Memorandum by the Northern Ireland Office
IRELAND) 1997 (S.R. 1997/401)
The Committee has requested a memorandum on the following
Regulation 9 provides that the fee for a licence is to
be £30 "or such other sum as the Secretary of State
shall provide". Given that the power in section 3 of the
Explosives Act (Northern Ireland) 1970 is for regulations to prescribe
the fees, what power authorises the amount to be fixed other than
by the Regulations themselves?
The Northern Ireland Office notes the point raised by the
Committee and accepts that the power referred to in regulation
9 (i.e., the Secretary of State's power to set a different fee)
is not provided for by the enabling legislation, and accepts that
the fee that could only be changed by amending regulations.
The Department will revisit the Regulation when new powers
are provided by the Fireworks Bill, which is due to become law
next year, and under which new regulations will be made replacing
the current regulations.
17th November 1997