Explosives not to be stored without a licence or certificate of registrationN.I.
This section has no associated Explanatory Memorandum
10.—(1) Subject to paragraph (2), a person shall not store explosives unless he holds a licence or certificate of registration for their storage and complies with the conditions of that licence or certificate of registration.
(2) Paragraph (1) shall not apply to—
(a)the storage of one or more of the following—
(i)no more than 10 kilograms of black powder;
(ii)no more than 5 kilograms of—
(aa)shooters' powder;
(bb)any explosive or combination of explosives listed in Schedule 2; or
(cc)a combination of shooters' powder and any one or more of the explosives listed in Schedule 2;
(iii)no more than 15 kilograms of percussion caps or small arms ammunition or a mixture of them;
(b)the storage of no more than 7 kilograms of—
(i)Hazard Type 1 or 2 explosives; or
(ii)a combination of Hazard Type 1 or 2 explosives with explosives of another hazard type,
for no longer than 24 hours;
(c)the storage of Hazard Type 3 or 4 explosives for no longer than 24 hours;
(d)the storage of no more than 100 kilograms of—
(i)Hazard Type 3 explosives consisting of fireworks;
(ii)shooters' powder; or
(iii)a combination of shooters' powder and Hazard Type 3 and 4 explosives consisting of fireworks,
provided that the explosives are stored for no longer than 3 [consecutive]days in their place of intended use;
(e)the storage of—
(i)no more than 250 kilograms of Hazard Type 4 explosives provided that the explosives are stored for no longer than 3 [consecutive] days consecutive in their place of intended use; or
(ii)no more than 50 kilograms of Hazard Type 4 explosives consisting solely of fireworks, provided that the fireworks are stored for no longer than 21 [consecutive] days and are not for sale or for use at work;
(f)the storage of desensitised explosives which have been allocated in accordance with the United Nations Recommendations the U.N. nos. 1336, 1337, 2059, 2555, 2556 or 2557; or
[(g)the storage of explosives by a company which is a wholly-owned subsidiary of another company at a site in relation to which that other company holds—
(i)a registration; or
(ii)a licence to store explosives
and that storage by the wholly-owned subsidiary is in accordance with any condition of that registration or licence.]
(3) For the purpose of paragraph (2)—
(a)no more than one of the exceptions listed in sub-paragraphs (a) to (e) of paragraph (2) may be relied on in relation to explosives stored at the same site at the same time, irrespective of the person who is storing them; and
(b)the quantities referred to in that paragraph are the maximum quantities of the explosives ...which may be present at a site at any one time [and]
[(c)in sub-paragraphs (d) and (e), Christmas Day, Good Friday and, to the extent that they are not the same as those, any days which under the Banking and Financial Dealings Act 1971 are bank holidays shall not be included for the purposes of determining the period of days referred to in those sub-paragraphs.]
Textual Amendments
Commencement Information