifying conformity assessment bodies to EU and EEACrown / Minister / Government department
s.041 Changes to notifications Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must restrict, suspend or withdraw non-compliant notified bodiesCrown / Minister / Government department
s.042 Operational obligations of notified bodies Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must follow Schedule 4 when doing conformity assessmentsStatutory regulator
s.043 Subsidiaries and contractors Regulated
  • Manage subcontractors and subsidiaries in conformity assessmentsConformity Assessment Body
14 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Application
s.027 Cases in which obligations of manufacturers apply to importers and distributors
s.031 Presumption of conformity
s.033 EU declaration of conformity
s.035 Notified bodies
s.037 Presumption of conformity of notified bodies
s.038 Contents of notification
s.039 Monitoring
s.040 United Kingdom Accreditation Service
s.044 Enforcement in relation to Part 2 and Part 3, market surveillance and further matters
s.045 Transitional provisions
s.046 Revocation
Schedules

Schedules

28 of 60 shown
s.sch002 Recall notice Regulated
  • Comply with a recall notice for civil explosivesOperator
s.sch003 A conformity assessment body must be established in the United... Regulated
  • Conformity assessment body must be a UK-registered legal entityConformity Assessment Body
s.sch003 A conformity assessment body must have the means necessary to... Regulated
  • Have necessary means and equipment for conformity assessmentConformity Assessment Body
s.sch003 A conformity assessment body must be able to demonstrate the... Regulated
  • Demonstrate impartiality of management and assessment staffConformity Assessment Body
s.sch003 The remuneration of the top level management and the personnel... Regulated
  • Don't link pay to assessment numbers or outcomesConformity Assessment Body
s.sch003 A conformity assessment body must have, and must satisfy the... Regulated
  • Have adequate civil liability insurance and prove it to the Secretary of StateConformity Assessment Body
s.sch003 A conformity assessment body must ensure that its personnel observe... Regulated
  • Keep personnel information confidential and protect proprietary rightsConformity Assessment Body
s.sch003 A conformity assessment body must participate in, or ensure that... Regulated
  • Participate in explosives standardisation activities and follow coordination group guidanceConformity Assessment Body
s.sch003 A conformity assessment body must be a third party body... Regulated
  • Ensure your conformity assessment body is independent and third-partyConformity Assessment Body
s.sch003 (1) A conformity assessment body, its top level management and... Regulated
  • Conformity assessment bodies must not have a commercial role in explosivesConformity Assessment Body
s.sch003 A conformity assessment body, its top level management and the... Regulated
  • Do not get involved in explosives design, manufacture or maintenance if you are a conformity assessorConformity Assessment Body
s.sch003 A conformity assessment body, its top level management and the... Regulated
  • Avoid conflicts of interest as a conformity assessment bodyConformity Assessment Body
s.sch003 A conformity assessment body must ensure that the activities of... Regulated
  • Ensure subcontractors and subsidiaries do not compromise assessment integrityConformity Assessment Body
s.sch003 A conformity assessment body and its personnel must carry out... Regulated
  • Perform conformity assessments with integrity and technical competenceConformity Assessment Body
s.sch003 A conformity assessment body must be capable of carrying out... Regulated
  • Conformity assessment body must carry out notified activitiesConformity Assessment Body
s.sch003 A conformity assessment body must have at its disposal— Regulated
  • Have qualified staff and documented procedures for conformity assessmentConformity Assessment Body
s.sch004 A notified body must carry out conformity assessments in accordance... Regulated
  • Notified bodies must carry out conformity assessments per proceduresConformity Assessment Body
s.sch004 A notified body must inform the Secretary of State of—... Regulated
  • Notify Secretary of State of certificate changes, scope changes, enforcement requests, and activitiesConformity Assessment Body
s.sch004 A notified body must make provision in its contracts with... Regulated
  • Notified bodies must include appeal rights in client contractsConformity Assessment Body
s.sch004 A notified body must provide other bodies notified under the... Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must share negative and (on request) positive conformity resultsStatutory regulator
s.sch004 A notified body must participate in the work of any... Regulated
  • Participate in notified body coordination group workConformity Assessment Body
s.sch004 A notified body must carry out conformity assessments in a... Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must carry out conformity assessments proportionatelyStatutory regulator
s.sch004 A notified body must perform its activities taking due account... Regulated
  • Notified bodies must consider business size and product complexity in assessmentsConformity Assessment Body
s.sch004 A notified body must respect the degree of rigour and... Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must apply appropriate rigour and protection in explosives conformity assessmentsStatutory regulator
s.sch004 Where a notified body finds that essential safety requirements or... Regulated
Other duties (1) — Crown / regulator
  • Notified body must require corrective measures and withhold certification on non-complianceStatutory regulator
s.sch004 Where, in the course of the monitoring of conformity following... Regulated
Other duties (1) — Crown / regulator
  • Notified body must require corrective measures when explosive no longer conformsStatutory regulator
s.sch004 Where the notified body has required a manufacturer to take... Regulated
Other duties (1) — Crown / regulator
  • Notified body must suspend or withdraw certificates after failed corrective measuresStatutory regulator
s.sch004 Where this paragraph applies, the notified body must— Regulated
Other duties (1) — Crown / regulator
  • Notified body must follow due process before refusing, restricting, suspending or withdrawing a certificate of approvalStatutory regulator
32 other schedules
s.sch001 Each civil explosive must be designed, manufactured and supplied in...
s.sch001 Each civil explosive must attain the performance characteristics specified by...
s.sch001 Each civil explosive must be designed and manufactured in such...
s.sch001 As a minimum, the following information and properties – where...
s.sch001 The various groups of civil explosives must at least also...
s.sch001 (This Schedule reproduces, with minor modifications, the provision of Annex...
s.sch002 Enforcement powers, market surveillance and designation of market surveillance authority
s.sch002 EU safeguarding procedures
s.sch002 Enforcement action in respect of civil explosives which are in conformity, but present a risk
s.sch002 Enforcement action in respect of formal non-compliance
s.sch002 Restrictive measures
s.sch002 Compliance, withdrawal and recall notices
s.sch002 Compliance notice
s.sch002 Withdrawal notice
s.sch002 Compliance with a withdrawal or recall notice
s.sch002 Interpretation
s.sch002 In Northern Ireland, the Department is designated as the market...
s.sch002 Defence of due diligence
s.sch002 Service of documents
s.sch002 Action by enforcing authority
s.sch002 Appeals against notices
s.sch002 Appropriate court for appeals against notices
s.sch002 In its enforcement of Sub-Parts A and B of Part...
s.sch002 When enforcing Part 3, the enforcing authority must exercise its...
s.sch002 Subject to paragraph 7, and to the extent that they...
s.sch002 In relation to the enforcement of the provisions referred to...
s.sch002 (1) For the purposes of the enforcement of the provisions...
s.sch002 Evaluation of civil explosives presenting a risk
s.sch002 Enforcement action in respect of civil explosives which are not in conformity and which present a risk
s.sch003 The personnel responsible for carrying out conformity assessment activities must...
s.sch003 Paragraph 15 does not prevent the personnel from providing information...
s.sch004 Paragraph 9 applies where a notified body is minded to—...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.