The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006

Application

3.—(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) 1995(1).

(2) Regulation 8 shall not apply to—

(a) a constable in the execution of his duties;

(b) an inspector appointed under section 53 of the 1875 Act 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 2000(2) 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) 1970(3) or any regulations made under it.

(1)

S.R. 1995 No. 340.

(2)

2000 c. 32.

(3)

1970 c. 10.