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EXPLOSIVES ACT (NORTHERN IRELAND) 1970 - SECT 1

1.(1) Subject to subsections (3) and (4) and without prejudice to the
operation of the Explosives Acts (Northern Ireland) 1875 and 1924 (in this Act
referred to as "the principal Acts") or of any instrument made under those
Acts or of any other provision of this Act, a person shall not carry out, or
undertake to carry out, any of the following transactions, that is to say,
making, selling, purchasing, acquiring, transferring or disposing of, any
explosive unless

(a)there have been furnished in writing to an officer of police full and
accurate particulars of the proposed transaction and the consent in writing of
such an officer has been obtained to its being carried out; and

(b)in the case of a sale, acquisition, transfer or disposal, he keeps a
permanent record of all such transactions entered into by him and has entered
in that record the name, address and occupation of every person from whom he
has purchased or acquired any explosive and of every person to whom he has
sold, transferred or disposed of, any explosive together with the dates of
each such transaction and particulars of the quantity and nature of the
explosive to which it related.

(2) Any person carrying out any transaction mentioned in subsection (1) shall

(a)produce for inspection by, and make immediately available to, a member of
the Royal Ulster Constabulary or Government Inspector, on demand:

(i)the permanent record required to be kept under paragraph (b) of that
subsection; and

(ii)any explosive in his possession or under his control;

(b)retain, for a period of at least two years after first coming into his
possession, and, at any time during that period, produce and make available as
aforesaid, all invoices, consignment notes, receipts and consents respecting
every sale, purchase, acquisition, transfer or disposal of explosives to which
he is a party.

(3) Subsection (1)(a) shall not apply to

(a)a purchase, acquisition or transfer if the purchaser, acquirer or
transferee is the occupier of a licensed factory or a licensed magazine;

(b)a transaction carried out by or on behalf of a department of the Government
of Northern Ireland or a Government Inspector acting as such.

(4) Subsections (1) and (2) shall not apply to the armed forces of the Crown
or to any department of the Government of the United Kingdom or to the
Commissioners of Irish Lights or to any member of the Royal Ulster
Constabulary acting as such.

(5) It may, and shall where Explosives Regulations under section 3(3) so
provide, be made a condition of any consent issued under this section to the
purchase, acquisition or transfer of any explosive that that explosive shall
be used only for a purpose or in a manner or at a time or within a period or
in the presence of such persons as may be specified in the consent and, if not
used within any such period, shall be handed over to an officer of police for
destruction or returned to a licensed magazine or licensed store.

(6) Any person acting in contravention of any provision of this section or of
any condition of any consent issued under this section shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
three hundred pounds or to imprisonment for a term not exceeding six months or
to both such fine and imprisonment.

(7) In this section "officer of police" means an officer of the Royal Ulster
Constabulary not below the rank of Head Constable.

© 1970 Crown Copyright

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