The Explosives Regulations 2014

1.—(1) In this Schedule— U.K.

“brick-built” means having an outer structure which is wholly or mainly of brick, concrete, stone or other similar material;

“bridleway” has the meaning given in the Highways Act 1980 M1 ;

“curtain walling” means the glass, masonry or other cladding which is suspended from the structural framework of a building;

“dangerous goods” means dangerous goods to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M2 apply;

“distance”, save in the definition of “reference zone”, means the minimum distance;

“footpath” has the meaning given in the Highways Act 1980;

“footway” has the meaning given in the Highways Act 1980;

“lightly-used road” means a road used ordinarily by more than 20 and no more than 500 vehicles every 24 hours;

“major road” means a road used ordinarily by more than 10,000 vehicles every 24 hours;

“metal-built” means built wholly or mainly of steel or other metal;

“minor road” means a road used ordinarily by more than 500 vehicles every 24 hours, other than a major road;

“mounded” means surrounded by suitable mounds;

“place of public resort” means a place where more than 100 persons are present, or are likely to be present, at any one time on a weekly or more frequent basis;

“processing” means 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;

“protected place of Class A” means a—

(a)

bridleway;

(b)

footpath;

(c)

footway;

(d)

lightly used road; or

(e)

waterway;

“protected place of Class B” means a—

(a)

dock;

(b)

jetty;

(c)

minor road;

(d)

pier;

(e)

railway line;

(f)

reservoir;

(g)

river wall;

(h)

runway for the use of aircraft; or

(i)

sea wall;

“protected place of Class C” means a —

(a)

major road; or

(b)

place of public resort;

“protected place of Class D” means—

(a)

a building, whether a dwelling or not, but not including a vulnerable building;

(b)

a place, other than a building to which paragraph (a) applies, that is used for the storage in bulk of dangerous goods other than goods which are explosives; or

(c)

a place, not within the site where the explosives are stored and other than a building to which paragraph (a) applies, that is used for—

(i)

the storage of explosives; or

(ii)

the manufacture or processing of explosives;

“protected place of Class E” means a vulnerable building;

“protected place of Class F” means a building within the site where the explosives are stored, other than—

(a)

a building that is occupied by a person other than the licensee;

(b)

a building that is a vulnerable building;

(c)

a building that is normally occupied by more than 20 people; or

(d)

a building that is used for the storage in bulk of dangerous goods other than goods which are explosives;

“protected place of Class G” means a building or other place within the site where the explosives are stored that is used for the storage of explosives;

“protected place of Class H” means a building or other place within the site where the explosives are stored that is used for the manufacture or processing of explosives;

“reference zone” means the area around a store having the radius from the centre point of the store specified in column 2 of the relevant Supplementary Table;

“road” means any thoroughfare on which the movement of vehicles is allowed; and

“vulnerable building” means a building or structure of vulnerable construction, that is to say—

(a)

a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling with individual glazed or frangible panels larger than 1.5 m² and extending over more than 50% or 120 m² of the surface of any elevation;

(b)

a building of more than three storeys above ground or 12 m in height with solid walls and individual glass panes or frangible panels larger than 1.5 m² and extending over at least 50% of any elevation;

(c)

a building of more than 400 m² plan area with continuous or individual glazing panes larger than 1.5 m² extending over at least 50% or 120 m² of the plan area; or

(d)

any other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such as progressive collapse.

(2) Any reference in this Schedule to a thoroughfare (however described), jetty, pier, waterway or railway line does not include any part of a thoroughfare, jetty, pier, waterway or railway line within the site—

(a) in which the store is situated; and

(b) which are occupied by the person storing the explosives.

(3) Subject to paragraph 8, any reference in this Schedule to “store” is to the store mentioned in regulation 27(1) in relation to which separation distances are required by that provision to be maintained.

(4) Any reference in this Schedule to a quantity of explosives shown in column 1 of a Table is to—

(a) a quantity in a store; or

(b) in cases where sub-paragraph (b) of paragraph 7 is being relied on, the sum total of the quantity of explosives in a store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies,

which is more than the lower figure but not more than the higher figure in column 1 in the same row of the Table.

(5) Any reference in this Schedule to a building is to a building in or at which people are, or are likely to be, present either all the time or from time to time.

(6) For the purposes of this Schedule, where explosives of different hazard types are in one store, the explosives must be treated as belonging to the hazard type which would require the greatest separation distance for the total quantity of those explosives and the separation distance must be determined in relation to that total quantity.

(7) For the purposes of this Schedule, the radius for a reference zone applying in a particular case is the number in the entry in column 2 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table.

(8) For the purposes of this Schedule, any reference to “bridleway”, “footpath”, “footway” or “waterway” does not include, respectively, a bridleway, footpath, footway used, or waterway navigated, by no more than, ordinarily, 20 persons in any 24 hour period.

(9) For the purposes of this Schedule, an area of low population density is an area where the maximum number of dwellings in a reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table.

(10) Save as stated in paragraph (c) of the definition of “protected place of Class D” and subject to sub-paragraph (2), the references to the places referred to in the definitions from “protected place of Class A” to the definition of “protected place of Class E” are references to such places whether within a site or outside it.

Marginal Citations

M1 1980 c. 66; “bridleway”, “footpath” and “footway” are defined in section 139.

M2 S.I. 2009/1348, to which there are amendments not relevant to these Regulations.