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.