Joint Committee on Statutory Instruments Fourteenth Report


Memorandum by the Northern Ireland Office


  The Committee has requested a memorandum on the following point:

    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

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