S.I. No. 364/1997:

SALE OF EXPLOSIVES ORDER, 1997

SALE OF EXPLOSIVES ORDER, 1997

The Government, in exercise of the powers conferred on them by section 43 of the Explosives Act, 1875, as adapted, hereby order as follows:

1. This Order may be cited as the Sale of Explosives Order, 1997.

2. This Order shall come into operation on the first day of September, 1997.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. The Sale of Explosives Order, 1955 ( S.I. No. 43 of 1955 ), to the extent that it remained in force immediately before the commencement of this Order by virtue of regulation 13(2) of the European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) Regulations, 1995 ( S.I. No. 115 of 1995 ), is hereby revoked.

5. This Order applies only to substances which are deemed to be explosives within the meaning of the Explosives Act, 1875, by virtue of -

(i) the Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 ( S.I. No. 191 of 1972 );

(ii) the Explosives (Nitro-Benzene) Order, 1972 ( S.I. No. 233 of 1972 ); or

(iii) the Explosives (Potassium Nitrate and Sodium Nitrate) Order 1986 ( S.I. No. 273 of 1986 ).

6. No person shall sell any explosive to which this Order applies unless he or she complies with the following conditions:

( a ) the person shall satisfy himself or herself that the person desiring to purchase the explosive is in possession of a police certificate where such is required by an Order for the time being in force relating to the keeping of explosives, or that a certificate under this Order has been obtained and, in the case of a certificate under this Order, shall countersign it at the time of any sale to which it relates;

( b ) the person shall keep a record of the nature and quantity of explosives sold, the date of each transaction, and the name and address of the purchaser, and shall show such record to any inspector appointed under and for the purposes of the Explosives Act, 1875, a member of the Garda Síochána, or duly appointed officer of the local authority within the meaning of the Explosives Act, 1875, when called on to do so.

7. Where a Superintendent of the Garda Síochána is satisfied that explosives to which this Order applies are required for immediate use for industrial or agricultural purposes, he or she may issue a certificate to authorise the sale of such explosive for private use, and not for resale, to such person as may be named in the certificate and to such amount, exceeding 10 pounds in weight, as may be specified in the certificate.

8. A certificate under Article 7 may -

( a ) relate to a specific purchase or to a number of purchases, and

( b ) be limited to a specific period,

and shall be valid for that purchase or those purchases, and for any such period, only.

9. A certificate issued under Article 7 may be amended or revoked by notice in writing to the person to whom it was issued.

GIVEN under the Official Seal of the Government this 28th day of August, 1997.

Bertie Ahern

Taoiseach

EXPLANATORY NOTE

The substances to which this Order applies may NOT be sold unless the purchaser is in possession of the appropriate police certificate. The seller must record and retain the details of the sale.