Explosives (Amendment) (Jersey) Law 1978

Jersey Law 1/1978

 

EXPLOSIVES (AMENDMENT) (JERSEY) LAW, 1978.

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A LAW     to amend the Explosives (Jersey) Law, 1970, sanctioned by Order of Her Majesty in Council of the

 

9th day of FEBRUARY, 1978.

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(Registered on the 17th day of March , 1978).

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STATES OF JERSEY.

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The 21st day of December, 1976.

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

ARTICLE 1

(1)           In the long title of the Explosives (Jersey) Law, 19701 (hereinafter referred to as “the principal Law”), after the word “storage,” there shall be inserted the word “use,”.

(2)           After Article 4 of the principal Law2 there shall be inserted the following Article –

“ARTICLE 4A

USE OF EXPLOSIVES

(1)          No person shall use any explosives for any purpose except in accordance with a licence granted by the Committee.

(2)          Subject to the provisions of this Law, the Committee may refuse to grant a licence to use explosives if it deems that it is in the best interests of the community so to do.

(3)          The Committee may attach such conditions as it thinks fit to the grant of a licence to use explosives.

(4)          Subject to the provisions of this Law, the Committee may, at any time, where it considers it right and proper to do so, cancel a licence to use explosives or vary any conditions attached to such a licence.

(5)          The Committee may, from the time notice is given in pursuance of paragraph (1) of Article 10 of its intention to cancel a licence to use explosives or to attach any condition to such a licence or to vary any condition attached to such a licence, as the case may be, prohibit or restrict the use of explosives by the holder of the licence or by any person authorised by him, and such prohibition or restriction shall, notwithstanding the provisions of paragraph (2) of Article 11, continue to take effect until any appeal under Article 11 against the cancellation of the licence or the condition attaching thereto or the variation of any condition attached thereto, as the case may be, is abandoned or determined.

(6)          The provisions of this Article shall not apply to fireworks.

(7)          Nothing in this Article shall be taken to prohibit the use of any explosives by any person in the employ of the Crown or any administration of the States or any police officer, acting in the course of his duty as such.”

(3)           In paragraphs (1) and (2) of Article 12 of the principal Law3

(a)     after the words “reasonable cause to believe contain explosives” there shall be inserted the words “or on which explosives have been used or are being used or are about to be used”; and

(b)     after the words “or to any explosives therein” there shall be inserted the words “or to the use of any explosives thereon”.

ARTICLE 2

For Article 6 of the principal Law4 there shall be substituted the following Article –

“ARTICLE 6

CONVEYANCE OF EXPLOSIVES

(1)          No person shall convey explosives except in accordance with a licence granted by the Committee.

(2)          Subject to the provisions of this Law, the Committee may refuse to grant a licence to convey explosives if it deems that it is in the best interests of the community so to do.

(3)          The Committee may attach such conditions as it thinks fit to the grant of a licence to convey explosives.

(4)          Subject to the provisions of this Law, the Committee may, at any time, where it considers it right and proper to do so, cancel a licence to convey explosives or vary any conditions attached to such a licence.

(5)          The provisions of this Article shall not apply to fireworks.

(6)          Nothing in this Article shall be taken to prohibit the conveyance of any explosives by any person in the employ of the Crown or any administration of the States or any police officer, acting in the course of his duty as such.”

ARTICLE 3

This Law may be cited as the Explosives (Amendment) (Jersey) Law, 1978 and shall come into force on the eighth Monday next following the day on which it is registered.

 

E.J.M. POTTER,

 

Greffier of the States.



1        Volume 1970-1972, page 169.

2        Volume 1970-1972, page 171.

3        Volume 1970-1972, page 175.

4        Volume 1970-1972, page 173.


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