21Permits to handle unauthorised explosives

21 Permits to handle unauthorised explosives

(1)  In this regulation –

reasonable period means a period of at least 7 clear days as specified by the Secretary.

(2)  A person may apply to the Secretary, in accordance with regulation 112 , for a permit to handle an unauthorised explosive.

(3)  The Secretary may –

(a) refuse the application; or

(b) approve the application on the conditions as to time, place, supervision, safety, security, scope of handling or otherwise that the Secretary thinks fit (the permit conditions).

(4)  An application under subregulation (2) may not be approved unconditionally.

(5)  If the application is refused, the Secretary is to notify the applicant as soon as practicable of –

(a) the refusal; and

(b) the reason for the refusal; and

(c) the right of review.

(6)  If the application is approved, the following provisions apply:

(a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions;

(b) if, within a reasonable period, the applicant agrees to the proposed permit conditions (or, failing that, the Secretary and applicant are able to agree on modified conditions), the Secretary is to –

(i) issue the applicant with a permit on the proposed (or, if applicable, modified) permit conditions; and

(ii) inform such other persons of the matter as the Secretary thinks fit;

(c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on modified conditions), the application is taken to have been refused at the end of that period and the procedure set out in is to be followed.