Explosives (Jersey) Law 2014

Explosives (Jersey) Law 2014 Arrangement Article PART 1 5 Introductory provisions 5 1 Interpretation . 5 2 Meaning of “explosive” and related expressions . 8 3 Application of Law .. 9 4 Minister’s power to grant licences . 9 5 Reloading powder 10 6 Matters that the Minister must consider on applications for licences or certificates 10 7 Fees . 11 8 Duration of licences and certificates . 11 9 Minister’s powers of exemption . 11 10 Registers to be kept by certain licensees . 11 PART 2 12 the IMPORt OF EXPLOSIVES 12 11 Licence required for import of explosives . 12 12 Explosives to be imported by sea . 12 13 Consultation on import with Minister for Economic Development 12 14 Availability of storage facilities for imported explosives . 13 15 Details to be specified in import licence . 13 16 Duration of import licence . 13 17 Persons to be notified of grant of import licence . 13 18 Additional information about imported explosives . 13 PART 3 14 The MANUFACTURE OF EXPLOSIVES 14 19 Licence required for manufacture of explosives . 14 20 Availability of storage facilities for manufactured explosives . 14 21 Details to be specified in manufacturing licence . 14 22 Additional information about manufactured explosives . 14 PART 4 15 the STORAGE OF EXPLOSIVES 15 23 Licence required for storage of explosives . 15 24 Grant of magazine licence . 15 25 Details to be specified in magazine licence . 15 26 Additional information about storage . 16 PART 5 16 the USE OF EXPLOSIVES 16 27 Licence required for use of explosives . 16 28 Details to be specified in user’s licence . 16 29 Additional information about use of explosives . 16 PART 6 17 THE Transfer OF EXPLOSIVES 17 30 Licence required for transfer of explosives . 17 31 Details to be specified in transfer licence . 17 32 Additional information about transfer of explosives . 18 PART 7 18 the transporT OF EXPLOSIVES 18 33 Licence required for transport of explosives . 18 34 Details to be specified in conveyance licence . 19 35 Warning notices . 19 PART 8 19 the EXPORT OF EXPLOSIVES 19 36 Licence required for export of explosives . 19 37 Explosives to be exported by sea . 19 38 Explosives to be returned only to place of origin . 19 39 Consultation on export with Minister for Economic Development 20 40 Details to be specified in export licence . 20 41 Duration of export licence . 20 42 Persons to be notified of grant of export licence . 20 43 Additional information about exported explosives . 20 PART 9 21 fireworks 21 44 Regulations in respect of fireworks . 21 45 Restrictions on supply of fireworks to young persons . 21 46 Restrictions on occasions of supply and use of fireworks . 21 47 Prohibition of supply and possession of certain fireworks . 22 48 Public fireworks displays . 22 49 Licensing of suppliers . 23 50 Information about fireworks . 24 51 Training courses . 24 52 Offences against Fireworks Regulations . 24 53 Defence in respect of supply to young persons . 24 Part 10 25 Reviews 25 54 Variation of licence, certificate or exemption . 25 55 Revocation of licence, certificate or exemption . 25 56 Variation or surrender of licence or certificate . 26 PART 11 26 APPEALS 26 57 Rights of appeal 26 58 Time for appealing . 27 59 Effect of lodging appeal 27 60 Determination of appeal 27 PART 12 27 INSPECTION, ENTRY AND SEIZURE 27 61 Inspectors . 27 62 Assistants and equipment 27 63 Proof of authority . 28 64 Enforcement powers . 28 65 Warrants to enter and inspect premises . 30 66 Powers of inspector in respect of documents and information . 30 67 Surrender of explosives to inspector 31 68 Seizure of explosives . 31 69 Disposal of defective explosives in urgent cases . 31 70 Forfeiture of explosive . 32 71 Recovery of disposal costs . 32 72 Offences of obstruction of inspectors; failure to provide information . 32 part 13 33 general provisions 33 73 Approved codes of practice . 33 74 Orders . 33 75 Offences . 34 76 Breach of conditions . 35 77 False information . 35 78 Offences by bodies corporate etc. 35 79 Service of documents . 36 80 Relationship to other enactments . 37 81 Repeal and saving . 37 82 Citation and commencement 37 Explosives (Jersey) Law 2014 A LAW to revise the law relating to explosives; and for connected purposes. Adopted by the States 3rd July 2014 Sanctioned by Order of Her Majesty in Council 8th October 2014 Registered by the Royal Court 17th October 2014 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – PART 1 Introductory provisions 1 Interpretation In this Law, unless the context otherwise requires – “ acquire ” includes to purchase, to acquire by way of exchange and to acquire as a prize or as a gift; “ approved code of practice ” means a code of practice that is approved under Article 73 by the Minister; “ black powder ” means an intimate mixture of charcoal or other carbon with potassium nitrate or sodium nitrate (whether the mixture is with or without sulphur, and whether the mixture is in meal, granular, compressed or pelletized form), being an explosive substance allocated, in accordance with the United Nations Recommendations, the U.N. Serial Numbers 0027 or 0028; “ certificate ” means a certificate granted by the Minister under an Order made under Article 5(2); “ conveyance licence ” means a conveyance licence granted by the Minister under Article 4(1); “ defective ”, in relation to explosives, includes explosives which are defective by virtue of being time-expired, whether or not the explosives in question display any physical defect or any sign of deterioration; “ designated inspector ” means an inspector whom the Minister designates under Article 61(3); “ exemption ” means an exemption granted by the Minister under Article 9; “ export licence ” means an export licence granted by the Minister under Article 4(1); “ explosive ” has the meaning given by Article 2; “ fireworks ” means – (a) devices that are fireworks for the purposes of the British Standard Specification relating to fireworks published on 30th November 1988 (BS 7114) or any British Standard Specification replacing it; or (b) devices that would be fireworks for those purposes if they were intended as a form of entertainment; “ Fireworks Regulations ” means Regulations made under Article 44; “ harbour ” means a harbour as defined in Article 1 of the Harbours (Administration) (Jersey) Law 1961 [1] ; “ import licence ” means an import licence granted by the Minister under Article 4(1); “ inspector ” means a person who is appointed as an inspector under Article 61(1) or is an inspector by virtue of Article 61(2); “ licence ” means a conveyance licence, an export licence, an import licence, a magazine licence, a manufacturing licence, a transfer licence or a user’s licence, or a licence for which provision is made in Fireworks Regulations; “ licensed magazine ” means a place in respect of which a magazine licence is for the time being in force; “ magazine licence ” means a magazine licence granted by the Minister under Article 4(1); “ manufacture ” includes – (a) in respect of explosive articles, their repair, modification, disassembly or unmaking; and (b) in respect of explosive substances, their reprocessing, modification or adaptation, but does not include the packing, unpacking, re-packing, labelling or testing of explosives, and does not include the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers; “ manufacturing licence ” means a manufacturing licence granted by the Minister under Article 4(1); “ Minister ” means the Minister for Home Affairs; “ non-sensitized ” means giving a negative test result when subjected to Test Series 8 of the Manual of Tests and Criteria, 5th revised edition, supporting the United Nations Recommendations; “ officer of the Impôts ” has the same meaning as it has in the Customs and Excise (Jersey) Law 1999 [2] ; “ prescribed ” means prescribed by an Order made under this Law; “ public officer ” means a person in the service of the Crown, a States’ employee, any other person who is temporarily employed by an administration of the States of Jersey, an inspector or a police officer; “ public service vehicle ” has the same meaning as it has in the Motor Traffic (Jersey) Law 1935 [3] ; “ reloading powder ” means shooters’ powder that is intended for use for reloading purposes; “ shooters’ powder ” means – (a) black powder; (b) smokeless powder; or (c) any other substance or preparation based on potassium nitrate or nitro cellulose (whether in powder, granular or pelletised form) that is used, or is to be used, as a propellant; “ smokeless powder ” means an explosive substance allocated, in accordance with the United Nations Recommendations, the U.N. Serial Numbers 0160 or 0161; “ standard condition ” means a condition that is prescribed by an Order; “ States’ employee ” has the same meaning as it has in the Employment of States of Jersey Employees (Jersey) Law 2005 [4] ; “ store ” means to have in one’s possession otherwise than – (a) in the course of import, export or transport in accordance with (as the case may be) an import licence, export licence or conveyance licence; or (b) in the course of use in accordance with a user’s licence; “ substance ” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour; “ supply ” includes to sell and to transfer in any other manner, and also includes to offer to supply, to agree to supply, to supply by way of exchange and to supply as a prize or as a gift; but, in the case of fireworks, does not include supplying them otherwise in the course of a business; “ transfer licence ” means a transfer licence granted by the Minister under Article 4(1); “ U.N. Serial Number ” means a four-digit number devised by the United Nations as a means of identification of types of explosives in accordance with the United Nations Recommendations; “ United Nations Recommendations ” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods and considered by the Economic and Social Committee of Experts at its 23rd session (Resolution 645G (XXIII) of 26 April 1957)), as revised or reissued from time to time; “ use ”, in respect of an explosive, does not mean to import, manufacture, store, supply, move or export; “ user’s licence ” means a user’s licence granted by the Minister under Article 4(1); “ vessel ” means a vessel as defined in Article 1 of the Harbours (Administration) (Jersey) Law 1961 [5] . 2 Meaning of “explosive” and related expressions (1) In this Law, unless the context otherwise requires, expressions defined in this Article have the meanings given to them in this Article. (2) “Explosive” means – (a) an explosive article or explosive substance, that would, if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; (b) an explosive article, or explosive substance, that would be classified in accordance with the United Nations Recommendations as being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and also as falling within Class 1; (c) a desensitized explosive; (d) fireworks; and (e) anything designated as such by an Order under paragraph (9). (3) However, “explosive” does not include an explosive substance produced as part of a manufacturing process that thereafter reprocesses it in order to produce a substance or preparation that is not an explosive substance. (4) “Explosive article” means an article containing one or more explosive substances. (5) “Explosive substance” means a substance or preparation that – (a) is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or (b) is designed to produce an effect by heat, light, sound, gas or smoke, or by a combination of them, as a result of a non-detonative, self-sustaining, exothermic chemical reaction. (6) However, “explosive substance” does not mean a substance, or preparation, in a solely gaseous form or in the form of vapour. (7) “Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations. (8) “Desensitized explosive” means – (a) a solid explosive substance that has been wetted with water or alcohol or diluted with one or more other substances; or (b) a liquid explosive substance that has been dissolved or suspended in water or one or more other substances, to form a homogeneous mixture so as to suppress its explosive properties and that, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1. (9) Without derogation from the preceding provisions of this Article, the Minister may by Order designate any article, substance or preparation as an explosive for the purposes of this Law, and may do so generally or particularly and for all purposes or for such purposes as may be specified in the Order. 3 Application of Law (1) Parts 2, 3, 4, 5, 6, 7 and 8 shall apply to fireworks if and to the extent that the States, by Fireworks Regulations, apply them. (2) Except as provided in paragraph (1), Parts 2 to 8 shall not apply to fireworks. (3) This Law shall not apply to ammunition as defined in Article 1(1) of the Firearms (Jersey) Law 2000 [6] and to which that Law applies. 4 Minister’s power to grant licences (1) The Minister may, on an application duly made by a person who has attained the age of 18 years, grant to the person a licence of any of the following categories – (a) an import licence; (b) a manufacturing licence; (c) a magazine licence; (d) a user’s licence; (e) a transfer licence; (f) a conveyance licence; and (g) an export licence. (2) If a form of application is prescribed or approved by the Minister, the application shall be in that form. (3) The grant of a licence under this Article may be made on such terms and conditions as the Minister may specify. (4) A licence granted on or subject to any terms or conditions – (a) whether imposed under this Article, or prescribed by Order under Article 74(1)(e) or otherwise prescribed or specified under this Law; and (b) whether in general or standard form, or as to that licence in particular, shall contain a statement of those terms and conditions. 5 Reloading powder (1) The Minister may by Order authorize, without the making of an application, the storage and use by any person who has attained the age of 17 years of a specified amount of reloading powder not exceeding 4 kg. (2) The Minister may by Order – (a) provide that a person who has attained the age of 17 years may apply to the Minister for a certificate in writing authorizing the person to store and use, for any of the purposes specified in paragraph (3), a specified amount of reloading powder exceeding 4 kg; and (b) provide that applications shall be made in a form prescribed or approved by the Minister. (3) The purposes to which paragraph (2) refers are – (a) an historical re-enactment; (b) a public display; and (c) any other public purpose that the Minister specifies in the Order. (4) An authorization in an Order made under this Article shall be subject to such conditions (if any) as the Minister may specify in the Order. (5) In granting a certificate under an Order made under paragraph (2), the Minster may specify (in addition to such standard conditions, if any, as apply in respect of the certificate) other conditions to which the authorization shall be subject. 6 Matters that the Minister must consider on applications for licences or certificates (1) In considering whether or not to grant an application for a licence or certificate, the Minister shall have regard first to the need to ensure public safety. (2) The Minister shall also have regard to – (a) the fitness and competence of the applicant to hold the licence or certificate for which the application is made; (b) the purpose for which the applicant seeks the licence or certificate; and (c) each other matter to which the Minister is required by this Law or by Fireworks Regulations to have regard, in respect of a particular category of licence or certificate. (3) If the Minister refuses to grant an application for a licence or certificate, or grants it subject to any condition other than a standard condition, the Minister shall state his or her reasons in writing. 7 Fees If there is a prescribed fee for an application to the Minister under this Law, or under Fireworks Regulations – (a) the fee is payable when the application is lodged; and (b) the Minister may refuse to consider the application until the fee is paid. 8 Duration of licences and certificates (1) If a licence or certificate specifies a date of expiry, it expires at the end of that day. (2) If a licence or certificate does not specify a date of expiry, it expires at the end of 31st December in the year in which it is granted. 9 Minister’s powers of exemption (1) If the Minister is satisfied that, having regard to the nature of the kind of explosive specified – (a) the granting of an exemption will not endanger public safety; and (b) the kind of explosive specified can be adequately regulated for the purposes of this Law by the granting of an exemption on such conditions (if any) as the Minister may specify in the Order, the Minister may by Order exempt explosives of a specified kind from any requirement imposed by or under this Law. (2) An exemption in an Order made under this Article shall be subject to such conditions (if any) as the Minister may specify in the Order. (3) If the Minister is satisfied that to do so is – (a) in the interests of public safety; or (b) otherwise in the public interest for any other reason, the Minister may in writing exempt a named person who has attained the age of 18 years from any requirement of this Law, or of Fireworks Regulations, for or in respect of a licence or certificate. (4) In exercising the discretion conferred by paragraph (3), the Minister shall have regard to the considerations that would apply under paragraphs (1) and (2) of Article 6 if the person were an applicant for the licence or certificate. (5) An exemption under paragraph (3) shall be subject to such conditions (if any) as the Minister may specify in the instrument making the exemption. 10 Registers to be kept by certain licensees (1) The holder of an import licence, manufacturing licence, magazine licence, user’s licence, transfer licence, conveyance licence or export licence shall maintain a register in accordance with this Article. (2) If a form of register is prescribed, the licensee shall maintain it in that form. (3) If a form of register is not prescribed, the Minister shall approve and publish the form, and the licensee shall maintain it in that form. (4) The register shall state – (a) the name and address of each licensee; (b) the date of each licence; (c) such other details as this Law, or Fireworks Regulations, require to be stated in the register; (d) such other details as may be specified in the prescribed or approved form of register; and (e) such other details as are specified – (i) in relation to an import licence, by Article 18, (ii) in relation to a manufacturing licence, by Article 22, (iii) in relation to a storage licence, by Article 26, (iv) in relation to a user’s licence, by Article 29, (v) in relation to a transfer licence, by Article 32, (vi) in relation to an export licence, by Article 43. (5) The holder of a magazine licence shall maintain a separate register in respect of each magazine at which he or she is authorized by the licence to store explosives. (6) A register shall not be kept at or in a magazine. PART 2 the IMPORt OF EXPLOSIVES 11 Licence required for import of explosives No person shall import an explosive into Jersey except in accordance with an import licence granted to the person by the Minister. 12 Explosives to be imported by sea No person shall import an explosive into Jersey except by sea. 13 Consultation on import with Minister for Economic Development Before granting an import licence, the Minister shall consult with the Minister for Economic Development to ensure that adequate arrangements have been made in respect of the unloading and landing of the explosive that is to be imported. 14 Availability of storage facilities for imported explosives The Minister shall not grant an application for an import licence unless he or she is satisfied that, after the explosive in respect of which it is made is imported and while the explosive remains in the possession of the applicant, it will be stored in an adequate and appropriate facility. 15 Details to be specified in import licence (1) An import licence shall specify – (a) the name of the person who is licensed to import the explosive in respect of which it is granted; (b) the descriptions and quantities of the explosives that the licensee may import; (c) the permitted date of import; and (d) such other details as may be prescribed. (2) A permitted date of import may be expressed either as a specific date, or as any date falling within a period specified in the import licence. 16 Duration of import licence An import licence does not authorize the import on more than one occasion of the explosive in respect of which it is granted. 17 Persons to be notified of grant of import licence Where the Minister grants an import licence to an applicant, the Minister shall send copies of the licence to the following persons – (a) the Harbour Master; and (b) the Agent of the Impôts. 18 Additional information about imported explosives The licensee under an import licence shall, in respect of that licence, enter in the register – (a) the descriptions and quantities of explosives that the licensee imports into Jersey under the licence; (b) the date on which the licensee imports the explosives into Jersey and the place at which the explosives are stored; (c) the descriptions and quantities of such of those explosives as the licensee subsequently supplies to another person; (d) the name and address of the other person, and the dates on which the licensee supplies the explosives to that person; and (e) such other details as may be prescribed by Order. PART 3 The MANUFACTURE OF EXPLOSIVES 19 Licence required for manufacture of explosives No person shall manufacture an explosive except in accordance with a manufacturing licence granted to the person by the Minister. 20 Availability of storage facilities for manufactured explosives The Minister shall not grant an application for a manufacturing licence unless satisfied that while the explosive remains in the possession of the applicant, it will be stored in an adequate and appropriate facility. 21 Details to be specified in manufacturing licence A manufacturing licence shall specify – (a) the name of the person who is licensed to manufacture the explosive in respect of which it is granted; (b) the descriptions and quantities of explosive that the licensee may manufacture, and the purposes for which they may be manufactured; (c) the places at which the licensee may manufacture them, and the periods during which he or she may manufacture them; and (d) such other details as may be prescribed. 22 Additional information about manufactured explosives The licensee under a manufacturing licence shall, in respect of that licence, enter in the register – (a) the descriptions and quantities of explosive manufactured under the licence, and the purposes for which they are manufactured; (b) the places at which the licensee manufactures the explosive, and the dates on which he or she does so; (c) the descriptions and quantities of such explosive as the licensee may subsequently supply to another person; (d) the name and address of that other person, and the dates on which the licensee supplies the explosive to that person; and (e) such other details as may be prescribed. PART 4 the STORAGE OF EXPLOSIVES 23 Licence required for storage of explosives (1) No person shall store an explosive except in a magazine licensed for that purpose. (2) No person shall store an explosive in a licensed magazine except in accordance with the terms of the licence granted to the person in respect of that magazine by the Minister. (3) This Article does not apply to – (a) a public officer who is authorized in writing for the purposes of this Article by the Minister, and is acting in the course of the officer’s duty; (b) the storage of reloading powder in accordance with an Order made under Article 5(1); or (c) the storage of reloading powder in accordance with a certificate granted by the Minister under an Order made under Article 5(2). 24 Grant of magazine licence (1) The Minister shall not grant an application for a magazine licence unless satisfied that the facility at which the explosive is stored will be adequate and appropriate for its storage. (2) The Minister shall, before deciding whether to grant an application for a magazine licence, consult the Connétable of the parish in which the magazine is or would be located. (3) The Minister, when granting an application for a magazine licence, shall send a copy of the licence to the Connétable of the parish in which the magazine is or would be located. 25 Details to be specified in magazine licence A magazine licence shall specify – (a) the name of the person who is licensed to store the explosive in respect of which it is granted; (b) the descriptions and quantities of, and the purposes for which, the explosive may be stored; (c) the places at and the periods for which the licensee may store the explosive; and (d) such other details as may be prescribed. 26 Additional information about storage The licensee under a magazine licence shall, in respect of that licence, enter in the register – (a) the descriptions and quantities of explosive stored under the licence, and the purposes for which they are stored; (b) the places at which the licensee stores the explosive, and the dates on which explosive is put into storage at those places; (c) the descriptions and quantities of such explosive as the licensee may subsequently supply to another person; (d) the name and address of that other person, and the dates on which the licensee supplies the explosive to that person; (e) such other details as may be prescribed. PART 5 the USE OF EXPLOSIVES 27 Licence required for use of explosives (1) No person shall use an explosive for any purpose except in accordance with a user’s licence granted to the person by the Minister. (2) Paragraph (1) does not apply to the use of reloading powder – (a) in accordance with an Order made under Article 5(1); (b) in accordance with a certificate granted by the Minister under an Order made under Article 5(2). 28 Details to be specified in user’s licence A user’s licence shall specify – (a) the name of the person who is licensed to use the explosive in respect of which it is granted; (b) the descriptions and quantities of the explosive which the licensee may use; (c) the purposes for which the licensee may use the explosive; (d) the places at which, and the dates on or between which, the licensee may use the explosive; and (e) such other details as may be prescribed. 29 Additional information about use of explosives The holder of a user’s licence shall enter in the register in respect of the licence – (a) the descriptions and quantities of explosive which the licensee uses under the licence; and (b) such other details as may be prescribed. PART 6 THE Transfer OF EXPLOSIVES 30 Licence required for transfer of explosives (1) No person shall supply any explosive to another person (“the recipient”) unless the recipient holds a transfer licence granted to the recipient by the Minister. (2) No recipient shall – (a) receive any explosive from another person; or (b) obtain possession of any explosive, except in accordance with a transfer licence granted to the recipient by the Minister. (3) Paragraphs (1) and (2) do not apply to – (a) the delivery of any explosive to, or to possession of any explosive by, an inspector; (b) the supply of any explosive to, or possession of any explosive by, an importer in accordance with an import licence; or (c) the possession of any explosive by an exporter in accordance with an export licence. (4) Paragraphs (1) and (2) do not apply to – (a) the supply of reloading powder to a person who is authorized by an Order made under Article 5(1) to store and use such powder; or (b) the supply of reloading powder to a person who is authorized by a certificate granted by the Minister under an Order made under Article 5(2) to store and use such powder, if the amount supplied on any one occasion does not exceed the amount specified on the face of the authorization. (5) Paragraphs (1) and (2) do not apply to the receipt or possession by a person of an amount of reloading powder which he or she is authorized to store and use by – (a) an Order made under Article 5(1); or (b) a certificate granted by the Minister under an Order made under Article 5(2). 31 Details to be specified in transfer licence A transfer licence shall specify – (a) the name of the person who is licensed to acquire the explosives in respect of which it is granted; (b) the descriptions and quantities of the explosives that the licensee may acquire; (c) the name and address of the person by whom the explosives may be supplied to the licensee; and (d) such other details as may be prescribed. 32 Additional information about transfer of explosives The holder of a transfer licence shall enter in the register in respect of the licence – (a) the descriptions and quantities of the explosives that the licensee acquires from another person under the licence; (b) the name and address of the person from whom the licensee acquires the explosives, and the date on which the licensee acquires them; and (c) such other details as may be prescribed. PART 7 the transporT OF EXPLOSIVES 33 Licence required for transport of explosives (1) No person shall transport an explosive, in or through any place to which the public has access, except in accordance with a conveyance licence granted to the person by the Minister. (2) Paragraph (1) does not apply to a public officer who is authorized in writing for the purposes of this Article by the Minister, and is acting in the course of the officer’s duty. (3) Paragraph (1) does not apply to the transport of reloading powder that the person is authorized to store and use – (a) by an Order made under Article 5(1); or (b) by a certificate granted by the Minister under an Order made under Article 5(2), if the person complies with the conditions (if any) of the authorization relating to its transport. (4) No person shall transport an explosive on any public service vehicle. (5) Where the Minister grants a conveyance licence to an applicant, the Minister shall send copies of the licence to the following persons – (a) the Harbour Master; (b) the Chief Fire Officer of the Fire and Rescue Service; (c) the Chief Officer of the States of Jersey Police Force; and (d) the Connétable of any Parish in or through which the explosive is to be transported pursuant to the licence. 34 Details to be specified in conveyance licence A conveyance licence shall specify – (a) the name of the person who is licensed to transport the explosives in respect of which it is granted; (b) the descriptions and quantities of explosive that the licensee may transport; (c) the places between which the licensee may transport the explosives, and the routes that he or she shall take in transporting the explosives between those places; (d) the dates and times between which the licensee may transport the explosives; and (e) such other details as may be prescribed. 35 Warning notices A person who is transporting an explosive (other than reloading powder in an amount not exceeding 4 kg) on a vehicle in or through any place to which the public has access shall display a sign warning, in the prescribed form and in the prescribed manner, that there is an explosive on the vehicle. PART 8 the EXPORT OF EXPLOSIVES 36 Licence required for export of explosives No person shall export an explosive from Jersey except in accordance with an export licence granted to the person by the Minister. 37 Explosives to be exported by sea No person shall export an explosive from Jersey except by sea. 38 Explosives to be returned only to place of origin (1) Subject to paragraphs (2) and (3), if an explosive has been imported into Jersey, the only export licence which may be granted by the Minister is a licence authorizing the export of the explosive from Jersey to the source and point of origin of the explosive in its country of origin (“place of origin”). (2) If the Minister considers that there are special circumstances, the Minister may grant an export licence authorizing the export of an explosive to a destination other than the place of origin, but in so doing the Minister must state in writing the circumstances and reasons for considering them to be special. (3) The restriction in paragraph (1) shall not apply in relation to explosives which are fireworks, in the case of which the Minister may grant an export licence authorizing export from Jersey to any or all of the other Channel Islands. 39 Consultation on export with Minister for Economic Development Before granting an export licence, the Minister shall consult with the Minister for Economic Development to ensure that adequate arrangements have been made in respect of the loading and shipping of the explosives that are to be exported. 40 Details to be specified in export licence (1) An export licence shall specify – (a) the name of the person who is licensed to export the explosives in respect of which it is granted; (b) the descriptions and quantities of the explosives that the licensee may export; (c) the permitted date of export; (d) the place to which the licensee may export the explosives; (e) the name and address of the consignee; and (f) such other details as may be prescribed. (2) A permitted date of export may be expressed either as a specific date, or as any date falling within a period specified in the export licence. 41 Duration of export licence An export licence does not authorize the export on more than one occasion of the explosives in respect of which it is granted. 42 Persons to be notified of grant of export licence Where the Minister grants an export licence to an applicant, the Minister shall send copies of the licence to – (a) the Harbour Master; and (b) the Agent of the Impôts. 43 Additional information about exported explosives The holder of an export licence shall enter in the register in respect of the licence – (a) the descriptions and quantities of the explosives that the licensee exports from Jersey under the licence; (b) the date on which the licensee exports the explosives from Jersey; (c) the place to which the licensee exports the explosives; (d) the name and address of the consignee; and (e) such other details as may be prescribed. PART 9 fireworks 44 Regulations in respect of fireworks (1) The States may by Regulations apply in respect of fireworks, with such modifications (if any) as the Regulations specify, any of the provisions of Parts 2, 3, 4, 5, 6, 7 and 8. (2) The States may by Regulations make provision for securing that the risk that the use of fireworks will have any of the consequences specified in paragraph (3) is the minimum risk compatible with their being used. (3) The consequences to which paragraph (2) refers are – (a) death of persons or injury, alarm, distress or anxiety to persons; (b) death of animals or injury or distress to animals; and (c) destruction of or damage to property. (4) If Fireworks Regulations impose any prohibition or requirement, they may contain – (a) exceptions from the prohibition or requirement; or (b) provision for the granting of dispensations from the prohibition or requirement. (5) Fireworks Regulations may make any incidental, supplementary, consequential and transitional provision. (6) Articles 45 to 51 do not limit this Article. 45 Restrictions on supply of fireworks to young persons (1) Fireworks Regulations may include provision prohibiting persons from supplying fireworks to persons who have not attained the age of 18 years. (2) Fireworks Regulations may include provision prohibiting the acquiring or possession of fireworks by persons who have not attained the age of 18 years. 46 Restrictions on occasions of supply and use of fireworks (1) Fireworks Regulations may include provision prohibiting persons from supplying, acquiring, possessing or using fireworks of any description specified in the Regulations except during hours and days so specified. (2) Fireworks Regulations may include provision prohibiting persons from supplying, exposing for supply, acquiring, possessing or using fireworks of a description specified in the Regulations – (a) in places of a description specified in the Regulations; or (b) in circumstances specified in the Regulations. 47 Prohibition of supply and possession of certain fireworks (1) Fireworks Regulations may include provision – (a) prohibiting persons from supplying fireworks of any description specified in the Regulations; or (b) prohibiting persons from supplying fireworks of any description specified in the Regulations to persons of any description so specified. (2) Fireworks Regulations may include provision – (a) prohibiting the acquiring or possession of fireworks of a description specified in the Regulations; or (b) prohibiting the acquiring or possession of fireworks of a description specified in the Regulations, by persons of a description so specified. (3) The descriptions of persons that may be specified in Fireworks Regulations by virtue of either of paragraphs (1) and (2) include persons who do not satisfy conditions specified in the Regulations but who comply with any of the requirements specified in paragraph (4). (4) The requirements to which paragraph (3) refers are – (a) satisfactory completion of a course of training relating to fireworks and the means of proving the satisfactory completion of such a course; (b) proficiency or experience in the use of fireworks and the means of proving such proficiency or experience; and (c) possession of insurance cover against liability arising from the use of fireworks and the means of proving possession of such cover. 48 Public fireworks displays (1) Fireworks Regulations may include provision – (a) requiring persons who propose to operate a public fireworks display of a description specified in the Regulations to make application, in accordance with any provisions which may be made for that purpose by the Regulations, for a licence to do so (a “display licence”) from the Connétable of the Parish in which it is proposed to operate such a display; (b) providing that a Connétable may, on an application duly made for the purpose, grant or refuse a display licence; (c) as to further additional terms and conditions which may be imposed in, or in relation to, the grant of a display licence; and (d) as to any appeal from a decision of a Connétable to grant or refuse a display licence. (2) Fireworks Regulations may include provision prohibiting persons from operating a public fireworks display of a description specified in the Regulations unless – (a) notice of the display has been given in accordance with the Regulations to any authority to which the Regulations require it to be given; (b) any other information relating to the display that is required by the Regulations to be given to any authority has been so given; (c) any fee imposed by any authority in accordance with the Regulations has been paid; or (d) such other conditions relating to the holding of public fireworks displays as are specified in the Regulations have been complied with. (3) Fireworks Regulations may include provision prohibiting persons from operating public fireworks displays of a description specified in the Regulations unless such persons satisfy – (a) any conditions that are specified in the Regulations, and relate to the satisfactory completion of courses of training relating to fireworks and to the means of proving the satisfactory completion of such courses; or (b) any other conditions that are so specified. (4) Fireworks Regulations may include provision prohibiting persons from operating, or assisting in the operation of, public fireworks displays if they have not attained the age of 18 years. (5) In this Article, “public fireworks display” means a fireworks display at which the public, or any section of the public, are present (whether or not they have paid to be present). 49 Licensing of suppliers (1) Fireworks Regulations may include provision prohibiting persons of any description specified in the Regulations from supplying, exposing for supply or possessing for supply any fireworks of a description so specified, unless – (a) they are licensed by the relevant Connétable, in accordance with the Regulations; and (b) the fireworks are supplied, exposed for supply or kept at premises that are so licensed. (2) The provision that may be contained in Fireworks Regulations by virtue of paragraph (1) includes provision that a person may not be licensed unless any conditions that are specified in the Regulations are satisfied by the person or his employees, or both. (3) The conditions to which paragraph (2) refers may include conditions relating to the satisfactory completion of courses, of training about fireworks and the means of proving the satisfactory completion of such courses. 50 Information about fireworks (1) Fireworks Regulations may include provision for securing that appropriate information is given in relation to fireworks of any description specified in the Regulations. (2) The provision that may be made by virtue of paragraph (1) includes (but is not limited to) provision – (a) requiring that marks, warnings or instructions relating to the fireworks be put on to or accompany the fireworks; or (b) requiring that information specified in the Regulations be given to any person so specified. (3) If Fireworks Regulations impose any requirement by virtue of this Article, they may contain provision requiring the keeping of records by any person to whom information is given under the Regulations. 51 Training courses If Fireworks Regulations specify conditions relating to the satisfactory completion of courses of training about fireworks, they may make provision for such courses to be provided by – (a) the Minister; (b) bodies established or recognized by the Minister; or (c) persons holding qualifications recognized by the Minister. 52 Offences against Fireworks Regulations Fireworks Regulations may provide – (a) that a person who contravenes a particular provision of such Regulations shall be guilty of an offence; and (b) that a person who is guilty of such an offence shall be liable to a specified penalty not exceeding in any case imprisonment for a term of 2 years and a fine. 53 Defence in respect of supply to young persons In proceedings against any person for an offence of contravening a prohibition imposed by Fireworks Regulations by virtue of Article 45(1), it is a defence for that person to show that all reasonable steps were taken, and all due diligence exercised, to establish that the person to whom the fireworks were supplied was not below the age specified in the offence. Part 10 Reviews 54 Variation of licence, certificate or exemption (1) The Minister may vary a licence, certificate or exemption – (a) on the application of the holder; or (b) on the Minister’s own behalf. (2) Where the Minister proposes on his or her own behalf to vary a licence, certificate or exemption under this Article, the Minister shall serve a notice in writing on the holder. (3) The notice shall specify the proposed variation, and inform the holder that he or she may make representations in writing to the Minister in respect of the proposal within 21 days after the notice is served on the holder. (4) In determining whether or not to proceed with the proposal, the Minister shall consider all representations so made. (5) The Minister need not comply with paragraphs (2), (3) and (4) if the Minister considers that – (a) in the interests of public safety; or (b) in the public interest for any other reason, the variation should have effect immediately. (6) A variation shall not take effect before notice in writing of the Minister’s decision is served on the holder. (7) A variation shall take effect when notice in writing of the Minister’s decision is served on the holder, if the Minister does not specify a later date. (8) If the Minister does specify a later date, the variation shall take effect on that date. (9) If the Minister – (a) refuses to grant an application for the variation of a licence or certificate; or (b) on his or her own behalf varies a licence or certificate, the Minister shall state in writing the reasons for doing so. 55 Revocation of licence, certificate or exemption (1) The Minister may revoke a licence, certificate or exemption – (a) on the application of the holder; or (b) on the Minister’s own behalf. (2) Where the Minister proposes on his or her own behalf to revoke a licence or certificate, the Minister shall serve a notice in writing on the holder. (3) The notice shall inform the holder of the proposal that he or she may make representations in writing to the Minister in respect of the proposal within 21 days after the notice is served on the holder. (4) In determining whether or not to proceed with the proposal, the Minister shall consider all representations so made. (5) The Minister need not comply with paragraphs (2), (3) and (4) if the Minister considers that – (a) in the interests of public safety; or (b) in the public interest for any other reason, the revocation should have effect immediately. (6) A revocation shall not take effect before notice in writing of the Minister’s decision is served on the holder. (7) A revocation shall take effect when notice in writing of the Minister’s decision is served on the holder, if the Minister does not specify a later date. (8) Where the Minister does specify a later date, the revocation shall take effect on that date. (9) If the Minister on his or her own behalf revokes a licence or certificate, the Minister shall state in writing the reasons for doing so. 56 Variation or surrender of licence or certificate (1) Within 7 days from the date on which the holder is served with notice in writing of the Minister’s decision to vary a licence or certificate under Article 54, the holder shall deliver the licence or certificate to the Minister for the purpose of recording the variation. (2) Within 7 days from the date on which the holder is served with notice in writing of the Minister’s decision to revoke a licence or certificate under Article 55, the holder shall surrender the licence or certificate to the Minister. PART 1 1 APPEALS 57 Rights of appeal The following persons shall have a right of appeal to the Royal Court – (a) an applicant for a licence or certificate, against the refusal of the application; (b) an applicant for a licence or certificate, against a condition (other than a standard condition) imposed by the Minister in granting the application; (c) a holder of a licence or certificate, against the refusal of an application to vary it; (d) a holder of a licence or certificate, against its variation by the Minister on the Minister’s own behalf;

and (e) a holder of a licence or certificate, against its revocation by the Minister on the Minister’s own behalf. 58 Time for appealing (1) An appeal may be brought within 21 days after the appellant receives a written copy of the decision to which it relates. (2) The Royal Court may in any particular case extend the period in which an appeal may be brought. 59 Effect of lodging appeal Unless the Royal Court so orders, the lodging of an appeal shall not operate to stay the effect, pending the determination of the appeal, of the decision to which the appeal relates. 60 Determination of appeal (1) On hearing the appeal, the Royal Court – (a) may confirm, reverse or vary the decision to which the appeal relates; and (b) may make such order as to the costs of the appeal as it thinks fit. (2) The decision of the Royal Court shall be final. PART 12 INSPECTION, ENTRY AND SEIZURE 61 Inspectors (1) The Minister may in writing appoint persons as inspectors for the purposes of this Law and of Fireworks Regulations. (2) Each officer of the Impôts is, within a harbour or airport, an inspector for the purposes of this Law and of Fireworks Regulations. (3) The Minister may in writing designate any inspector for the purposes of Articles 67, 68 and 69. 62 Assistants and equipment (1) In the exercise of his or her powers under this Law, an inspector may be accompanied by – (a) such other persons, as assistants; and (b) such motor vehicles, equipment and materials, as are reasonably necessary for the purpose. (2) If an inspector is accompanied by another person under paragraph (1), that other person may exercise any of the inspector’s powers under this Law – (a) in the capacity of the inspector’s assistant; (b) under the inspector’s supervision, and for the purpose for which the power is to be exercised on that occasion. 63 Proof of authority (1) An inspector who is seeking to exercise or is exercising his or her powers under this Law or under Fireworks Regulations shall, if so requested, produce to a person affected – (a) where the inspector is appointed in writing by the Minister, a copy of the appointment; (b) where the inspector is an officer of the Impôts, his warrant card or some other proof of his or her appointment; (c) where the inspector is designated in writing for the purposes of Article 67, 68 or 69 by the Minister, a copy of the designation; and (d) where the inspector is acting under the authority of a warrant issued under Article 65, the warrant. (2) The inspector shall also, if so requested, state – (a) his or her name; and (b) the power that he or she proposes to exercise or is exercising, and the purpose of its exercise. (3) The inspector need not comply with the requirement to disclose the purpose if he or she reasonably believes that to do so would defeat that purpose. (4) In this Article, “a person affected” means a person against whom the inspector’s power is sought to be exercised, or is exercised, or who would be adversely affected by its exercise. 64 Enforcement powers (1) Except as specified in paragraphs (2) and (3), the powers conferred by this Article (“enforcement powers”) shall be exercised only under the authority of and in accordance with a warrant issued under Article 65. (2) An enforcement power is exercisable without a warrant in an emergency, if the inspector who exercises it reasonably believes – (a) that it is necessary to do so to deal with a situation involving harm, or the risk of harm, to any person or property; and (b) that there is insufficient time to obtain a warrant. (3) Where an inspector has entered any magazine or other premises – (a) with the consent of the appropriate person or of the holder of any licence, certificate or exemption granted under this Law in respect of those premises; or (b) under a power of entry conferred by Fireworks Regulations, the inspector may do any of the things listed in paragraph (6) without a warrant, and in such a case paragraphs (8) to (10) shall also apply. (4) An inspector may, for any purpose that is reasonably necessary for the enforcement of this Law, enter and inspect any premises, vehicle, vessel, hovercraft or aircraft to which a licence, certificate or exemption relates. (5) An inspector may, for any purpose that is reasonably necessary for the enforcement of this Law, enter and inspect any premises, vehicle, vessel, hovercraft or aircraft on or in which the inspector has reasonable cause to believe – (a) that there is an explosive; or (b) that an explosive has been or is about to be used. (6) The power to inspect includes (but is not limited to) power to do any of the following things for the purpose of the inspection – (a) to open any container; (b) to take a measurement or carry out a test; (c) to obtain, for analysis, a sample of any substance, article or other thing found on or in the premises, vehicle, vessel, hovercraft or aircraft and, if necessary for the purpose of analysis, to take the sample away; (d) to inspect any document or record; (e) to make a copy of the document or record and, if it is necessary to remove it for that purpose, to take it away temporarily to do so. (7) In an emergency, if an inspector reasonably believes that he or she will be unable to exercise an enforcement power otherwise than by force, the inspector may use reasonable force to do so. (8) If it is practicable to do so, an inspector who obtains a sample shall give to the appropriate person a portion of the sample, marked in a manner sufficient to identify it. (9) An inspector who takes away a sample, document or record shall give a receipt for it in writing to the appropriate person. (10) An inspector who has exercised an enforcement power – (a) shall make a record in writing of doing so; and (b) if so requested by the appropriate person, give that person as soon as reasonably practicable and in any event within 21 days after the request a copy of the record. (11) In this Article “the appropriate person” means the owner, occupier, driver, master, commander or person in charge (as the case may be) of the premises, vehicle, vessel, hovercraft or aircraft. 65 Warrants to enter and inspect premises (1) An inspector may apply to the Bailiff or a Jurat for a warrant authorizing the inspector to exercise an enforcement power under Article 64. (2) If, on an application under paragraph (1), the Bailiff or Jurat is satisfied that the intended exercise of the power is for a purpose that is reasonably necessary for the enforcement of this Law, he or she may issue a warrant authorizing the inspector to exercise the power. (3) The warrant shall specify the purpose for which the power may be exercised, and may limit that purpose and the extent to which the power may be exercised. (4) If the Bailiff or Jurat is satisfied that it is probable that the inspector will be unable to exercise the power otherwise than by force, the warrant may authorize the inspector to use reasonable force so exercise the power. (5) A warrant issued under this Article authorizes entry and inspection – (a) in the case of residential premises, on not less than 24 hours’ notice to the occupier; and (b) in every case, at a time of day that is in any event reasonable. (6) Despite paragraph (5), if the Bailiff or Jurat is satisfied that a restriction under that paragraph would defeat the purpose of exercising the power, a warrant may authorize entry and inspection at any time, immediately or on less than 24 hours’ notice. (7) A warrant shall cease to have force on the expiry of the period of one month after the day on which it is issued. (8) In this Article, “satisfied” means satisfied by information on oath. 66 Powers of inspector in respect of documents and information (1) An inspector may require a licensee or holder of a certificate or exemption granted under Article 9 to produce it to the inspector for the latter’s inspection. (2) An inspector may require a licensee to produce his or her register to the inspector for the latter’s inspection. (3) An inspector may, in the course of exercising an enforcement power under Article 64, require – (a) the licensee or holder of the certificate or exemption; (b) any person in occupation of or employed on the premises concerned; or (c) any person in charge of or employed on or in the vehicle, vessel, hovercraft or aircraft concerned, to provide to an inspector any information specified in paragraph (4). (4) Paragraph (3) refers to – (a) information about the premises, vehicle, vessel, hovercraft or aircraft; (b) information about any explosives there; or (c) information about any explosive used or to be used there, being information that is reasonably necessary for the enforcement of this Law, or of Fireworks Regulations. (5) In making a requirement under any of paragraphs (1), (2) and (3), the inspector shall specify – (a) the period within which the item or information concerned is to be produced or provided (being a period that is reasonable); and (b) the place at which it is to be produced or provided. 67 Surrender of explosives to inspector (1) If a person who is in possession of any explosive knows or suspects – (a) that the explosive is defective; and (b) that by reason of its defectiveness it may constitute a danger to persons or property, the person shall as soon as practicable inform any inspector, and surrender the explosive to a designated inspector. (2) A person who is in possession of an explosive may at any time of his or her own volition surrender an explosive to a designated inspector. (3) A designated inspector shall give a receipt in writing to any person who surrenders an explosive to the inspector under this Article. (4) If a person who surrenders an explosive under this Article is a person required under this Law, or under Fireworks Regulations, to maintain a register in respect of the explosive, the person shall enter in the register – (a) the name of the designated inspector; and (b) the date on which the explosive is surrendered. 68 Seizure of explosives (1) If a designated inspector reasonably suspects – (a) that an explosive is defective; and (b) that by reason of its defectiveness it may constitute a danger to any person or property, the inspector may seize and detain the explosive. (2) If an inspector or a police officer reasonably suspects that an explosive has been or will be dealt with in a way that is contrary to this Law, or to Fireworks Regulations, he or she may seize and detain the explosive. (3) An inspector or police officer who seizes and detains an explosive under this Article shall give to the person from whom it is taken a receipt in writing for the explosive. 69 Disposal of defective explosives in urgent cases If a designated inspector reasonably believes – (a) that an explosive that is surrendered under Article 67, or is seized and detained under Article 68, is defective; (b) that by reason of its defectiveness it may constitute a danger to persons or property; and (c) that the risk of danger is such as to justify its disposal before an application to the Royal Court can be made and determined under Article 70, the designated inspector may in a safe manner destroy or otherwise dispose of the explosive. 70 Forfeiture of explosive (1) If an explosive is surrendered under Article 67, or is seized and detained under Article 68, the Attorney General may on any of the following grounds apply to the Royal Court for an order that the explosive be forfeited to the States, namely – (a) that the explosive is defective, and that by reason of its defectiveness it may constitute a danger to any person or property; (b) that the explosive has been dealt with in a way that is contrary to this Law, or to Fireworks Regulations; or (c) that there are reasonable grounds for believing that, if the explosive had not been seized and detained, it would have been dealt with in a way that is contrary to this Law, or to Fireworks Regulations. (2) An application under paragraph (1) shall be made on notice to the owner of the explosive (if known) and to each other person (if known) who has or appears to have an interest in the explosive. (3) If the Royal Court is satisfied that the ground on which the application is made is proved, it may order that the explosive be forfeited to the States, and destroyed or disposed of in any other manner that the Minister may think fit. 71 Recovery of disposal costs If an explosive – (a) is destroyed or otherwise disposed of under either of Articles 68 or 69; or (b) is forfeited to the States under Article 70, the Minister may recover in any court of competent jurisdiction, as a civil debt owing to the States by any person who owned or had possession of the explosive at the time of its surrender or seizure, the reasonable costs to the States of its surrender or seizure, its forfeiture and its destruction or other disposal. 72 Offences of obstruction of inspectors ; failure to provide information (1) A person who without reasonable excuse intentionally obstructs an inspector who is seeking to exercise or is exercising any power of the inspector under this Law, or under Fireworks Regulations, shall be guilty of an offence. (2) A person who without reasonable excuse fails to provide to an inspector, in accordance with a requirement made by the inspector under Article 66(3) or under Fireworks Regulations, any information that it is within his knowledge and power to provide shall be guilty of an offence. (3) A person who is convicted of an offence under this Article shall be liable to imprisonment for a term not exceeding 1 year and a fine. part 13 general provisions 73 Approved codes of practice (1) The Minister may by Order approve a code of practice for the guidance of persons handling or using explosives, or any category of explosives, with or without such modifications as the Minister may specify in the Order. (2) In any civil or criminal proceedings under this Law, or under Fireworks Regulations – (a) the fact that a person conforms in a material way to an approved code of practice shall be admissible as evidence that the person is conducting himself or herself reasonably in that way; and (b) the fact that a person fails in a material way to conform to an approved code of practice shall be admissible as evidence that the person is not conducting himself or herself reasonably in that way. 74 Orders (1) Without derogation from any other provision of this Law or of Fireworks Regulations, the Minister may make Orders in respect of explosives for any of the following purposes of this Law or of such Regulations – (a) prescribing forms of applications; (b) prescribing fees that shall be payable on applications; (c) prescribing forms of licences and certificates; (d) prescribing forms of registers to be maintained by licensees; (e) prescribing conditions that apply to all licences and certificates, or to all licences or certificates of a particular kind; (f) prescribing courses of training and qualifications for persons who manufacture, store, use, supply, transport or otherwise handle explosives; (g) prohibiting or restricting the participation or the unsupervised participation in the manufacture, storage, use, supply, transport or other handling of explosives of persons who do not possess such qualifications or who have not undergone such training or do not possess such qualifications; (h) regulating the unloading and landing of explosives, and the loading and movement of such explosives by land, sea or air; (i) regulating the manufacture, storage and use of explosives; (j) regulating the transporting of explosives within Jersey; (k) prohibiting or restricting the supply of explosives to persons who have not attained the age of 18 years, and the possession and use of explosives by such persons; (l) prohibiting or restricting the use of explosives on or otherwise than on specified days; (m) prohibiting or restricting the use of explosive between or otherwise than between specified hours; (n) providing that a person who contravenes an Order made under this Article shall be guilty of a criminal offence; (o) providing that a person who is guilty of such an offence shall be liable to a specified penalty not exceeding in any case imprisonment for a term of 2 years and a fine; (p) providing for any other matters that are to be or may be prescribed or done under any other provisions of this Law, or of Fireworks Regulations; and (q) providing for such other matters as are reasonably necessary for or incidental to the purpose of carrying this Law, or Fireworks Regulations, into effect. (2) An Order prescribing forms of applications for licences, or licences, may amalgamate more than one application, or licence, in one form. (3) For the purposes of this Law and of Fireworks Regulations, a standard condition in respect of a licence or certificate is to be treated as if it were a condition imposed by the Minister in granting the licence or certificate. (4) The powers of the Superior Number of the Royal Court to make Rules under the Royal Court (Jersey) Law 1948 [7] shall include power to make Rules for the purposes of this Law and of Fireworks Regulations. 75 Offences (1) A licensee who contravenes any of Articles 10(1), 18, 22, 26, 29, 32 and 43 shall be guilty of an offence and liable to imprisonment for a term of 2 years and a fine. (2) A person does not commit an offence under paragraph (1) in respect of any act described in paragraph (3). (3) Paragraph (2) refers to any act by the person – (a) in the course of his or her employment by another person who is the holder of a licence that authorizes the licensee to do the act; or (b) as an agent of the licensee and acting with his permission. (4) A person who contravenes any of Articles 11, 12, 19, 23(1), 23(2), 27(1), 30(1), 30(2), 33(1), 33(4), 36, 37, 68(1) and 68(4) shall be guilty of an offence and liable to imprisonment for a term of 2 years and a fine. (5) A person who contravenes Article 35 shall be guilty of an offence and liable to a fine not exceeding level 4 on the standard scale. (6) A holder of a licence or certificate who contravenes Article 56(1) or 56(2) shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale and a further fine not exceeding level 1 on that scale for each day during which the failure (to surrender the licence as required by either of those provisions) continues. (7) A holder of a licence or certificate or exemption who without reasonable excuse fails to produce it to an inspector, in accordance with a requirement made by the inspector under Article 67(1), shall be guilty of an offence and liable to a fine of level 3 on the standard scale. (8) A licensee who without reasonable excuse fails to produce his or her register to an inspector, in accordance with a requirement made by the inspector under Article 66(2), shall be guilty of an offence and liable to a fine of level 3 on the standard scale. 76 Breach of conditions A person who contravenes any condition of or in – (a) a licence; (b) an Order made under either of Articles 5(1) or 9(1); (c) a certificate; or (d) an exemption, shall be guilty of an offence and liable to imprisonment for a term of 2 years and a fine. 77 False information A person who in support of an application under this Law, or under Fireworks Regulations, knowingly or recklessly makes a statement that is false or misleading in a material particular shall be guilty of an offence and liable to imprisonment for a term of 2 years and a fine. 78 Offences by bodies corporate etc. (1) Where an offence under this Law committed by a limited liability partnership or body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of – (a) a person who is a partner of the partnership, or director, manager, secretary or other similar officer of the body corporate; or (b) any person purporting to act in any such capacity, the person is also guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence. (2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with functions of management as if that member were a director of the body corporate. 79 Service of documents (1) A document may be served under this Law, or under Fireworks Regulations, in any of the following ways – (a) on an individual, by delivering it to him or her personally or by leaving it at his or her proper address or by sending it by recorded delivery post to the person at that address; (b) on a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body; (c) on a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business; or (d) on an unincorporated body or unincorporated association of persons, by serving it in accordance with sub-paragraph (a) on any person having the control or management of its affairs. (2) For the purposes of this Article, and of Article 7 of the Interpretation (Jersey) Law 1954 [8] in its application to this Article, the proper address of any person on whom a document is to be served is the person’s last known address, except that – (a) in the case of service on a body corporate or its secretary or clerk, it is the address of the registered or principal office of the body; or (b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it is the address of the principal office of the partnership. (3) In the case of a body incorporated outside Jersey or of a partnership carrying on business outside Jersey, its principal office in Jersey is its principal office for the purposes of this Article. (4) Where a person who is to be served under this Law, or under Fireworks Regulations, with any document has specified an address in Jersey other than the person’s proper address (as determined in accordance with paragraph (2)) as the one at which the person or someone on his or her behalf will accept service of documents, that address may be treated as the proper address for the purposes of this Article. (5) Where a document is to be served under this Law, or under Fireworks Regulations – (a) on the owner or person in charge of any land, vehicle, vessel, hovercraft or aircraft; or (b) on the occupier of any land, the driver of a vehicle, the master of a vessel or hovercraft or the commander of an aircraft, and after reasonable enquiry he or she cannot be found and his or her name and address cannot be ascertained, and the document relates to the land, vehicle, vessel, hovercraft or aircraft, the document may be served by delivering it personally to some other responsible person who is or appears to be resident or employed on or in it, or by affixing it (or a copy) conspicuously to any part of the land, vehicle, vessel, hovercraft or aircraft. (6) This Article does not apply to any document for which provision for service is made by Rules of Court, but it does not prevent service by any other mode that is permitted by any other enactment or rule of law. 80 Relationship to other enactments Neither this Law nor Fireworks Regulations relieve any person from an obligation to obtain any licence, authorization, consent or permission that is required by or under any other enactment. 81 Repeal and saving (1) The Explosives (Jersey) Law 1970 [9] , as far as it applies to explosives other than fireworks, shall be repealed. (2) The Explosives (Jersey) Law 1970 [10] , as far as it applies to fireworks, shall be repealed. (3) If, immediately before the commencement of this Law or of Fireworks Regulations, any application is pending under the Explosives (Jersey) Law 1970 for a licence to do any act for which a licence is also required under this Law or under the Regulations, the application shall be treated and determined as an application for a licence under this Law or under the Regulations (as the case may be). (4) If, immediately before the commencement of a Part of this Law or of the Fireworks Regulations, a licence under the Explosives (Jersey) Law 1970 is in force authorizing the holder to do any act for which a licence is also required under this Law or under the Regulations, the licence shall continue in force (subject to the other provisions of this Law and of the Regulations, but otherwise according to its tenor) as if it were a licence granted under this Law or under the Regulations (as the case may be). (5) In paragraphs (3) and (4), references to the commencement of this Law or of the Fireworks Regulations are to the commencement of the provisions in this Law, or in the Regulations, imposing the requirements concerned. 82 Citation and commencement (1) This Law may be cited as the Explosives (Jersey) Law 2014. (2) This Law shall come into force on such day or days as the States may by Act appoint, and different dates may be appointed for different provisions and different purposes of this Law. l.-m. hart Deputy Greffier of the States [1] chapter 19.060 [2] chapter 24.660 [3] chapter 25.200 [4] chapter 16.325 [5] chapter 19.060 [6] chapter 23.200 [7] chapter 07.770 [8] chapter 15.360 [9] L.1/1971 (chapter 23.125) [10] L.1/1971 (chapter 23.125)