The Explosives Regulations 2014

PART 1 U.K. INTRODUCTION

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Explosives Regulations 2014 and, save as provided in paragraph (2), come into force on 1st October 2014.

(2) Regulations 33(7) and 36, and regulations 43 and 44 and Schedule 11 to the extent that those provisions relate to regulations 33(7) and 36, come into force on 5th April 2015.

Interpretation U.K.

2.—(1) In these Regulations —

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 M1 ;

“ammonium nitrate blasting intermediate” means a substance assigned in accordance with the United Nations Recommendations the U.N. no. 3375;

“authorised defence site” has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 M2 ;

“black powder” means an intimate mixture, with or without sulphur, of charcoal or other carbon with potassium nitrate or sodium nitrate, whether the mixture is in meal, granular, compressed or pelletised form, being an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0027 or 0028;

“the CE marking” means the mark referred to in regulation 42(3);

“centre point”, in relation to a store or a building, means the centre point of the store or building determined as far as is reasonably possible;

“chief officer of police”

(a)

in relation to England and Wales, has the same meaning as in section 101(1) of the Police Act 1996 M3 ; and

(b)

in relation to Scotland, means the person appointed to the office of chief constable under section 7(1)(a) of the Police and Fire Reform (Scotland) Act 2012 M4 ; and

in relation to an area, means the chief officer of police for that area;

“civil explosive” means an explosive which has been or would be classified in accordance with the United Nations Recommendations as falling within Class 1 but it does not include —

(a)

ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M5 ;

(b)

any explosive which it is shown is intended for lawful use by the armed forces or the police of any country;

(c)

a pyrotechnic article; and

(d)

an explosive which is used immediately at the place of manufacture;

“the Civil Uses Directive” means Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses M6 as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29th September 2003 M7 , Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11th March 2009 M8 and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012 M9 ;

“Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations;

“the Commission” means the Commission of the European Union;

“desensitised explosive” means —

(a)

a solid explosive substance which has been wetted with water or alcohol or diluted with one or more other substances; or

(b)

a liquid explosive substance which has been dissolved or suspended in water or one or more other substances,

to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;

“disposes”, in relation to explosives and explosive-contaminated items, means destroying the explosives or explosive-contaminated items or otherwise rendering them harmless;

“distributor” means a person in the supply chain, other than a manufacturer or an importer, who makes an explosive available on the market and “distributes” and “distribution” are to be construed accordingly;

“the Executive” means the Health and Safety Executive M10 ;

“explosive” means —

(a)

any explosive article or explosive substance which would —

(i)

if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; or

(ii)

be classified in accordance with the United Nations Recommendations as —

(aa)

being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and

(bb)

falling within Class 1; or

(b)

a desensitised explosive,

but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;

“explosive article” means an article containing one or more explosive substances;

“explosives certificate” has the meaning given in regulation 4(1);

“explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is —

(a)

capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or

(b)

designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;

“firearm” has the meaning given in section 57(1) of the Firearms Act 1968 M11 ;

“fireworks” means the explosive articles assigned in accordance with the United Nations Recommendations any of the U.N. nos. 0333 to 0337;

“GB nuclear site” has the meaning given in section 68 of the Energy Act 2013 M12 ;

“harmonised standard” means a text setting out technical specifications adopted by the European Committee for Standardisation (CEN) under a mandate from the Commission in accordance with Directive 98/34 of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations M13 , as amended by Directive 98/48/EC of the European Parliament and of the Council of 20th July 1998 M14 , Council Directive 2006/96/EC of 20th November 2006 M15 and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012 M16 , and of which the reference number is published in the Official Journal of the European Communities;

“harbour” means a harbour which is within the jurisdiction of a harbour authority and includes—

(a)

the areas of water within the jurisdiction of that harbour authority; and

(b)

land within the jurisdiction of, or occupied by, the harbour authority and used in connection with the loading and unloading of ships,

but does not include the areas of water which are within the jurisdiction not only of the harbour authority but also of another harbour authority and which are used primarily by ships using berths within the harbour of that other harbour authority;

“harbour authority” has the meaning given in section 57 of the Harbours Act 1964 M17 ;

“hazard type” means any of hazard type 1 explosive, hazard type 2 explosive, hazard type 3 explosive or hazard type 4 explosive;

“hazard type 1 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a mass explosion hazard;

“hazard type 2 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a serious projectile hazard but does not have a mass explosion hazard;

“hazard type 3 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard and either a minor blast hazard or a minor projectile hazard, or both, but does not have a mass explosion hazard;

“hazard type 4 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard or slight explosion hazard, or both, with only local effect;

“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 M18 ;

“Her Majesty's Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employee of the department of the Secretary of State having responsibility for defence attached to those forces;

“holder” in relation to an explosives certificate means the person named in the explosives certificate as a person fit to acquire, or to acquire and keep, explosives;

“licence”, save in the definition of “prohibited person”, means a licence for the manufacture or storage of explosives granted under regulation 13 and includes a varied licence;

“licensee” means a person who has been granted a licence under regulation 13 and includes a person to whom a licence is transferred and a person treated under regulation 18 as being licensed;

“licensing authority” has the meaning assigned to it by Schedule 1;

“local authority”, apart from in paragraph 6(1)(c) of Schedule 11, means, in relation to —

(a)

the City of London, the Common Council for the City of London;

(b)

an area in the rest of London, the London borough council for that area;

(c)

an area where there is a metropolitan county fire and rescue authority, that authority;

(d)

the Isles of Scilly, the Council of the Isles of Scilly;

(e)

an area in the rest of England, the county council for that area or where there is no county council for that area, the district council for that area;

(f)

an area in Scotland, the council for the local government area; and

(g)

an area in Wales, the county council or the county borough council for that area;

“manufacture” includes—

(a)

in relation to explosive articles, their repair, modification, disassembly or unmaking;

(b)

in relation to explosive substances, their reprocessing, modification or adaptation;

but it does not include the packing, unpacking, re-packing, labelling or testing of explosives or the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers;

“mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

“new nuclear build site” has the meaning given in regulation 2A of the Health and Safety (Enforcing Authority) Regulations 1998 M19 ;

“the ONR” means the Office for Nuclear Regulation M20 ;

“ONR regulated site” has the meaning given in paragraph (11);

“percussion caps” means items intended for use in small arms ammunition or small arms assigned in accordance with the United Nations Recommendations the UN no. 0044 or 0378;

“police force”, for the purposes of regulations 3(9)(e) and (8)(b) and 27(3)(e), includes—

(a)

the police force known as the British Transport Police Force M21 ; and

(b)

the constabulary known as the Civil Nuclear Constabulary by virtue of section 52(1) of the Energy Act 2004 M22 ;

“preparation” means a mixture of two or more substances or a solution of any substance or substances;

“prohibited person” means a person, other than a person in respect of whom an order has been made under regulation 22(4), who—

(a)

has been convicted of any offence under the Explosive Substances Act 1883 M23 , or

(b)

has been sentenced to a sentence which is excluded from rehabilitation under the Rehabilitation of Offenders Act 1974 M24 by virtue of section 5(1) and (1A) of that Act; or

(c)

has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974 M25 , for a term exceeding 30 months, but not exceeding 48 months, and less than the period of 7 years has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 42 months from that day for those under the age of 18 at the time of conviction; or

(d)

has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term exceeding 6 months, but not exceeding 30 months, and less than the period of 48 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 24 months from that day for those under the age of 18 at the time of conviction; or

(e)

has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term not exceeding 6 months and less than the period of 24 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 18 months from that day for those under the age of 18 at the time of conviction; or

(f)

has been sentenced to a sentence of service detention, within the meaning of section 5(8) of the Rehabilitation of Offenders Act 1974 M26 , for a recordable service offence and less than the period of 12 months has elapsed, beginning with the day on which the sentence is completed, or less than 6 months from that day for those under the age of 18 at the time of conviction, and, for these purposes —

(i)

“conviction” includes a finding or a substituted finding that is treated as a conviction by virtue of section 376 of the Armed Forces Act 2006 M27 ; and

(ii)

“recordable service offence” has the meaning given by article 2(1) of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 M28 and paragraph 4 of Schedule 2 to that Order;

“propellant” means a deflagrating explosive used as a propellant in firearms;

“public consultation zone” means the area around the store or proposed store, or the building where the manufacture of explosives takes place or is proposed to take place, which, from the centre point of the store or building, has a radius equivalent to double the greatest separation distance required by virtue of these Regulations to apply in the case of that store or building;

“pyrotechnic article” means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;

“pyrotechnic substance” means an explosive substance of a kind designed to produce an effect by heat, light, sound, gas or smoke, or a combination of any of these, as a result of non-detonative, self-sustaining, exothermic chemical reactions;

“recipient competent authority document” has the meaning in regulation 8(9);

“relevant explosive” means an explosive for which an explosives certificate is required under regulation 5 for acquiring or keeping that explosive, or would be so required were it not for regulation 3(7), and, in relation to regulations 35 and 37 and paragraph 4 of Schedule 4 it also includes—

(a)

ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M29 ; and

(b)

smokeless powder,

even though, and to the extent that (in the case of smokeless powder), an explosives certificate is not required for their acquisition or keeping;

“relevant police force” means in the case of an explosives certificate—

(a)

which will certify that the holder is a fit person to keep explosives, the police force for the police area in which the place of keeping is or is to be situated,

(b)

which will certify only that the holder is a fit person to acquire explosives, the police force for the police area in which the applicant for a certificate resides or, in the case of a body corporate, in which the applicant has its registered office, or, if it has no registered office, its principal office,

(c)

which has been issued, the police force stated in the certificate;

“renewal of a licence” means the granting of a licence to follow a previous licence without any amendment or gap in time;

“restricted substance” means any collection of substances which would if mixed form one or more explosive substances and which has been prepared for that purpose;

“separation distance” means the distance between the store or the building or other place in or at which explosives are, or are to be, manufactured and a building, or other place in or at which people are or are likely to be present either all the time or from time to time;

“ship” includes every description of vessel used in navigation;

“shooters' powder” means —

(a)

black powder,

(b)

smokeless powder which is manufactured for use in small arms, or

(c)

any other substance or preparation based on potassium nitrate or nitro cellulose, whether in powder, pelletised or granular form, used, or to be used, as a propellant;

“site” means the whole area under the control of the same person and, for these purposes —

(a)

all places adjoining each other under the control of the same person are to be treated as a whole area; and

(b)

two or more areas under the control of the same person separated only by a road, railway or inland waterway are to be treated as a whole area;

“small arms” means any of—

(c)

a firearm with a calibre not larger than 19.1 millimetres designed to fire ammunition consisting of a propelling charge and an inert projectile;

(d)

a shotgun as defined by section 1(3) of the Firearms Act 1968 M30 ; or

(e)

a firearm intended to fire blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge;

“small arms ammunition” means the explosive articles assigned in accordance with the United Nations Recommendations the U.N. no. 0012, 0014 or 0055 which are intended exclusively for use in small arms;

“smokeless powder” means an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0509 or 0161 and which is intended exclusively for use in firearms;

“store” means a building, enclosed area or metal structure in which explosives are, or are to be, stored;

“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;

“transfer”, in relation to explosives, means —

(a)

in regulations 3(14) and 8, any physical movement of explosives apart from movement within one site and whether or not transferring possession of or property in the explosives is involved; and

(b)

for all other provisions, transferring possession of or property in the explosives, save that, in relation to regulation 38(2) it is limited to a transfer of possession;

“U.N. no.” means United Nations Serial Number, that is to say one of the four-digit numbers devised by the United Nations as a means of identification of types of explosives in accordance with the United Nations Recommendations;

“United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26 April 1957)) M31 as revised or reissued from time to time;

“visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952 M32 ;

“water-based”, in relation to explosives, means explosives which are based on water and ammonium nitrate and assigned in accordance with the United Nations Recommendations the U.N. no. 0241; and

“wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006 M33 .

(2) For the purposes of these Regulations, the manufacture or storage of ammonium nitrate blasting intermediate is deemed to be the manufacture or storage of an explosive.

(3) For the purposes of measuring any distance required to be a separation distance by virtue of these Regulations, the distance to be measured is the horizontal distance between the outside edge of the store or the building or other place in or at in which the explosives are, or are to be, manufactured and the nearest point of the building or other place which the separation distance applies to.

(4) Any reference in these Regulations to the quantity of an explosive is to be construed as a reference to the net mass of explosive substance.

(5) For the purposes of these Regulations and subject to paragraph (6), “storage” in relation to explosives means their possession for any period after their manufacture, save for—

(a) any period during which they are being prepared at any place for use at that place; and

(b) any period during which they are being transported beyond the place where they are stored.

(6) Subject to paragraph (7), where, during any transport of any explosive beyond the place where it is stored, that explosive is, or is to be, kept at any place for more than twenty-four hours, that keeping is to be treated as storage within the meaning of these Regulations and the provisions of these Regulations apply to that keeping accordingly, notwithstanding any application of the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M34 to that transporting.

(7) Paragraph (6) does not apply to explosives in respect of which there is in existence an explosives licence granted under regulation 36(1) of the Dangerous Substances in Harbour Areas Regulations 1987) M35 .

(8) The performance of any function given to the chief officer of police under these Regulations may be delegated by the chief officer of police (“chief officer”), to such an extent and subject to such conditions as the chief officer may specify—

(a) to a member of the police force in respect of which the chief officer is the chief officer of police;

(b) to a person appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 M36 (civilian staff); or

(c) to a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 M37 (police staff),

and any such delegation must be made in writing by that chief officer.

(9) Any reference in the definitions in this regulation of “desensitised explosive”, “explosive substance”, “pyrotechnic article”, “pyrotechnic substance” or “substance” to liquid, gas, gaseous form or vapour, means, respectively, liquid, gas, gaseous form or vapour at normal atmospheric temperature and pressure.

(10) Any reference to acquiring an explosive means acquiring possession of or property in the explosive.

(11) For the purposes of these Regulations, a site is an ONR regulated site if it or any part of it is—

(a) a GB nuclear site;

(b) an authorised defence site; or

(c) a new nuclear build site.

Marginal Citations

M1 S.I. 2005/1082, to which there are amendments not relevant to these Regulations.

M2 S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

M3 1996 c. 16.

M4 2012 asp 8.

M5 1968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

M6 OJ No. L121, 15.5.1993, p.20.

M7 OJ No. L 284, 31.10.2003, p. 1.

M8 OJ No. L 87, 31.3.2009 p. 109.

M9 OJ No. L 316, 14.11.2012, p. 12.

M10 The Health and Safety Executive is established by section 10(1) of the Health and Safety at Work etc. Act 1974 (c. 37).

M11 1968 c.27.

M12 2013 c.32.

M13 OJ No. L 204, 21.7.1998, p.8.

M14 OJ No. L 217, 5.8.1998, p.18.

M15 OJ No. L 363, 20.12.2006, p.81.

M16 OJ No. L 316, 14.11.2012, p.12.

M17 1964 c.40.

M18 S.I. 1999/1736, amended by S.I. 2009/705; there are other amending instruments but none is relevant.

M19 S.I. 1998/494, relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

M20 The Office for Nuclear Regulation is established by section 77 of the Energy Act 2013 (c.32).

M21 The British Transport Police Force was established by section 20 of the Railways and Transport Safety Act 2003 (c. 20) as of 1st July 2004, replacing the British Transport Police Force which comprised constables appointed under section 53 of the British Transport Commission Act 1949 (12 & 13 Geo c.xxix).

M22 2004 c.20.

M23 1883 c. 3.

M24 1974 c. 53; section 5(1) was amended by the Armed Forces Act 1976 (c. 52), Schedule 9, paragraph 20(4), the Criminal Justice (Scotland) Act 1980 (c. 82), section 83(2) and Schedule 7, paragraph 24, the Criminal Justice Act 1982 (c. 48), sections 77 and 78 and, respectively, Schedule 14, paragraph 36(a) and (b) and Schedule 16, the Criminal Justice Act 1988 (c. 33), Schedule 8, paragraph 9(a), the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph 48(1) and (2)(a) and (b), the Criminal Justice Act 2003 (c. 44), Schedule 32, Part 1, paragraph 18(1) and (2)(a) and (b), the Armed Forces Act 2006 (c. 52), section 378, Schedule 16, paragraph 65(1) and (2)(a)(i), (ii) and (iii), (2)(b) and (3) and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 139(1) and (2) and Schedule 21, Part 1, paragraph 2. Section 5(1A) was inserted by the Armed Forces Act 1976 (c. 52), Schedule 9, paragraph 20(5) and amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 139(1) and (3).

M25 1974 c.53; section 5(2) to (8) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10), section 139.

M26 1974 c. 53; section 5(2) to (11) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Part 3, section 139(1) and (4).

M27 2006 c. 52.

M28 S.I. 2009/1922, to which there are amendments not relevant to these Regulations.

M29 1968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

M30 1968 c. 27; section 1(3)(a) was substituted by the Firearms (Amendment) Act 1988 (c. 45), section 2(2).

M31 Current edition (1997): ISBN 92-1-139057 5.

M32 1952 c.67. “Visiting force” is defined in section 12 of that Act.

M33 2006 c.46.

M34 S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

M35 S.I. 1987/37, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

M36 2011 c. 13.

M37 2012 asp 8.

Application and extent U.K.

3.—(1) Except as provided by paragraphs (2) and (3), these Regulations extend to England and Wales and Scotland.

(2) In Schedule 13—

(a) the amendments made by paragraphs 16, 20 and 30 extend to Scotland only; and

(b) the amendments made by paragraphs 11 and 14 extend to England and Wales only.

(3) Regulation 29 extends to Northern Ireland M38 in so far it applies to the importation of pyrotechnic articles and substances.

(4) These Regulations apply—

(a) within Great Britain subject to paragraphs (5) to (16); and

(b) outside Great Britain as specified in paragraphs (17) and (18).

(5) In Schedule 13—

(a) the amendments made by paragraph 14(2) and (4) apply in relation to England only; and

(b) the amendments made by paragraph 14(3) and (5) of that Schedule apply in relation to Wales only.

(6) Regulations 4, 5, 11, 19, 21, 22, 31, 32, 35 and 37 do not apply to any explosive nuclear device.

(7) Regulation 5 does not apply to the acquisition or keeping of explosives by or on behalf of—

(a) any officer referred to in section 74 of the Explosives Act 1875 M39 exercising the power of seizure under that section;

(b) constables acting in the execution of their duties;

(c) a person—

(i) appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011(civilian staff); or

(ii) appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff),

who, in either case, is duly authorised in writing by the chief officer of police for the relevant police area;

(d) customs officers acting in the performance of their functions;

(e) the Crown, in respect of any explosive which—

(i) is in premises occupied on behalf of the Crown for, or

(ii) is intended for use for,

naval, military or air force purposes or the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs;

(f) the service authorities of visiting forces or any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 M40 ;

(g) a police force;

(h) the Executive; or

(i) the ONR.

(8) Regulations 6, 7, 9, 10, 12 to 18, 20, 23 and 26 to 30 do not apply to—

(a) any activity to which Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 M41 (explosives) applies;

(b) any activity to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M42 apply, apart from any activity which is to be treated as storage by virtue of regulation 2(6);

(c) the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship's crew which are carried out solely by the crew under the direction of the master and in this sub-paragraph the reference to the normal shipboard activities of a ship's crew includes —

(i) the construction, reconstruction or conversion of a ship outside, but not inside, Great Britain; and

(ii) the repair of a ship save repair when carried out in dry dock;

(d) the transport of explosives by air;

(e) an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 M43 ;

(f) the storage of explosives below ground at a mine, where the explosives are for use at that mine for the getting of minerals or ensuring the safety of the mine.

(9) Regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 27 do not apply to the manufacture or storage of explosives, at any site under the control of the Secretary of State having responsibility for defence, or held for the purposes of a visiting force or headquarters, under a scheme approved by that Secretary of State which—

(a) provides for their safe manufacture and storage; and

(b) prescribes —

(i) separation distances, or

(ii) a combination of separation distances and other safety measures, which are designed to ensure a standard of safety which is equivalent to that ensured by the separation distances prescribed by regulation 27 and Schedule 5.

(10) Regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 29 do not apply to explosives—

(a) seized by constables acting in the execution of their duties,

(b) received by a police force from a member of the public; or

(c) which, for reasons of public safety or protection of property, are undergoing ordnance disposal by—

(i) persons under the direction of a member of Her Majesty's Forces or civilian employees of the department of the Secretary of State having responsibility for defence authorised in writing by that Secretary of State to carry out ordnance disposal; or

(ii) persons under the direction of a constable or authorised in writing by the chief officer of police to carry out ordnance disposal.

(11) Regulation 7 does not apply to—

(a) the Executive;

(b) the ONR;

(c) a local authority;

(d) the Commissioners for Her Majesty's Revenue and Customs;

(e) a police force;

(f) a person appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 M44 (civilian staff) who is duly authorised in writing by the chief officer of police to store explosives; and

(g) a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 M45 (police staff) who is duly authorised in writing by the chief officer of police to store explosives.

(12) Regulations 7, 12 to 14, 16 to 18, 20, 23, 27, 29 and 30 do not apply to explosives seized by an inspector appointed under section 19 of the 1974 Act in the performance of the inspector's functions.

(13) Regulations 7 and 30 do not apply to—

(a) constables in the execution of their duties;

(b) customs officers in the performance of their functions; or

(c) inspectors appointed under section 19 of the 1974 Act in the performance of their functions.

(14) Regulations 8 and 39 to 42 do not apply in respect of the transfer of civil explosives to, by or on behalf of, or where, following the transfer, the explosives are in the possession of—

(a) a person exercising a power of seizure under section 74 of the Explosives Act 1875;

(b) constables acting in the execution of their duties;

(c) a person appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff) who is duly authorised in writing by the chief officer of police in respect of such transfer or possession;

(d) a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff) who is duly authorised in writing by the chief officer of police in respect of such transfer or possession;

(e) customs officers acting in the performance of their functions;

(f) the Crown in respect of any civil explosives which are intended for use for the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs;

(g) inspectors appointed under section 19 of the 1974 Act exercising their power to take possession of and detain articles or substances under section 20(2)(i) of that Act as modified by Schedule 12 to these Regulations;

(h) the Executive; or

(i) the ONR.

(15) Regulations 33, 34 and 36 do not apply to—

(a) an explosive which is transported and delivered without packaging or in a mobile explosives manufacturing unit for its direct unloading into the blast-hole;

(b) fuses, which are cord-like non-detonating igniting devices;

(c) safety fuses, which consist of a core of fine grained black powder surrounded by a flexible woven fabric with one or more protective outer coverings and which, when ignited, burn at a predetermined rate without any external explosive effect; or

(d) cap-type primers, which consist of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact and which serve as igniting elements in small arms cartridges or in percussion primers for propelling charges.

(16) In paragraph (15), “mobile explosives manufacturing unit” means a moveable unit, whether mounted on a vehicle or not, for manufacturing and charging explosives from dangerous goods that are not explosives, with the unit consisting of various tanks, bulk containers and related equipment.

(17) These Regulations apply outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 M46 .

(18) Paragraph (17) does not apply to regulations 4, 5, 31 and 32.

Marginal Citations

M38 By virtue of section 84(1) of the Health and Safety at Work etc. Act 1974, Parts I and IV of that Act extend to Northern Ireland “so far as may be necessary to enable regulations under section 15 to be made and operate for the purposes mentioned in paragraph 2 of Schedule 3. That paragraph includes, as a subject matter for such regulations, prohibiting the import into the United Kingdom of articles or substances of any specified description.

M39 1875 c.17 (38 & 39 Vict); section 74 was amended by S.I. 1974/1885 and by the Energy Act 2013 (c. 32), Schedule 12, Part 5, paragraphs 50 and 52.

M40 1964 c. 5.

M41 S.I. 1987/37, amended by S.I. 1988/712, 2005/1082 and 2014/469; there are other amending instruments but none is relevant.

M42 S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

M43 S.I. 1995/738, amended by S.I. 2002/2175; there are other amending instruments but none is relevant.

M44 2011 c.13.

M45 2012 asp 8.

M46 S.I. 2013/240.

PART 2 U.K. AUTHORISATIONS

Authorisation to acquire or acquire and keep explosives U.K.

4.—(1) An explosives certificate is a certificate certifying that the person to whom it is issued is a fit person—

(a) to acquire explosives; or

(b) to acquire and keep explosives,

in accordance with the terms of the explosives certificate.

(2) An explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

5.—(1) Subject to paragraph (3), no person may acquire any explosives unless—

(a) that person has a valid explosives certificate certifying that person to be a fit person to acquire explosives;

(b) that person acquires no more explosives than any quantity referred to in the explosives certificate;

(c) where the explosives certificate specifies the description of explosives which that person is a fit person to acquire, that person acquires only explosives of that description; and

(d) where the explosives certificate specifies purposes for which that person is a fit person to acquire explosives, that person acquires them only for those purposes.

(2) Subject to paragraph (3), no person may keep explosives unless that person—

(a) has a valid explosives certificate certifying that person to be a fit person to keep explosives;

(b) keeps no more explosives than the quantity referred to in the explosives certificate;

(c) where the explosives certificate specifies the description of explosives which that person is a fit person to keep, keeps only explosives of that description; and

(d) keeps them at any place specified in the explosives certificate.

(3) Paragraphs (1) and (2) do not apply to —

(a) the explosives as referred to in Schedule 2;

(b) pyrotechnic articles apart from those as referred to in Schedule 3; or

(c) ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M47 .

(4) For the purposes of this regulation, where a person acts as an agent to acquire a relevant explosive for another person, the agent is to be treated as if the agent, as well as that other person, had acquired the relevant explosive and the provisions of paragraph (1) accordingly apply to the agent as well as to that other person.

Marginal Citations

M47 1968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

Authorisation to manufacture explosives U.K.

6.—(1) Subject to paragraph (2), no person may manufacture explosives unless that person holds a licence for that manufacture and complies with the conditions of that licence.

(2) Paragraph (1) does not apply to—

(a) the manufacture of explosives for the purpose of laboratory analysis, testing, demonstration or experimentation (but not for practical use or supply) where the total quantity of explosives being manufactured at any time does not exceed 100 grams, but nothing in this sub-paragraph is to be taken as authorising any acquisition or keeping of explosives for which an explosives certificate is required by virtue of regulation 5, without such a certificate;

(b) the making or unmaking of small arms ammunition, or ammunition with inert projectiles intended for use in recreational or occupational firearms, or the preparation of cartridges for use with firearms which are to be used at historical re-enactment events, where the total quantity of primer and propellant used at any one time does not exceed 2 kilograms and, for these purposes, the quantity of propellant used includes propellant removed from cartridges;

(c) the preparation of shot firing charges in connection with their use;

(d) the preparation, assembly, disassembly and fusing of firework displays at the place of intended use;

(e) the preparation, assembly and fusing of fireworks, in quantities of no more than 10 kilograms at a time, at a site in relation to which a person holds a licence for the storage of explosives, for the purposes of a firework display to be put on by that person;

(f) the preparation, assembly and fusing of explosives commissioned for use in theatrical, television or cinematic special effects;

(g) the reprocessing of an explosive to form a pharmaceutical product which is not in itself an explosive substance;

(h) the mixing for immediate use of—

(i) ammonium nitrate with fuel oil; or

(ii) ammonium nitrate blasting intermediate with another substance,

at a mine or quarry to produce an explosive which is not cap-sensitive;

(i) the use of desensitised explosives in the manufacture of products which are not in themselves explosives; or

(j) the manufacture 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 a licence to manufacture explosives and that manufacture by the wholly-owned subsidiary is in accordance with the conditions of that licence.

(3) Where any of the activities in paragraph (2) for which a licence is not required are to take place at a site in relation to which a person holds a licence, the activity may only be carried out there where to do so would not result in a breach of the conditions of that licence.

(4) In this regulation—

(a) “cap-sensitive” means an explosive which gives a positive result when tested in accordance with the Series 5(a) test of the Manual of Tests and Criteria, fifth revised edition M48 , supporting the United Nations Recommendations;

(b) “quarry” has the meaning given in regulation 3 of the Quarries Regulations 1999 M49 ;

(c) “recreational or occupational firearms” means hand-held firearms intended for the shooting of—

(i) wild game, vermin or, in the course of carrying on activities in connection with the management of an estate, wildlife; or

(ii) prepared inanimate objects;

(d) “shot firing charges” means charges used in shot firing operations; and

(e) “supply” means making available with a view to distribution or use, whether by the person making it available to another and whether for reward or free of charge.

Marginal Citations

M48 ISBN 978 – 92 – 1 – 139135 – 0.

M49 S.I. 1999/2024, to which there are amendments not relevant to these Regulations.

Authorisation to store explosives U.K.

7.—(1) Subject to paragraph (2), no person may store explosives unless that person holds a licence for their storage and complies with the conditions of that licence.

(2) Paragraph (1) does not apply to—

(a) the storage of one or more of the following—

(i) no more than 10 kilograms of shooters' powder;

(ii) no more than 5 kilograms of—

(aa) shooters' powder; or

(bb) any hazard type 3 or 4 explosive, or desensitised explosive, which is not a relevant explosive, or a combination of hazard type 3 or 4 explosives, or desensitised explosives, which are not relevant explosives; or

(cc) a combination of shooters' powder and any hazard type 3 or 4 explosives, or desensitised explosives, which are not relevant explosives;

(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 is necessary and in any event no more than 5 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 is necessary and in any event no more than 5 consecutive days 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 assigned in accordance with the United Nations Recommendations the U.N. no. 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 a licence to store explosives and that storage by the wholly-owned subsidiary is in accordance with any condition of that licence.

(3) For the purposes of paragraph (2)—

(a) no more than one of the exceptions listed in subparagraphs (a) to (g) 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 they respectively relate to which may be present at a site at any one time.

(4) Where any storage to which paragraph (2) applies for which a licence is not required is to take place at a site in relation to which a person holds a licence, that storage may only take place there where to do so would not result in a breach of the conditions of that licence.

Authorisation to transfer civil explosives U.K.

8.—(1) Before any civil explosives are transferred, the consignee must obtain from the competent authority for the place where the transfer will terminate, a recipient competent authority document which grants approval for the transfer.

(2) No person may consign any civil explosives for carriage to a place outside Great Britain unless the approval of the relevant authority has been obtained.

(3) No person may consign any civil explosives for carriage unless that person is satisfied that the consignee has the recipient competent authority document required by paragraph (1).

(4) No person may carry civil explosives unless the civil explosives are accompanied by the recipient competent authority document required by paragraph (1) or a copy of that document certified by or on behalf of the consignee to be a true copy thereof.

(5) For the purposes of this regulation, any transfer of civil explosives to a place outside the area of the EEA States M50 is treated as a transfer which will terminate at the place where the civil explosives are immediately before leaving the area of the EEA States.

(6) The consignee of any civil explosives must retain the recipient competent authority document or a copy thereof for a period of 3 years from the completion of the transfer.

(7) This regulation does not apply to the transfer of any component of small arms ammunition by a person for that person's own sporting or other recreational use and not for sale, or to the transfer of such component following which the component is in the possession of a person for such purposes.

(8) Except as part of a transfer carried out in accordance with this regulation, the importation of civil explosives into the United Kingdom is prohibited.

(9) In this regulation—

(a) “competent authority” means—

(i) in respect of Great Britain, the Executive, and

(ii) in respect of Northern Ireland or a place in the territory of an EEA State other than the United Kingdom, the authority whose responsibilities are specified in Article 9 of the Civil Uses Directive;

(b) “recipient competent authority document” means a document issued in accordance with Article 9.3, 9.5, or 9.6 of the Civil Uses Directive by the competent authority of the EEA State in which the transfer will terminate; and

(c) “relevant authority” means—

(i) in respect of a transfer or part of a transfer which takes place within Great Britain, the Executive, and

(ii) in respect of a transfer or part of a transfer which takes place in Northern Ireland or a place in the territory of an EEA State other than the United Kingdom, the competent authority for each place where the transfer takes or is to take place.

Marginal Citations

M50 Council Directive 1993/15/EC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

Prohibition concerning the acquisition and supply of fireworks U.K.

9.—(1) No person may—

(a) acquire more than 50 kilograms of fireworks unless that person (“Person A”), or another person on behalf of Person A, holds a valid licence for the storage of those fireworks; or

(b) sell or otherwise transfer to any person (“Person B”) more than 50 kilograms of fireworks unless Person B shows to the person selling or otherwise transferring the fireworks a valid licence for the storage by Person B of those fireworks.

(2) This regulation does not apply to a person who is transporting fireworks on behalf of another person.

PART 3 U.K. DEFENCES IN RELATION TO REGULATIONS 5 TO 7

Defence U.K.

10.—(1) In proceedings against a person for a contravention of regulation 5(2), it is a defence for that person to prove that the keeping of explosives in contravention of that provision was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

(2) In proceedings against a person for a contravention of regulation 6(1) which involves using a building or part of a building licensed for the manufacture of explosives, for another manufacturing process not specified in the licence, it is a defence for that person to prove that—

(a) that use was temporary;

(b) that other process of manufacture involved explosive of the same, or a lower, hazard type than the explosives which the conditions of the licence permit in, as the case may be, that building or part of a building;

(c) the maximum quantity of explosives in that building or part of a building at any one time permitted under the conditions of the licence was not exceeded; and

(d) that person informed—

(i) where that person's licence was granted by the ONR, the ONR; or

(ii) otherwise, the Executive,

as soon as was reasonably practicable after the start of that use.

(3) In proceedings against a person for a contravention of regulation 7(1), it is a defence for that person to prove that the storage of explosives without a licence or in breach of a condition of a licence was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

(4) In proceedings against a person for a contravention of regulation 7(1) where it is alleged against that person that the storage concerned was for a period longer than a period (“the permitted period”) referred to in regulation 7(2)(b), (c), (d) or (e)(i) or (ii), it is for that person to prove that the storage concerned was for no longer than the permitted period.

PART 4 U.K. APPLICATIONS FOR AND GRANT OF AUTHORISATIONS

Application for and issuing of an explosives certificate to acquire or acquire and keep any relevant explosive U.K.

11.—(1) Subject to paragraphs (4) to (6), an application for an explosives certificate must be made to the chief officer of police for the relevant police force.

(2) An application for an explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

(3) A chief officer of police must issue an explosives certificate to an applicant if satisfied that the applicant is a fit person to hold an explosives certificate in accordance with any terms of that certificate.

(4) This paragraph applies with respect to an explosives certificate which would, if granted, certify only that the holder is a fit person to acquire explosives and where the person who would be the holder is not resident in Great Britain or, in the case of a body corporate, does not have a registered office or any other office in Great Britain.

(5) Where paragraph (4) applies, the application for an explosives certificate may be made by a person resident in Great Britain who has knowledge of and control over any occasion when the person to whom the certificate would relate would acquire or use explosives.

(6) An application pursuant to paragraphs (4) and (5) must be made to the chief officer of police for the police area in which the person who makes the application resides or, in the case of a body corporate, has its registered office or, if it has no registered office, its principal office.

(7) The holder of an explosives certificate must inform the chief officer of police who issued it of any change in the holder's address or, where the holder is a body corporate or partnership, of its proper address for the purposes of section 46(4) of the 1974 Act, either before or immediately after any such change occurs.

Applications for licences to manufacture or store explosives U.K.

12.  An application for a licence must be made to the licensing authority on a form approved for the time being for the purposes of this regulation by the Executive.

Grant of licences U.K.

13.—(1) A licence or a renewal of a licence may be granted—

(a) where the licensing authority is a local authority, for such period not exceeding five years as the licensing authority determines;

(b) where the licensing authority is the chief officer of police, the Executive or the ONR, for such period not exceeding five years as that licensing authority determines, save that, where the applicant for the licence or renewal of a licence has been granted an explosives certificate, the licence or renewal, as the case may be, may only be granted for any period not exceeding the due expiry date of that explosives certificate; or

(c) for any period or without a time limit in a case—

(i) to which paragraph (3) applies; or

(ii) to which paragraph (3) does not apply by virtue of paragraph (4)(d), (e), (f), or (g); or

(iii) where the application is for a licence, or a renewal of a licence, relating only to the manufacture or storage of ammonium nitrate blasting intermediate.

(2) Subject to paragraph (3), the licensing authority must grant a licence or renewal of a licence unless any of the grounds for refusing to do so referred to in regulation 20 apply.

(3) Subject to paragraph (4), where the Executive or the ONR is the licensing authority in respect of an application for a licence the procedure set out in regulation 14 applies for obtaining the assent of—

(a) the local authority, or

(b) each local authority where the proposed site which is the subject of the application for a licence is situated partly within the area of one local authority and partly within the area of another,

and the Executive or the ONR, as the case may be, must refuse to grant the licence unless the local authority, or each local authority, as the case may be, has so assented.

(4) Paragraph (3) does not apply—

(a) where—

(i) the application is for a licence to store no more than 2000 kilograms to which paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1) applies; and

(ii) the applicant has not notified the relevant licensing authority that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with;

(b) to an application for a licence relating to the manufacture of explosives by means of on-site mixing;

(c) to an application for a licence relating to the manufacture or storage of ammonium nitrate blasting intermediate;

(d) to an application for a licence relating to the manufacture or storage of explosives by a person who wishes to carry on such manufacture or storage within a part of a site where another person already holds a licence for the manufacture or storage of explosives; and either —

(i) the application relates to manufacturing or storage activities which would be permitted at that part of the site under the existing licence; or

(ii) in the opinion of the relevant licensing authority or a local authority whose assent would otherwise be required, no significant new health and safety issues are raised by the application;

(e) to an application for a licence relating to the manufacture of explosives by a police force maintained pursuant to section 2 of the Police Act 1996 M51 or sections 2 and 3 of the Police and Fire Reform (Scotland) Act 2012 M52 for their operational purposes or the training of members of that police force in relation to those purposes;

(f) to an application for a licence for the manufacture or storage of explosives at a site which, immediately before any grant of that application, is one which the disapplication in regulation 3(9) applies to and, in the opinion of the relevant licensing authority, no significant new health and safety issues are raised by the application; or

(g) to an application for a licence to follow, without a gap in time, a licence in respect of which paragraph (3) did not apply by virtue of sub-paragraph (e) or (f) and, in the opinion of the relevant licensing authority, no significant new health and safety issues are raised by the application.

(5) Every licence must include conditions which specify—

(a) the site and, within it, the places where the explosives may be stored, or, in the case of a licence to manufacture explosives, where they may be manufactured;

(b) the hazard type, if any, the description and maximum amount of explosives which may be—

(i) stored or otherwise present, or

(ii) in the case of licence to manufacture explosives, manufactured,

at any one time at any place so specified.

(6) In addition to the matters specified in paragraph (5), a licence which is granted by the relevant licensing authority in cases where the assent of the local authority was required pursuant to paragraph (3) or in cases where that assent was not required by virtue of paragraph (4)(b), (c), (d), (e), (f) or (g)—

(a) must be granted subject to such conditions as the relevant licensing authority considers appropriate which relate to separation distances;

(b) may be granted subject to such conditions as the relevant licensing authority considers appropriate which relate to—

(i) the construction, siting or orientation of any building (including any protective works around the building) where the activity will be carried on;

(ii) the activities which may be undertaken in specified buildings, rooms within those buildings, other structures or other places within the site; and

(iii) the manufacture and storage of the ingredients of explosives or articles or substances which are liable to ignite spontaneously or are flammable or otherwise dangerous in ways which could initiate or aggravate a fire or explosion,

and in this sub-paragraph—

“activity” means the manufacture or storage of explosives and includes any handling, on-site transport, testing, use and disposal of explosives and “activities” is to be construed accordingly; and

“construction” means the materials used in, and the design of, a building; and

(c) may, where both the manufacture and storage of explosives at the same site was applied for, cover both that manufacture and storage for the purposes of, respectively, regulations 6 and 7.

(7) In addition to the matters specified in paragraphs (5) and (6), where a licensing authority grants a licence which relates to the storage of pyrotechnic articles at any site where those articles are to be offered for sale, the licensing authority may attach such conditions to the licence as it considers appropriate which relate to—

(a) the storage and display of those articles in areas where they can be purchased;

(b) the prevention of risk of fire arising in respect of those articles; and

(c) the safe use of fire escapes in that area.

(8) Every person who, in a case to which paragraph (3) applies or a case to which that paragraph does not apply by virtue of paragraph (4)(c), (d), (e), (f) or (g) is granted a licence to manufacture or store explosives must ensure that the relevant licensing authority and the local planning authority in whose area the manufacture or storage takes place is, within 28 days of the licence being—

(a) granted; or

(b) varied in a way which affects the separation distances required to be maintained,

given a plan of the site and its immediate surrounding area showing the separation distances required to be maintained pursuant to the licence or varied licence.

(9) A licence granted pursuant to this regulation must be in a form approved for the time being for the purposes of this regulation by the Executive.

(10) In this regulation—

(a) “local planning authority”, in relation to an area—

(i) in England and Wales has the same meaning as it has in Part I of the Town and Country Planning Act 1990 M53 save that, where there is more than one local planning authority, it means the district planning authority for the district; and

(ii) in Scotland means the council for the local government area;

(b) “on-site mixing” means the mixing at any place of non-explosive substances or preparations to form an explosive for immediate use at that place; and

(c) “relevant licensing authority” means the Executive or the ONR (as the case may be).

Marginal Citations

M51 1996 c.16; section 2 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 4.

M52 2012 asp 8.

M53 1990 c.8. Part 1 of the Town and Country Planning Act 1990 has been amended by the Planning and Compensation Act 1991 (c. 34), Schedule 7, paragraph 9, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedule 21, paragraphs 28 and 29, the Local Government (Wales) Act 1994 (c.19), sections 18 and 19 and Schedule 18, the Environment Act 1995 (c.25), section 67 and Schedule 10, paragraph 32, Schedule 22, paragraph 42, and Schedule 24, the Greater London Authority Act 1999 (c.29), Schedule 34, the Public Audit (Wales) Act 2004 (c.23), Schedule 2, paragraph 13, the Greater London Authority Act 2007 (c.24), sections 31, 32 and 35, the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 28, the Housing and Regeneration Act 2008 (c.17), Schedule 8, paragraph 52, and Schedule 16, the Planning Act 2008 (c.29), section 190, the Localism Act 2011 (c.20), Schedule 9, paragraph 3, and Schedule 22, paragraphs 30 to 32, the Growth and Infrastructure Act 2013 (c.27), section 28, Schedule 1, paragraphs 1 and 2, and Schedule 2, paragraph 2. The amendments made by the Greater London Authority Act 1999, the Leasehold Reform, Housing and Urban Development Act 1993 and Schedule 22 to the Localism Act 2011 are not yet in force. Functions of the Secretary of State, so far as exercisable in relation to Wales, have been transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

Local authority assent procedure in relation to licence applications U.K.

14.—(1) Where this regulation applies by virtue of regulation 13(3), the relevant licensing authority must, subject to regulation 20, issue the applicant with a draft licence containing the conditions which that licensing authority proposes to attach to the licence.

(2) The applicant must as soon as reasonably practicable send a copy of the application and draft licence to the local authority in whose area the manufacture or storage is proposed to take place.

(3) Within 28 days of sending to the local authority the information specified in paragraph (2), the applicant must—

(a) cause to be published in a newspaper circulating in the locality where the manufacture or storage of explosives is proposed to take place a notice which must—

(i) give details of the application;

(ii) invite representations on matters affecting the health and safety of persons other than the applicant's employees to be made in writing to the local authority within 28 days of the date that the notice is first published; and

(iii) give an address within the area of the local authority at which a copy of the application and draft licence may be inspected and the address of the local authority to which any representations must be sent; and

(b) take other reasonable steps to give that information to every person who resides or carries on a business or other undertaking within the public consultation zone.

(4) The local authority must send a copy of any representations referred to in paragraph (3)(a)(ii) to the applicant as soon as reasonably practicable after receiving them.

(5) In considering whether to assent, the local authority must have regard only to health and safety matters.

(6) Subject to paragraph (7), the local authority must, before deciding whether to assent to the application, hold a public hearing within 4 months of the date of its receipt of the copy of the application and draft licence referred to in paragraph (2).

(7) If, after the period of 28 days referred to in paragraph (3)(a)(ii) has elapsed, the local authority has received no objection to the application, or has only received objections which in its opinion are frivolous or immaterial, it may assent to the application without holding a hearing.

(8) Not less than 28 days before the hearing referred to in paragraph (6), the local authority must publish notice of the date, time and place fixed for the hearing in a newspaper circulating in the locality and send a copy of the notice to—

(a) the applicant;

(b) any person who made representations referred to in paragraph (3)(a)(ii); and

(c) the relevant licensing authority,

within 7 days from its publication.

(9) The local authority must notify the applicant and the relevant licensing authority of its decision within 7 days of making it.

(10) If the local authority fails to—

(a) send a copy of the notice referred to in paragraph (8) to the relevant licensing authority within 3 months from the date that a copy of the application and draft licence was sent to it pursuant to paragraph (2); or

(b) notify the relevant licensing authority of its decision in accordance with paragraph (9), within 2 months from the date of publication of the notice referred to in paragraph (8),

that licensing authority may make a written request to the local authority for it to state in writing whether it assents to the application.

(11) If the local authority does not respond to the written request within 28 days from the date of the request, the local authority is deemed to have assented to the application.

(12) The applicant must pay a fee to the local authority for the performance by that authority of their functions under this regulation, which fee must not exceed the sum of the costs reasonably incurred by that authority in performing those functions.

(13) In this regulation—

(a) “applicant” means the applicant for a licence or variation of a licence, as the case may be, and “application” means that person's application; and

(b) “relevant licensing authority” has the meaning given in regulation 13(10)(c).

Registers and retention of documents U.K.

15.—(1) The licensing authority must—

(a) maintain a register in accordance with Schedule 4;

(b) keep a copy of any licence granted by it (together with a copy of the application for the licence) for as long as the licence remains valid; and

(c) (except where the Executive is the licensing authority), send to the Executive on request a copy of any part of the register or other document specified in this paragraph within such time as the Executive may direct.

(2) For the purposes of this regulation and Schedule 4, in the case to which regulation 3(9) applies disapplying regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 27, any reference to—

(a) the licensing authority or licensee is to be construed as a reference to the Secretary of State having responsibility for defence;

(b) any licence granted is to be construed as a reference to the scheme referred to in regulation 3(9);

(c) separation distances is to be construed as a reference to the separation distances prescribed in the scheme approved by the Secretary of State having responsibility for defence.

PART 5 U.K. VARIATION AND TRANSFER OF AUTHORISATIONS TO MANUFACTURE OR STORE EXPLOSIVES AND DEATH, BANKRUPTCY OR INCAPACITY OF A LICENSED PERSON

Variation of licences U.K.

16.—(1) The licensing authority which grants a licence may vary it—

(a) where there has been a change in circumstances such that the separation distances can no longer be maintained and a consequent reduction in the maximum amount of explosive that may be stored is required;

(b) (where the Executive or the ONR (as the case may be) is the licensing authority in cases where the assent of the local authority was required pursuant to regulation 13(3) , or in cases where that assent was not required by virtue of regulation 13(4)(b), (c), (d), (e), (f) or (g), before the grant of the licence) where there has been a material change in circumstances so that a variation is necessary to ensure safety; or

(c) in relation to any of the matters it relates to, by agreement with the licensee.

(2) Subject to paragraphs (7) and (8), a licence may be varied on the grounds referred to in paragraph (1)(a) or (b) without the agreement of the licensee.

(3) Where the Executive or the ONR is the licensing authority in cases where the assent of the local authority—

(a) was required under regulation 13(3) before the grant of the licence; or

(b) was not required by virtue of regulation 13(4)(f) or (g); or

(c) was required under regulation 13(3) of the 2005 Regulations, before the grant of the licence; or

(d) would have been required under regulation 13(3) of the 2005 Regulations but for the operation of regulation 27(4) or (13) of those Regulations,

the provisions of regulation 14 apply in respect of a proposed variation referred to in paragraph (4) as if the reference in regulation 14(1) to regulation 13(3) were a reference to regulation 16(3).

(4) A proposed variation for the purposes of paragraph (3) is one which—

(a) relates to changes in the permitted quantities or types of explosive as a result of which the licensee could be required to maintain a separation distance greater than the separation distance required before the variation and, in the opinion of the Executive or the ONR, as the case may be, or the local authority concerned, significant new health and safety issues are raised by that proposed variation;

(b) would increase the period of the licence by more than twelve months; or

(c) would remove the period of the licence so that it would be unlimited as to time,

and the Executive or the ONR, as the case may be, must refuse to grant a varied licence unless the local authority, or each local authority in the case referred to in regulation 13(3), has so assented.

(5) Where a licensing authority proposes to vary a licence without the agreement of the licensee it must, before taking any such action, notify the licensee of its proposed course of action and afford the licensee the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(6) Representations made for the purpose of paragraph (1) may be made in writing, or both in writing and orally.

(7) Where the licensing authority decides to vary a licence without the agreement of the licensee it must provide the licensee with written reasons for its decision.

(8) Where the licensing authority varies a licence without the agreement of the licensee, that variation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (5).

(9) In this regulation, any reference to varying a licence includes varying its conditions.

Transfer of licences U.K.

17.—(1) A licence may be transferred in writing by the licensing authority which issued the licence to any other person who wishes to manufacture or store explosives in place of the licensee and who applies to the licensing authority for the transfer.

(2) A licensing authority must grant an application for a transfer of a licence unless it is of the opinion that the applicant is not a fit person—

(a) to store explosives, in the case of an application to transfer a licence to store explosives; or

(b) to manufacture explosives, in the case of an application to transfer a licence to manufacture explosives.

(3) Where a licensing authority is of an opinion referred to in sub-paragraph (a) or (b) of paragraph (2), it must, subject to regulation 20, refuse the application to transfer the licence.

Death, bankruptcy or incapacity of a licensee U.K.

18.—(1) If a licensee dies or becomes incapacitated, a person manufacturing or storing explosives in accordance with the conditions of the first-named person's licence is to be treated as being licensed in accordance with the first named person's licence until either—

(a) the expiration of a period of 60 days starting with the date of such death or incapacity;

(b) the grant or refusal of a new licence; or

(c) the transfer of, or a refusal to transfer, a licence,

whichever is the earlier.

(2) If a licensee becomes bankrupt or, in the case of a company, goes into liquidation, administration or receivership or has a receiving order made against it, any liquidator, administrator, receiver or trustee in bankruptcy is to be treated as being the licensee.

PART 6 U.K. REFUSALS OF AUTHORISATIONS

Refusal of an explosives certificate U.K.

19.—(1) A chief officer of police must not issue an explosives certificate to a person if the chief officer of police is satisfied that the person is of unsound mind or intemperate habit.

(2) A chief officer of police must not issue an explosives certificate to a person unless the chief officer of police is satisfied that—

(a) the person has good reason for acquiring the relevant explosives;

(b) the person is a responsible person who may be permitted to acquire the relevant explosives without danger to public safety or peace;

(c) the person will take all reasonable precautions to prevent access to the relevant explosives by unauthorised persons and to prevent loss of those explosives;

(d) the person is not a prohibited person;

(e) where the person is a body corporate, no director or secretary of the body corporate, and where the person is a Scottish firm, no partner in the firm, is a prohibited person;

(f) where the application is for an explosives certificate relating only to acquisition of relevant explosives—

(i) it is not reasonably practicable for the applicant to be an occupier of a site for the storage of relevant explosives for which the person would be required to have a licence, and

(ii) either the relevant explosives will not be kept, or, if kept, the applicant will ensure that they are kept at a site where such storage is permitted pursuant to a licence or at a site occupied by the Secretary of State having responsibility for defence; and

(g) where the application is for an explosives certificate relating to the keeping of relevant explosives, either—

(i) the applicant will ensure that the relevant explosives are kept at a site where the storage is permitted pursuant to a licence;

(ii) the relevant explosives will be kept at a site occupied on behalf of the Crown, or

(iii) in the case where the applicant does not hold a licence in respect of the storage of the relevant explosives, no licence is required to be held by the applicant in respect of that storage by virtue of regulation 7(2).

Refusal of a licence and draft licence and refusal of a renewal or transfer of a licence U.K.

20.—(1) Subject to paragraphs (3) to (5), the licensing authority must—

(a) refuse an application for a licence; and

(b) where regulation 14(1) applies, refuse to issue the draft licence referred to in regulation 14(1),

where paragraph (2) applies.

(2) This paragraph applies where the licensing authority is of the opinion that—

(a) the proposed site or, within it, any place where the manufacture or storage of explosives is proposed to take place is unsuitable for that manufacture or storage; or

(b) the applicant is not a fit person—

(i) to store explosives, in the case of an application for a licence to store explosives; or

(ii) to manufacture explosives, in the case of an application for a licence to do so.

(3) Where a licensing authority proposes to refuse an application for—

(a) a licence;

(b) a renewal of a licence;

(c) a variation of a licence; or

(d) a transfer of a licence;

it must, before taking any such action, notify the applicant of its proposed course of action and afford that applicant the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(4) Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

(5) Where the licensing authority decides to refuse an application for—

(a) a licence;

(b) a renewal of a licence;

(c) a variation of a licence; or

(d) a transfer of a licence;

it must provide the applicant with written reasons for its decision.

(6) A refusal by the licensing authority, pursuant to paragraph (1), to issue the draft licence referred to in regulation 14(1) is to be treated for the purposes of these Regulations as a refusal of an application for a licence.

PART 7 U.K. REVOCATION OF AUTHORISATIONS AND APPEALS AGAINST CERTAIN DECISIONS

Revocation and expiry of an explosives certificate U.K.

21.—(1) A chief officer of police may revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that the holder was not when the explosives certificate was issued, or is no longer, a fit person to hold an explosives certificate in the terms of that explosives certificate.

(2) A chief officer of police must revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that any of the conditions in paragraph (1) or (2) of regulation 19 was not met when the explosives certificate was issued, or is no longer met.

(3) An explosives certificate ceases to be valid—

(a) 5 years after the date of issue; or

(b) after such lesser time as may be stated therein; or

(c) after notice of revocation by the chief officer of police for the relevant police force has been served on the holder of the certificate,

whichever happens first.

(4) The holder of an explosives certificate must surrender it to the chief officer of police who issued it immediately after a notice of revocation has been served on that holder under paragraph (3)(c).

Appeals and applications to the Crown Court or Sheriff U.K.

22.—(1) A person aggrieved by any decision of a chief officer of police to refuse an explosives certificate under regulation 19 or to revoke an explosives certificate under regulation 21 may appeal within 21 days of receiving notice of that decision.

(2) An appeal under this regulation in England and Wales is to be to the Crown Court and in Scotland is to be to the sheriff by way of summary application.

(3) The court hearing an appeal under this regulation may dismiss the appeal or allow the appeal and give directions to the chief officer of police to issue or restore the explosives certificate.

(4) A prohibited person may apply to the Crown Court or, in Scotland, to the sheriff by way of summary application for an order that that person is no longer a prohibited person and the court hearing any such application may make an order exempting that person from the provisions of these Regulations relating to a prohibited person.

Revocation of a licence U.K.

23.—(1) The licensing authority which grants a licence may, subject to paragraphs (3), (4), (5) and (6), revoke that licence—

(a) where there has been a change in circumstances such that the site or, within it, any place in which explosives are manufactured or stored which the licence relates to is no longer suitable for that manufacture or storage;

(b) where it appears to the licensing authority on information obtained by it after the grant of the licence that the licensee is not a fit person—

(i) to store explosives, in the case of a person licensed to store explosives; or

(ii) to manufacture explosives, in the case of a person licensed to manufacture explosives; or

(c) by agreement with the licensee.

(2) A person whose licence is revoked must ensure that—

(a) all explosives are removed from a site as soon as is practicable after revocation of a licence in respect of that site;

(b) those explosives are deposited at a site which is the subject of a licence which permits any storage resulting from that depositing, or suitable arrangements are made for those explosives to be disposed of; and

(c) the licence is returned to the licensing authority within 28 days of the date that the revocation takes effect pursuant to paragraph (6).

(3) Where a licensing authority proposes to revoke a licence, it must, before taking any such action, notify the licensee of its proposed course of action and afford that person the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(4) Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

(5) Where the licensing authority decides to revoke a licence, it must provide in writing to the licensee the reasons for its decision.

(6) Where the licensing authority revokes a licence, that revocation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (3).

PART 8 U.K. LICENCES FOR SITES WHICH CEASE TO BE, OR BECOME, ONR REGULATED SITES

Licences for sites which cease to be ONR regulated sites U.K.

24.—(1) Where this regulation applies a licence granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a licence granted by the relevant licensing authority.

(2) This regulation applies where—

(a) the site in respect of which the licence was granted ceases to be an ONR regulated site; and

(b) the licence mentioned in sub-paragraph (a) remained in force immediately before the relevant date.

(3) In this regulation—

(a) “relevant date” means, in relation to a site, the date on which the site ceased to be an ONR regulated site; and

(b) “relevant licensing authority” means the licensing authority for the site determined in accordance with Schedule 1, other than paragraph 4 of that Schedule, as if an application for a licence were to be made.

Licences for sites which become ONR regulated sites U.K.

25.—(1) Where this regulation applies a licence granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a licence granted by the ONR.

(2) This regulation applies where—

(a) the site in respect of which the licence was granted becomes an ONR regulated site; and

(b) the licence mentioned in sub-paragraph (a) remained in force immediately before the relevant date.

(3) In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.

PART 9 U.K. SAFETY OF EXPLOSIVES

Fire and explosion measures U.K.

26.—(1) Any person who manufactures or stores explosives must take appropriate measures—

(a) to prevent fire or explosion;

(b) to limit the extent of fire or explosion including measures to prevent the spreading of fires and the communication of explosions from one location to another; and

(c) to protect persons from the effects of fire or explosion.

(2) For the purposes of paragraph (1), the reference to the manufacture or storage of explosives includes a reference to any handling, on-site transport and testing of explosives which is associated with that manufacture or storage.

(3) In this regulation, “fire or explosion” means unplanned fire or explosion at the site of manufacture or storage.

Separation distances U.K.

27.—(1) Subject to paragraphs (2) and (3), every person who stores explosives at a site must ensure that the relevant separation distance prescribed by Schedule 5 is maintained between a store and a building or other place to which that Schedule applies.

(2) Paragraph (1) does not apply to—

(a) desensitised explosives; or

(b) explosives which are stored under a licence granted by the Executive or the ONR in cases—

(i) where the assent of the local authority was required pursuant to regulation 13(3); or

(ii) where that assent was not required by virtue of regulation 13(4)(c), (d), (e), (f) or (g).

(3) Paragraph (1) does not apply to the storage of explosives where the total quantity of explosives stored at a site, excluding, in the case of sub-paragraphs (c) and (e), any amount of small arms ammunition, does not exceed—

(a) 100 grams;

(b) a combined total of 5 kilograms of shooters' powder and model rocket motors;

(c) 30 kilograms of shooters' powder and 300 grams of percussion caps;

(d) 200 detonators and —

(i) 5 kilograms of water-based explosive and detonating cord; or

(ii) 5 kilograms of water-based explosive or detonating cord; or

(e) in the case of explosives kept by a police force —

(i) 16 kilograms of stun grenades; and

(ii) 4 kilograms of explosives kept for operational purposes other than the purpose referred to in paragraph (iii) but including ordnance disposal and the training of dogs for the detection of explosives; or

(iii) 30 kilograms of explosives kept solely for the purpose of gaining entry to premises; or

(iv) 30 kilograms of explosives kept solely for the purposes of ordnance disposal;

and the explosives are stored in a safe and suitable place with all due precautions for public safety.

(4) In this regulation—

(a) “model rocket motors” means explosive articles which—

(i) are assigned in accordance with the United Nations Recommendations the U.N. no. 0186, 0272, 0349, 0351 or 0471;

(ii) are intended to be used for the propulsion of model rockets or similar articles; and

(iii) in respect of each individual explosive article, contain no more than 1 kilogram of explosive; and

(b) “stun grenades” means pyrotechnic articles designed to confuse, disorientate or distract a person which are assigned in accordance with the United Nations Recommendations the U.N. no. 0431 or 0432.

Discarding or disposing of explosives and decontamination of explosive-contaminated items U.K.

28.—(1) Any person who discards or disposes of explosives or explosive-contaminated items must ensure, so far as is reasonably practicable, that they are discarded or disposed of safely.

(2) Any person who decontaminates explosive-contaminated items must ensure, so far as is reasonably practicable, that they are decontaminated safely.

Prohibitions concerning manufacture, storage and importation of certain explosives U.K.

29.—(1) Subject to paragraph (2), no pyrotechnic substance which consists of—

(a) sulphur; or

(b) phosphorus,

mixed with chlorate of potassium or other chlorates or pyrotechnic article which contains any such mixture may be manufactured, stored or imported into the United Kingdom without the approval of the Executive.

(2) In determining whether to approve for the purposes of paragraph (1), the Executive must take into account—

(a) the risk of the mixture spontaneously combusting; and

(b) the potential for the mixture to become sensitive to ignition by friction or impact.

(3) A contravention of paragraph (1) concerning importation is punishable only under the 1974 Act.

PART 10 U.K. SECURITY OF EXPLOSIVES: PREVENTING UNAUTHORISED ACCESS OR ACQISITION

Unauthorised access U.K.

30.—(1) Any person who manufactures, stores or keeps explosives must take all appropriate precautions for preventing unauthorised persons having access to—

(a) the places where those explosives are manufactured, stored or kept; or

(b) the explosives.

(2) No person may—

(a) without the permission of the licensee, enter—

(i) any store within a site;

(ii) any building used for the manufacture of explosives within a site, or

(iii) any site, or any place within it, with clearly marked boundaries at which explosives are stored or manufactured,

operating under a licence; or

(b) having so entered, refuse to leave that site when requested to do so by a constable or the licensee.

(3) Where following a request referred to in paragraph (2)(b) the person who has entered that place without permission refuses to leave that site, a constable or the licensee may remove that person from the site using reasonable force, if necessary.

(4) For the purposes of paragraphs (2) and (3)—

(a) “enter” includes entering onto a roof of a store or a building in which explosives are manufactured; and

(b) “licensee” includes an employee or agent of a licensee.

Prohibitions concerning the transfer of relevant explosives U.K.

31.—(1) No person may transfer any relevant explosive to another person (“ the transferee”) unless—

(a) the transferee has an explosives certificate certifying that the transferee is a fit person to acquire that relevant explosive;

(b) the relevant explosive is for immediate export to a transferee resident outside the United Kingdom;

(c) the explosive is for immediate transport to Northern Ireland and the transferee has police consent under regulation 11(1) of the Explosives Regulations (Northern Ireland) 1970 M54 ;

(d) the relevant explosive is for transport to an offshore installation in controlled waters as both those terms are defined in section 12 of the Mineral Workings (Offshore Installations) Act 1971 M55 ; or

(e) the transferee is a person specified in regulation 3(7) and, where those provisions apply to a specified person only in particular circumstances or for particular purposes, those circumstances or purposes are satisfied in the case of the person concerned.

(2) For the purposes of this regulation, a person who acts as agent to transfer any relevant explosive for another person is to be treated as if the person acting as agent as well as that other person had transferred that relevant explosive as principal.

(3) For the purposes of this regulation, where any relevant explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time) the relevant explosive is not to be treated as being transferred to or from a person who has possession of it only by reason of being—

(a) a carrier;

(b) a person engaged in the work of loading or unloading; or

(c) the occupier of a place it passes through while on the journey.

(4) Nothing in paragraph (1)(b), in relation to the transfer to which it refers, is to be taken as meaning that any requirement under other legislation applying in relation to that transfer does not apply.

Marginal Citations

M54 S. R. & O. (NI) No. 110, to which there are amendments not relevant to these Regulations.

M55 1971 c. 61. The definitions of “controlled waters” and “offshore installation” were substituted, in relation to England, Wales and Scotland, by S.I. 1995/738.

Restrictions on prohibited persons U.K.

32.—(1) Subject to paragraph (3), no employer may knowingly employ a prohibited person in a position where the employee handles or has control of any relevant explosive or any restricted substance.

(2) Subject to paragraph (3), no prohibited person, regardless of whether the person satisfies regulation 5, may acquire, handle or have control of any relevant explosive or any restricted substance.

(3) This regulation does not apply to the employment of, or the acquisition, keeping, handling or control of any relevant explosive or any restricted substance in the course of their duties by, members of Her Majesty's Forces.

PART 11 U.K. SECURITY OF EXPLOSIVES: TRACEABILITY, RECORDS AND REPORTING LOSS

Yn ddilys o 05/04/2015

Unique identification of civil explosives U.K.

33.—(1) Subject to paragraphs (3) and (4), any person who manufactures a civil explosive must, as soon as is practicable after that manufacture and before the civil explosive may be moved away from the site where it is manufactured—

(a) mark each civil explosive item referred to in Schedule 7 relating to the civil explosive with a unique identification in accordance with that Schedule;

(b) where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c) where a passive inert electronic tag or associated tag is applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(2) The unique identification must—

(a) comprise the components described in Schedule 6; and

(b) be marked on or firmly affixed to the civil explosive item concerned in a way which ensures that it is durable and clearly legible.

(3) Paragraph (1) does not apply where the civil explosive is manufactured for export and is marked with an identification in accordance with the requirements of the importing country for allowing traceability of the civil explosive.

(4) Where a civil explosive is subject to a further manufacturing process after its original manufacture, the manufacturer must mark each civil explosive item relating to the civil explosive subjected to that further process, with a new unique identification only if the original unique identification is no longer marked in the way that paragraph (2)(b) requires and any new marking so required must be done as soon as is practicable after that further process and before the civil explosive may be moved away from the site where it is manufactured.

(5) Subject to paragraph (6), a person who imports a civil explosive into Great Britain must, as soon as is practicable after import and before acquisition of the civil explosive by another person—

(a) mark each civil explosive item referred to in Schedule 7 relating to the civil explosive with a unique identification in accordance with that Schedule;

(b) where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c) where a passive inert electronic tag or associated tag is applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(6) Paragraph (5) does not apply where the civil explosive items are marked with a unique identification before importation.

(7) Where a distributor repackages a civil explosive, the distributor must ensure that—

(a) the civil explosive items relating to the civil explosive have the unique identification marked on or affixed to them in accordance with Schedule 7;

(b) where an associated label in respect of that marking is required by that Schedule, the label is attached in accordance with those requirements; and

(c) where a passive inert electronic tag or associated tag is applied in respect of that marking, that tag is placed in accordance with the applicable provisions of that Schedule.

(8) For the purposes of this regulation and Schedule 7—

(a) “civil explosive item” means a civil explosive article, a container containing a civil explosive substance or each smallest packaging unit containing civil explosive;

(b) “civil explosive article” means an article containing one or more civil explosive substances; and

(c) “civil explosive substance” means an explosive substance in a civil explosive.

Attribution of manufacturing site codes for civil explosives U.K.

34.—(1) This regulation applies for the purposes of the attribution of a three digit code (referred to in this regulation as the “ code”) to a site where civil explosives are manufactured, which is unique to that site and is a component of the unique identification described in Schedule 6.

(2) For each site within Great Britain at which civil explosives are manufactured—

(a) the manufacturer must apply to the Executive for it to attribute a code for the site; and

(b) the Executive must attribute the code and inform the manufacturer accordingly.

(3) For the purposes of the attribution of a code to a site where civil explosives are manufactured in a country that is not an EEA State M56 —

(a) paragraph (4) applies where the manufacturer is established in an EEA State and the place of import of the civil explosives is Great Britain;

(b) paragraph (5) applies where the manufacturer is not established in an EEA State and the place of import of the civil explosives is Great Britain; and

(c) paragraph (6) applies where the manufacturer is established in Great Britain and the place of import of the civil explosives is either Northern Ireland or an EEA State other than the United Kingdom.

(4) Where this paragraph applies—

(a) in the case where the manufacturer is established in Great Britain—

(i) the manufacturer must apply to the Executive for it to attribute a code for the site where the civil explosives are manufactured; and

(ii) the Executive must attribute the code and inform the manufacturer accordingly; and

(b) in the case where the manufacturer is established in Northern Ireland or an EEA State other than the United Kingdom—

(i) the Executive must attribute a code for the site where the civil explosives are manufactured when it receives a request from the manufacturer to do so; and

(ii) the Executive must inform the manufacturer accordingly.

(5) Where this paragraph applies—

(a) the importer must apply to the Executive for it to attribute a code for the site where the civil explosives are manufactured; and

(b) the Executive must attribute the code and inform the importer accordingly.

(6) Where this paragraph applies, the manufacturer must apply to—

(a) the Secretary of State for Northern Ireland, where the place of import of the civil explosive is Northern Ireland; or

(b) the national authority of the EEA State of import of the civil explosive,

for that Secretary of State or that national authority, as the case may be, to attribute a code for the site where the civil explosives are manufactured.

Marginal Citations

M56 Commission Directive 2008/43/EC of 4th April 2008 (OJ No. L94, 5.4.2008, p.8) applies in relation to the EEA by virtue of Decision No. 119/2010 of 10th November 2010 of the EEA Joint Committee (OJ No. L 58, 3.3.2011, p.76).

Records in relation to relevant explosives U.K.

35.—(1) Subject to paragraph (2), a person (“person A”) who acquires or keeps a relevant explosive must keep a record containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to—

(a) individuals who acquire any relevant explosive, otherwise than in connection with their work, solely for their own personal use; or

(b) a relevant explosive which is produced by mixing at any place non-explosive substances or preparations to form a relevant explosive for immediate use at that place.

(3) The information referred to in paragraph (1) is—

(a) the means of identifying the relevant explosive, including—

(i) its type;

(ii) its manufacturer;

(iii) a description of the relevant explosive and its name, product code or other information which enables the relevant explosive to be distinguished from every other explosive to which it is not identical;

(b) the total number of any explosive articles, the total nominal mass of explosive substance not contained in explosive articles or, in the case of such substances in cartridge form, the total number of cartridges;

(c) the location of the relevant explosive while it is in the possession of person A;

(d) the name and address of any person to whom the relevant explosive is transferred; and

(e) whether, while in the possession of person A, the relevant explosive has been—

(i) subjected to a further manufacturing process after its acquisition;

(ii) used;

(iii) transferred to another person; or

(iv) destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date by person A.

(5) The system applied by person A for collecting the information must be tested by person A at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person A must keep the record for a period of three years from the date when the relevant explosive concerned was used, transferred to another person or destroyed.

(7) Person A must protect the record against accidental or malicious damage or destruction.

(8) Person A must provide the enforcing authority with—

(a) information as to the origin and location of each relevant explosive to which the record relates, where the enforcing authority requests it; and

(b) the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person A which acquires or keeps any relevant explosive is to cease to trade, person A must notify the enforcing authority of that fact and offer any record still required to be kept pursuant to paragraph (6) to that authority.

(10) In paragraph (3)(a)(iii), “name” means, in relation to an explosive article or explosive substance—

(a) the name under which it is or is to be marketed; or

(b) in the case of a military explosive (within the meaning of regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M57 ), the name designated in writing for that explosive article or substance by the Secretary of State having responsibility for defence.

(11) When regulation 36 is in force, this regulation, to the extent that it concerns civil explosives to which the duty in regulation 36(1) will then apply, ceases to have effect in relation to those civil explosives.

Marginal Citations

M57 S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

Yn ddilys o 05/04/2015

Records in relation to civil explosives U.K.

36.—(1) Subject to paragraph (2), a person (“person B”) who manufactures, imports, distributes, acquires or keeps any civil explosive must, in respect of any civil explosive manufactured in, or imported into, Great Britain on or after 5th April 2015, keep a record containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to individuals who acquire any civil explosive, otherwise than in connection with their work, solely for their own personal use.

(3) The information referred to in paragraph (1) is—

(a) the means of identifying and describing the civil explosive, including—

(i) its type; and

(ii) the unique identification in relation to the civil explosive;

(b) the location of the civil explosive while it is in the possession of person B;

(c) the name and address of any person to whom the civil explosive is transferred; and

(d) whether, while in the possession of person B, the civil explosive has been—

(i) subjected to a further manufacturing process after its original manufacture;

(ii) used;

(iii) transferred to another person;

(iv) or destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date by person B.

(5) The system applied by person B for collecting the information must be tested by person B at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person B must keep the record for a period of ten years from the date when the civil explosive concerned was used, transferred to another person or destroyed.

(7) Person B must protect the record against accidental or malicious damage or destruction.

(8) Person B must provide the enforcing authority with—

(a) information as to the origin and location of each civil explosive to which the record relates, where the enforcing authority requests it; and

(b) the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person B which manufactures, imports, distributes, acquires or keeps civil explosives is to cease to trade, person B must notify the enforcing authority of that fact and provide any record still required to be kept pursuant to paragraph (6) to that authority, who must keep that record for the remainder of the period referred to in that paragraph.

Reporting loss U.K.

37.—(1) Any person who acquires possession of, keeps, loads, unloads or transports any relevant explosive or is the occupier of a place where it is loaded or unloaded while on a journey must ensure that the loss of any relevant explosive is reported forthwith—

(a) to the chief officer of police for the police area in which the loss occurs; or

(b) if it is not known where the loss occurred, to the chief officer of police for the police area in which the loss is discovered, or

(c) if the loss occurs or is discovered outside Great Britain, to any chief officer of police.

(2) Where the person required by paragraph (1) to ensure the reporting of a loss is a person who had acquired possession of the relevant explosive or was keeping it, that person must also confirm the report in writing without delay including the following information (whether or not previously supplied orally)—

(a) the date and time that the loss was first discovered;

(b) the place at which that discovery was made;

(c) a description of each type of relevant explosive that has been lost sufficient to distinguish that type from other explosives which are similar but not identical;

(d) for each type lost—

(i) the number of articles lost, or

(ii) the total nominal mass of each type of explosive substance lost, except that in the case of a substance in cartridge form, the number of cartridges lost may be given.

(3) Any person who transports, loads or unloads relevant explosive or is the occupier of a place where it is loaded or unloaded must also report the loss of any relevant explosive without delay to the consignor or, if the consignor is outside the United Kingdom, to the consignee.

(4) Any person making a report under paragraph (3) must provide the consignor or consignee with any information in the possession of the person making the report which the consignor or consignee needs to comply with paragraph (5).

(5) Any consignor or consignee to whom a loss is reported under paragraph (3) must without delay notify the loss in writing to the chief officer of police for the police area in which the loss was discovered, and also (if different) the chief officer of police who issued any explosives certificate held by the consignor or consignee which relates to the relevant explosive the loss of which has been so reported, giving the information listed in paragraph (2).

(6) Employees must inform their employer without delay if they become aware of any loss of any relevant explosive which their employer must report.

(7) Where any loss of a relevant explosive occurs at a site in relation to which the Executive is the licensing authority by virtue of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the Executive.

(8) Where any loss of a relevant explosive occurs at a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the ONR.

(9) The person required by paragraph (1) to ensure that a loss is reported must maintain adequate systems for ensuring that any loss of a relevant explosive is detected.

(10) That system must be tested by that person at regular intervals to ensure its effectiveness.

(11) In determining whether any relevant explosive is lost for the purposes of this regulation, no account is to be taken of any relevant explosive in respect of which it can be shown that the cause was not theft and that the relevant explosive no longer exists.

PART 12 U.K. SECURITY PROVISIONS IN RELATION TO PLASTIC EXPLOSIVES

Prohibitions in relation to unmarked plastic explosive U.K.

38.—(1) No person may manufacture any plastic explosive, the finished product of which is unmarked.

(2) No person may be in possession, nor transfer possession, of any unmarked plastic explosive.

(3) Paragraph (2) does not apply to a plastic explosive that is in the process of being manufactured.

(4) No person may import any unmarked plastic explosive into the United Kingdom.

(5) For the purposes of this regulation, a plastic explosive is marked if, at the time of its manufacture, it, or a sample of the plastic explosive, contains a detection agent of at least the concentration specified in the corresponding entry for that detection agent in column 2 of the Table in Part 2 of Schedule 8, whether that detection agent is introduced during the process of manufacture of the plastic explosive for the purpose of making the plastic explosive detectable or as a result of the normal formulation of that plastic explosive.

(6) In this regulation—

(a) “detection agent” means a substance named in column 1 of the Table in Part 2 of Schedule 8;

(b) “plastic explosive” has the meaning given by Part 1 of Schedule 8; and

(c) “unmarked” is to be construed in accordance with paragraph (5).

PART 13 U.K. PLACING ON THE MARKET OF CIVIL EXPLOSIVES

Placing on the market of civil explosives U.K.

39.—(1) No person may place any civil explosives on the market unless—

(a) the civil explosives satisfy such of the essential safety requirements as apply to those civil explosives; and

(b) the conformity of the civil explosives to the requirements of this Part has been attested in accordance with regulation 40; and

(c) the CE marking has been affixed to the civil explosives in accordance with regulation 42.

(2) For the purposes of paragraph (1), civil explosives are to be treated as satisfying the essential safety requirements if they conform to any relevant national standard.

(3) For the purposes of this regulation, “national standard” means a standard of a member State—

(a) which transposes a relevant harmonised standard; and

(b) the reference number of which has been published by that member State pursuant to Article 4.1 of the Civil Uses Directive.

(4) For the purpose of this regulation, civil explosives are placed on the market when they are first supplied or made available to any person with a view to their distribution or use within an EEA state M58 or are imported, except with a view to re-export, from outside the area of the EEA states, and “place on the market” is to be construed accordingly.

(5) In this regulation, “the essential safety requirements” means the requirements listed in Schedule 9.

Marginal Citations

M58 Council Directive 93/15/EEC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

Conformity attestation U.K.

40.—(1) For the purposes of regulation 39(1)(b), the procedure for attesting conformity of civil explosives to the requirements of this Part must be—

(a) EC type examination (Module B) referred to in Annex II(1) together with—

(i) type conformity (Module C) referred to in Annex II(2), or

(ii) production quality assurance (Module D) referred to Annex II(3), or

(iii) product quality assurance (Module E) referred to in Annex II(4), or

(iv) product verification (Module F) referred to in Annex II(5); or

(b) unit verification (Module G) referred to in Annex II(6).

(2) In paragraph (1), a reference to a numbered Annex is a reference to the Annex to the Civil Uses Directive so numbered as amended from time to time.

Notified bodies U.K.

41.—(1) The Secretary of State may from time to time appoint in writing such qualified bodies as the Secretary of State thinks fit to be notified bodies for the purposes of this Part.

(2) An appointment under this regulation may relate to all or any description or class of civil explosives, may be subject to conditions or to limit of time, and may be revoked in writing at any time.

(3) For the purposes of this regulation a body is qualified if it meets the criteria set out in Annex III (minimum criteria to be taken into account by member States for the notification of bodies) or if it meets the assessment criteria laid down by a relevant harmonised standard.

(4) The Secretary of State must—

(a) notify the Commission and the other EEA States of any body appointed under this regulation;

(b) revoke the appointment of any such body if it appears to the Secretary of State that that body is no longer qualified; and

(c) notify the Commission and the other EEA States of the revocation of any such appointment.

(5) A body appointed by the Secretary of State under this regulation, after agreeing with the applicant any fee in respect of the work to be undertaken by it, is to perform the functions of a notified body under the Civil Uses Directive.

(6) For the purposes of this regulation—

(a) “notified body” means a body notified to the Commission by a member State pursuant to Article 6.2 of the Civil Uses Directive; and

(b) the reference to a numbered Annex has the same meaning as in regulation 40(2).

CE marking U.K.

42.—(1) For the purposes of regulation 39(1)(c), the CE marking is properly affixed if—

(a) it is visible, easily legible and indelible; and

(b) it is of a durable nature such that it will remain visible, easily legible and indelible during normal transport or storage; and

(c) it is affixed either—

(i) to the civil explosives themselves, or, where that is not practicable,

(ii) to an identification plate which is attached to the civil explosives and which is so designed as to make its re-use impossible, or,

(iii) where neither of the above is practicable, to the packaging of the civil explosives; and

(d) in the case of civil explosives which are subject to any EU Directive other than the Civil Uses Directive, the requirements imposed by virtue of that other Directive have also been complied with in respect of those civil explosives.

(2) No person may affix to any civil explosives the CE marking or any marking or inscription which is liable to be confused with the CE marking except by properly affixing the CE marking to civil explosives which satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39.

(3) The CE marking must be in the form shown in Schedule 10.

PART 14 U.K. ENFORCEMENT OF THE REGULATIONS

Enforcement within Great Britain U.K.

43.  Schedule 11, which makes provision —

(a) determining the enforcing authority for these Regulations as they apply within Great Britain; and

(b) determining the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999 M59 as it applies to the manufacture and storage of explosives,

has effect.

Yn ddilys o 05/04/2015

Enforcement outside Great Britain U.K.

44.  The Executive is the enforcing authority for these Regulations as they apply in any area outside Great Britain.

Enforcement powers in relation to regulation 8 and Part 13 U.K.

45.  Schedule 12, which makes provision as to enforcement powers in relation to regulation 8 and Part 13, has effect.

PART 15 U.K. POWER TO GRANT EXEMPTIONS AND MISCELLANEOUS PROVISIONS

Exemptions U.K.

46.—(1) Subject to paragraphs (2) and (4), the Executive may, by a certificate in writing, exempt any person or class of persons or any explosive or class of explosives from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to such conditions and to a limit of time and may be revoked by the Executive by a certificate in writing at any time.

(2) The Executive must not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any enactment which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the security of explosives will not be prejudiced.

(3) Subject to paragraph (4), the Secretary of State having responsibility for defence may, in the interests of national security, by a certificate in writing, exempt any person or class of persons, any headquarters or any explosive or class of explosives from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by that Secretary of State by a certificate in writing at any time.

(4) The power to exempt in paragraph (1) or (3) does not apply to regulations 8, 33, 34, 36 and 38 to 42.

Savings and transitional provisions U.K.

47.—(1) A licence granted under regulation 13 of the 2005 Regulations or deemed to have been so granted by virtue of regulation 27(1) of those Regulations which was valid immediately before the relevant date is deemed to be a licence granted under regulation 13 of these Regulations and continues in force, despite the revocation of the 2005 Regulations by these Regulations, on its existing terms and conditions, subject to—

(a) any variation under regulation 16(1)(a) to (c) of these Regulations; or

(b) its expiry on the date it was due to expire or its revocation under regulation 23 of these Regulations, whichever is the sooner.

(2) A registration granted under regulation 11 of the 2005 Regulations which was valid immediately before the relevant date is deemed to be a licence granted under regulation 13 of these Regulations and continues in force, despite the revocation of the 2005 Regulations by these Regulations, on its existing terms until the date it was due to expire or its revocation under regulation 23, whichever is the sooner.

(3) Where an application for a licence or variation of a licence under the 2005 Regulations has been made to, and received by, the licensing authority before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for a licence or, as the case may be, a variation of a licence under, respectively, regulation 12 or regulation 16 of these Regulation and the provisions of these Regulations apply to the application accordingly, subject to paragraph (4) in respect of cases to which the requirements of regulations 13(3) and 14 of the 2005 Regulations applied.

(4) In relation to the application of the requirements of regulations 13(3) and 14 of these Regulations to an application referred to in paragraph (3)—

(a) a draft licence issued by the Executive or the ONR to the applicant under regulation 14(1) of the 2005 Regulations before the relevant date is deemed to be a draft licence for the purposes of regulation 14(1) of these Regulations;

(b) a notice under regulation 14(3) or (8) of the 2005 Regulations which has been published before the relevant date in respect of the application is deemed to be a notice for the purposes of, respectively, regulation 14(3) or (8) of these Regulations;

(c) if a public hearing for the purposes of regulation 14 of the 2005 Regulations would be held or continue to be held on or after the relevant date, it may continue to be so held and is deemed to be a hearing for the purposes of regulation 14 of these Regulations;

(d) the assent to the application by the local authority pursuant to regulation 14 of the 2005 Regulations, or the assent by both local authorities to the application where the assent of both is required under that regulation, given before the relevant date is deemed to be assent for the purposes of regulations 13(3) and 14 of these Regulations.

(5) An explosives certificate granted under regulation 4 of the 1991 Regulations which was valid immediately before the relevant date is deemed to be an explosives certificate granted under regulation 11 of these Regulations and continues in force, notwithstanding the revocation of the 1991 Regulations by these Regulations, on its existing terms until the date it was due to expire or its revocation under regulation 21, whichever is the sooner.

(6) Where an application for an explosives certificate under the 1991 Regulations has been made to, and received by, the chief officer of police for the relevant police force before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for an explosives certificate under regulation 11 of these Regulations and the provisions of these Regulations apply to the application.

(7) Despite the revocation of the 1993 Regulations by these Regulations, a recipient competent authority document issued under the 1993 Regulations which was valid immediately before the relevant date is deemed to be a valid recipient competent authority document for the purposes of regulation 8 of these Regulations.

(8) Where an application for a recipient competent authority document under the 1993 Regulations has been made to, and received by, the Executive before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for a recipient competent authority document under regulation 8 of these Regulations and the provisions of these Regulations apply to the application.

(9) In relation to the application of these Regulations to the storage of ammonium nitrate blasting intermediate by virtue of regulation 2(2), where a person is storing ammonium nitrate blasting intermediate on the relevant date, regulations 7, 12, 13, 14, 16 to 18, 20 and 23 do not apply to that storage by that person until 1st October 2017.

(10) Paragraph (11) applies to a person who, immediately before the relevant date, held—

(a) a licence granted under regulation 13 of the 2005 Regulations; or

(b) a registration granted under regulation 11 of the 2005 Regulations,

which, in either case, is deemed to be a licence granted under regulation 13 of these Regulations by virtue of, respectively, paragraph (1) or (2) of this regulation and, in respect of that licence or registration, was subject to the requirements of regulation 5 of the 2005 Regulations.

(11) A person to whom this paragraph applies is not subject to the requirements of regulation 27 until the later of—

(a) 1st October 2015; or

(b) the expiry of the licence or registration, as the case may be, deemed to be a licence under, respectively, paragraph (1) or (2); and

until that later date, that person must continue to comply with the requirements of regulation 5 of the 2005 Regulations.

(12) Where the storage of explosives at any place—

(a) was immediately before the relevant date exempt from the requirement for a licence under the 2005 Regulations by virtue of an exemption certificate granted under regulation 26 of those Regulations; and

(b) is not storage to which regulation 3(9) of these Regulations relates,

the person doing that storing is deemed to hold a licence granted by the Executive under regulation 13 with an expiry date of 1st October 2016.

(13) Paragraph (14) applies to a person who, immediately before the relevant date, acquires or is keeping explosives which do not require an explosives certificate under the 1991 Regulations but which do under these Regulations.

(14) A person to whom this paragraph applies is deemed to hold an explosives certificate under these Regulations which permits the acquiring and keeping of the explosives referred to in paragraph (13) until 1st October 2016.

(15) The amendments made by the 2005 Regulations to—

(a) the Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956 M60 ; and

(b) the Miscellaneous Mines (Explosives) Regulations 1959 M61 ,

continue to have effect despite the revocation of the 2005 Regulations by these Regulations.

(16) The amendments made by the Explosives Act 1875 and 1923 Etc. (Repeals and Modifications) (Amendment) Regulations 1974 M62 (“the Amendment Regulations”) to the Explosives Act 1875 and 1923 Etc. (Repeals and Modifications) Regulations 1974 M63 continue to have effect despite the revocation of the Amendment Regulations by these Regulations.

(17) In this regulation—

(a) “the 1991 Regulations” means the Control of Explosives Regulations 1991 M64 ;

(b) “the 1993 Regulations” means the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 M65 ;

(c) “recipient competent authority document” has the same meaning as in regulation 8(9); and

(d) “relevant date” means 1st October 2014.

Marginal Citations

M60 S.I. 1956/1943, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

M61 S.I. 1959/2258, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

M62 S.I. 1974/2166.

M63 S.I. 1974/1855, amended by S.I. 1974/2166; there are other amending instruments but none is relevant.

M64 S.I. 1991/1531, to which there are amendments not relevant to these Regulations.

M65 S.I. 1993/2714, to which there are amendments not relevant to these Regulations.

Repeals, revocations and amendments U.K.

48.—(1) The primary legislation specified in Part 1 of Schedule 13 and the secondary legislation specified in Part 2 of that Schedule is amended in accordance with the provisions of that Schedule.

(2) The primary legislation specified in column 1 of Part 1 of Schedule 14 is repealed to the extent specified in column 3 of that Schedule.

(3) The secondary legislation specified in column 1 of Part 2 of Schedule 14 is revoked to the extent specified in column 3 of that Schedule.

Review U.K.

49.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how other member States have implemented—

(a) Council Directive 93/15/EC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses M66 , as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29th September 2003 M67 , Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11th March 2009 M68 and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012 M69 which are implemented by these Regulations; and

(b) Commission Directive 2008/43/EC of 4th April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses M70 as amended by Commission Directive 2012/4/EU M71 , which are implemented by these Regulations.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with 1st October 2014.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Marginal Citations

M66 OJ No. L 121, 15.5.1993, p.20.

M67 OJ No. L 284, 31.10.2003, p. 1.

M68 OJ No. L 87, 31.3.2009 p. 109.

M69 OJ No. L 316, 14.11.2012, p. 12.

M70 OJ No. L 94, 5.4.2008, p.8.

M71 OJ No. L 50, 23.2.2012, p.18.

Signed by authority for the Secretary of State for Work and Pensions

Mike Penning

Minister of State

Department for Work and Pensions

23rd June 2014