Explosives (Amendment) (Jersey) Law 201-

Arrangement

Article

1                 Interpretation. 3

2                 Article 1 (Interpretation) amended. 3

3                 Amendment of references to “Fireworks Regulations”. 4

4                 Article 2 (meaning of “explosive” and related expressions) amended. 4

5                 Article 3 (application of Law) amended. 4

6                 Article 38 (explosives to be returned only to place of origin) amended. 4

7                 Part 9 (fireworks) amended. 4

8                 Article 44 (Regulations in respect of fireworks) amended. 5

9                 Article 45 (restrictions on supply of fireworks to young persons) amended. 5

10              Article 46 (restrictions on occasions of supply and use of fireworks) amended. 5

11              Article 47 (prohibition of supply and possession of certain fireworks) amended. 5

12              Article 49 (licensing of suppliers) amended. 6

13              Article 50 (information about fireworks) amended. 6

14              Article 51 (training courses) amended. 6

15              Article 52 (offences against Fireworks Regulations) amended. 6

16              Article 53 (defence in respect of supply to young persons) amended. 6

17              Article 74 (Orders) amended. 6

18              Citation and commencement 7

 

 


Explosives (Amendment) (Jersey) Law 201-

A LAW to amend the Explosives (Jersey) Law 2014.

Adopted by the States                                                  30th April 2019

Sanctioned by Order of Her Majesty in Council  [date to be inserted]

Registered by the Royal Court                              [date to be inserted]

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law, “principal Law” means the Explosives (Jersey) Law 2014[1].

2        Article 1 (Interpretation) amended

In Article 1 of the principal Law –

(a)     for the definition “fireworks” there is substituted –

“ ‘firework’ means a pyrotechnic article intended for entertainment purposes;”;

(b)     the definition “Fireworks Regulations” is deleted;

(c)     after the definition “public service vehicle” there is inserted –

“ ‘pyrotechnic article’ means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions and which –

(a)     has not been supplied before the coming into force of the first Pyrotechnic Articles Regulations;

(b)     is not intended for non-commercial use by –

(i)      the armed forces,

(ii)      the States of Jersey Police Force,

(iii)     the States of Jersey Fire and Rescue Service;

(c)     is not intended for use in the aerospace industry;

(d)     is not a percussion cap intended specifically for toys falling within the scope of Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1);

(e)     is not an explosive falling within the scope of Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (OJ L 96, 29.3.2014, p. 1); and

(f)      is not a projectile, propelling charge or blank ammunition used in portable firearms, other guns or artillery;

‘Pyrotechnic Articles Regulations’ means Regulations made under Article 44;”.

3        Amendment of references to “Fireworks Regulations”

In the principal Law, for the words “Fireworks Regulations” in every place where they appear there is substituted “Pyrotechnic Articles Regulations”.

4        Article 2 (meaning of “explosive” and related expressions) amended

In Article 2 of the principal Law –

(a)     in paragraph (2)(d), after the word “fireworks” there is inserted “and other pyrotechnic articles”;

(b)     for paragraph (9) there is substituted –

“(9)    Without derogation from the preceding provisions of this Article, the Minister may by Order designate any article, substance or preparation as an explosive or a class of explosive for the purposes of this Law or the Pyrotechnic Articles Regulations, and may do so generally or particularly and for all purposes or for such purposes as may be specified in the Order.”.

5        Article 3 (application of Law) amended

In Article 3(1) and (2) of the principal Law, for the word “fireworks” there is substituted “pyrotechnic articles”.

6        Article 38 (explosives to be returned only to place of origin) amended

In Article 38(3) of the principal Law after the word “fireworks” there is added “or other pyrotechnic articles”.

7        Part 9 (fireworks) amended

In the heading to Part 9 of the principal Law, after the word “FIREWORKS”, there is added “AND OTHER PYROTECHNIC ARTICLES”.

8        Article 44 (Regulations in respect of fireworks) amended

In Article 44 of the principal Law –

(a)     in the heading and in paragraphs (1) and (2), after the word “fireworks” wherever they appear there is added “and other pyrotechnic articles”;

(b)     after paragraph (4) there is inserted –

“(4A) If Pyrotechnic Articles Regulations specify times during which –

(a)     fireworks or other pyrotechnic articles may be supplied or used; or

(b)     public fireworks displays may be operated,

those Regulations may permit the Minister, after having consulted the Comité des Connétables, to prescribe by Order other times during which fireworks or other pyrotechnic articles may be supplied or used or other times during which fireworks displays may be operated.”.

9        Article 45 (restrictions on supply of fireworks to young persons) amended

In Article 45 of the principal Law –

(a)     in the heading after the word “fireworks” there is added “and other pyrotechnic articles”;

(b)     in paragraphs (1) and (2), after the word “fireworks” there is added “or other pyrotechnic articles”.

10      Article 46 (restrictions on occasions of supply and use of fireworks) amended

In Article 46 of the principal Law –

(a)     in the heading after the word “fireworks” there is added “and other pyrotechnic articles”;

(b)     in paragraphs (1) and (2), after the word “fireworks” there is added “or other pyrotechnic articles”.

11      Article 47 (prohibition of supply and possession of certain fireworks) amended

In Article 47 of the principal Law –

(a)     in the heading after the word “fireworks” there is added “and other pyrotechnic articles”;

(b)     in paragraphs (1)(a) and (b), (2)(a) and (b) and (4)(a), (b) and (c), after the word “fireworks” there is added “or other pyrotechnic articles”.

12      Article 49 (licensing of suppliers) amended

In Article 49(1) and (3) of the principal Law, after the word “fireworks” wherever it appears there is added “or other pyrotechnic articles”.

13      Article 50 (information about fireworks) amended

In Article 50 of the principal Law –

(a)     in the heading after the word “fireworks” there is added “and other pyrotechnic articles”;

(b)     in paragraphs (1) and (2)(a), after the word “fireworks” wherever it appears there is added “or other pyrotechnic articles”.

14      Article 51 (training courses) amended

In Article 51 of the principal Law, after the word “fireworks” there is added “or other pyrotechnic articles”.

15      Article 52 (offences against Fireworks Regulations) amended

In Article 52 of the principal Law –

(a)     in paragraph (a) the word “and” is deleted;

(b)     in paragraph (b) for the full stop there is substituted the word “; and”;

(c)     after paragraph (b) there is inserted –

“(c)    that where a person who is charged with any offence under the Regulations accepts the decision of a Centenier having jurisdiction in the matter, then –

(i)      that Centenier may impose a fine of level 1 on the standard scale,

(ii)      that where any fine is levied by a Centenier in pursuance of the powers conferred by this Article, the Centenier must give a receipt for it and as soon as reasonably practicable, inform the Chief Officer of the States of Jersey Police Force of the details of the fine.”.

16      Article 53 (defence in respect of supply to young persons) amended

In Article 53 of the principal Law, after the word “fireworks” there is added “or other pyrotechnic articles”.

17      Article 74 (Orders) amended

In Article 74(1)(b), after the word “applications” there is inserted “or for the provision of technical or other advice by any suitably qualified person as specified in the Order”.

18      Citation and commencement

This Law may be cited as the Explosives (Amendment) (Jersey) Law 201- and comes into force immediately after the coming into force of Part 9 of the Explosives (Jersey) Law 2014[2].

 

 

 


 



[1]                                    L.29/2014

[2]                                    L.29/2014


Page Last Updated: 07 May 2019