PART IINTRODUCTION

ApplicationI13

1

Regulations 4 to 24 shall not apply to—

a

any activity to which regulations 3(2) and (3), 6 to 8, and 19 to 24 of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995 apply;

b

any activity to which the Carriage of Explosives Regulations (Northern Ireland) 2006 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 shall include—

i

the construction, reconstruction or conversion of a ship outside, but not inside, Northern Ireland; and

ii

the repair of a ship except repair when carried out in dry dock;

d

the transport of explosives by air; and

e

an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 199512.

2

Regulation 8 shall not apply to—

a

a constable in the execution of his duties;

b

an inspector appointed under F1...or Article 21 of the 1978 Order in the performance of his functions; and

c

an officer of Revenue and Customs in the performance of his functions.

3

Regulation 10 shall not apply to—

a

an inspector appointed under Article 21 of the 1978 Order;

b

Commissioners for Her Majesty’s Revenue and Customs;

c

a police force; and

d

a person employed as mentioned in section 4 of the Police (Northern Ireland) Act 200013 who is duly authorised in writing by the Chief Constable to store explosives.

4

Regulations 5 and 9 to 20 shall not apply to the manufacture or storage of explosives at any site under the control of the Secretary of State for Defence, or held for the purpose of a visiting force or headquarters, under a scheme approved by him 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 5 and Schedule 1.

5

Regulations 5 to 20 and 23 shall not apply to explosives—

a

seized by a constable in the execution of his 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 persons under the direction of a member of Her Majesty’s Forces or civilian employees of the Ministry of Defence authorised in writing by the Secretary of State for Defence to carry out ordnance disposal.

6

In relation to the application of these Regulations to ammonium nitrate blasting intermediate by virtue of regulation 2(2), regulation 10 shall not apply to the storage of ammonium nitrate blasting intermediate.

7

These Regulations shall not derogate from the provisions of the Explosives Act (Northern Ireland) 197014 or any regulations made under it.