Recall notice
- Comply with a recall notice for civil explosives
Northern Ireland Statutory Rule
2016
United Kingdom
The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016
At a glance
What's here
60 compliance obligations
Who this Act binds
Plus 10 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
A conformity assessment body must be established in the United...
- Conformity assessment body must be a UK-registered legal entity
A conformity assessment body must have the means necessary to...
- Have necessary means and equipment for conformity assessment
A conformity assessment body must be able to demonstrate the...
- Demonstrate impartiality of management and assessment staff
The remuneration of the top level management and the personnel...
- Don't link pay to assessment numbers or outcomes
A conformity assessment body must have, and must satisfy the...
- Have adequate civil liability insurance and prove it to the Secretary of State
A conformity assessment body must ensure that its personnel observe...
- Keep personnel information confidential and protect proprietary rights
A conformity assessment body must participate in, or ensure that...
- Participate in explosives standardisation activities and follow coordination group guidance
A conformity assessment body must be a third party body...
- Ensure your conformity assessment body is independent and third-party
(1) A conformity assessment body, its top level management and...
- Conformity assessment bodies must not have a commercial role in explosives
A conformity assessment body, its top level management and the...
- Do not get involved in explosives design, manufacture or maintenance if you are a conformity assessor
A conformity assessment body, its top level management and the...
- Avoid conflicts of interest as a conformity assessment body
A conformity assessment body must ensure that the activities of...
- Ensure subcontractors and subsidiaries do not compromise assessment integrity
A conformity assessment body and its personnel must carry out...
- Perform conformity assessments with integrity and technical competence
A conformity assessment body must be capable of carrying out...
- Conformity assessment body must carry out notified activities
A conformity assessment body must have at its disposal—
- Have qualified staff and documented procedures for conformity assessment
A notified body must carry out conformity assessments in accordance...
- Notified bodies must carry out conformity assessments per procedures
A notified body must inform the Secretary of State of—...
- Notify Secretary of State of certificate changes, scope changes, enforcement requests, and activities
A notified body must make provision in its contracts with...
- Notified bodies must include appeal rights in client contracts
A notified body must provide other bodies notified under the...
Other duties (1) — Crown / regulator
- Notified bodies must share negative and (on request) positive conformity results Statutory regulator
A notified body must participate in the work of any...
- Participate in notified body coordination group work
A notified body must carry out conformity assessments in a...
Other duties (1) — Crown / regulator
- Notified bodies must carry out conformity assessments proportionately Statutory regulator
A notified body must perform its activities taking due account...
- Notified bodies must consider business size and product complexity in assessments
A notified body must respect the degree of rigour and...
Other duties (1) — Crown / regulator
- Notified bodies must apply appropriate rigour and protection in explosives conformity assessments Statutory regulator
Where a notified body finds that essential safety requirements or...
Other duties (1) — Crown / regulator
- Notified body must require corrective measures and withhold certification on non-compliance Statutory regulator
Where, in the course of the monitoring of conformity following...
Other duties (1) — Crown / regulator
- Notified body must require corrective measures when explosive no longer conforms Statutory regulator
Where the notified body has required a manufacturer to take...
Other duties (1) — Crown / regulator
- Notified body must suspend or withdraw certificates after failed corrective measures Statutory regulator
Where this paragraph applies, the notified body must—
Other duties (1) — Crown / regulator
- Notified body must follow due process before refusing, restricting, suspending or withdrawing a certificate of approval Statutory regulator
Browse 32 other Schedules — structural / supplementary
Each civil explosive must be designed, manufactured and supplied in...
Each civil explosive must attain the performance characteristics specified by...
Each civil explosive must be designed and manufactured in such...
As a minimum, the following information and properties – where...
The various groups of civil explosives must at least also...
(This Schedule reproduces, with minor modifications, the provision of Annex...
Enforcement powers, market surveillance and designation of market surveillance authority
EU safeguarding procedures
Enforcement action in respect of civil explosives which are in conformity, but present a risk
Enforcement action in respect of formal non-compliance
Restrictive measures
Compliance, withdrawal and recall notices
Compliance notice
Withdrawal notice
Compliance with a withdrawal or recall notice
Interpretation
In Northern Ireland, the Department is designated as the market...
Defence of due diligence
Service of documents
Action by enforcing authority
Appeals against notices
Appropriate court for appeals against notices
In its enforcement of Sub-Parts A and B of Part...
When enforcing Part 3, the enforcing authority must exercise its...
Subject to paragraph 7, and to the extent that they...
In relation to the enforcement of the provisions referred to...
(1) For the purposes of the enforcement of the provisions...
Evaluation of civil explosives presenting a risk
Enforcement action in respect of civil explosives which are not in conformity and which present a risk
The personnel responsible for carrying out conformity assessment activities must...
Paragraph 15 does not prevent the personnel from providing information...
Paragraph 9 applies where a notified body is minded to—...
Authorisation to transfer civil explosives
- Obtain recipient approval before transferring civil explosives
Design and manufacture in accordance with essential safety requirements
- Design and manufacture civil explosives in line with safety requirements
Technical documentation and conformity assessment
- Obtain conformity assessment and technical documentation for civil explosives
EU declaration of conformity and CE marking
- Draw up EU declaration of conformity and affix CE marking for civil explosives
Retention of technical documentation and EU declaration of conformity
- Keep technical documentation for 10 years after placing on market
Compliance procedures for series production
- Put compliance procedures in place before selling series-made explosives
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)
- Label civil explosives with ID and contact details before sale
Instructions and safety information
- Provide instructions and safety information in English for civil explosives
Appointment of authorised representative by written mandate
- Appoint authorised representative and define their tasks in a written mandate
Prohibition on placing on the market civil explosives which are not in conformity
- Do not place civil explosives on the market unless they meet essential safety requirements
Requirements which must be satisfied before an importer places a civil explosive on the market
- Verify manufacturer's compliance before placing civil explosives on the market
Prohibition on placing on the market civil explosives considered not to be in conformity with the essential safety requirements
- Stop placing non-compliant civil explosives on the market
Information identifying importer
- Label imported civil explosives with your name and contact address
Instructions and safety information
- Provide instructions and safety information in English
Retention of technical documentation and EU declaration of conformity
- Keep EU declaration of conformity and technical documentation for 10 years
Duty to take action in respect of civil explosives placed on the market which are considered not to be in conformity
- Take corrective action if civil explosives may be non-conforming
Provision of information and cooperation
- Provide information and cooperate with the explosives authority
Duty to act with due care
- Act with due care to ensure civil explosives conformity
Requirements which must be satisfied before a distributor makes a civil explosive available on the market
- Verify civil explosives meet CE marking and documentation requirements before selling
Prohibition on making available on the market civil explosives considered not to be in conformity with the essential safety requirements
- Do not supply non-conforming civil explosives and report risks
Duty to take action in respect of civil explosives made available on the market which are not in conformity
- Take corrective action for non-conforming civil explosives and notify authorities of risks
Provision of information and cooperation
- Provide information and cooperate with competent authority on request
Storage and transport
- Ensure safe storage and transport of civil explosives
Translation of a declaration of conformity
- Ensure EU declaration of conformity is in English before selling civil explosives
Identification of economic operators
- Identify your suppliers and customers on request by the regulator
Prohibition on improper use of CE marking
- Do not misuse the CE marking on your civil explosives
Conformity assessment procedures
- Choose and follow an approved conformity assessment procedure for your civil explosives
CE marking
- Affix CE marking to civil explosives and include notified body number
Notification
Other duties (1) — Crown / regulator
- Secretary of State must notify qualifying conformity assessment bodies to EU and EEA Crown / Minister / Government department
Changes to notifications
Other duties (1) — Crown / regulator
- Secretary of State must restrict, suspend or withdraw non-compliant notified bodies Crown / Minister / Government department
Operational obligations of notified bodies
Other duties (1) — Crown / regulator
- Notified bodies must follow Schedule 4 when doing conformity assessments Statutory regulator
Subsidiaries and contractors
- Manage subcontractors and subsidiaries in conformity assessments
Browse 14 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation
Application
Cases in which obligations of manufacturers apply to importers and distributors
Presumption of conformity
EU declaration of conformity
Notified bodies
Presumption of conformity of notified bodies
Contents of notification
Monitoring
United Kingdom Accreditation Service
Enforcement in relation to Part 2 and Part 3, market surveillance and further matters
Transitional provisions
Revocation
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