Regulation 5(1)
1.—(1) In this Schedule—N.I.
“brick-built” means having an outer structure which is wholly or mainly of brick, concrete, stone or other similar material;
“distance”, except in the definition of “reference zone”, means the minimum distance;
“footpath” has the same meaning as in the Roads (Northern Ireland) Order 1993(1);
“footway” has the same meaning as in the Roads (Northern Ireland) Order 1993;
“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;
“reference zone” means the area around a store having the radius from the centre point of the store specified in column 5 of the relevant Table;
“road” means any thoroughfare on which the movement of vehicles is allowed; and
“vulnerable building” means a building of 4 storeys or more above ground with a curtain-wall construction, that is to say where the masonry, glass or other cladding is suspended from the structural framework of the building.
(2) Any reference in this Schedule to a railway line, thoroughfare (however described) or waterway does not include any part of a railway line, thoroughfare or waterway within the site—
(a)in which the store is situated; and
(b)which is occupied by the person storing the explosives.
(3) Any reference in this Schedule to a quantity of explosives shown in column 1 of a Table is to a quantity stored which is more than the lower figure but not more than the higher figure in column 1 in the same row of the Table.
(4) 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.
(5) For the purpose of this Schedule, where explosives of different hazard types are in one store, the explosives shall 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 shall be determined in relation to that total quantity.
(6) For the purpose of this Schedule, the radius for a reference zone applying in a particular case is the number in the entry in column 5 of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.
(7) For the purpose of this Schedule, any reference to “footpath”, “footway” or “waterway” does not include, respectively, footpath or footway used, or waterway navigated, by no more than, ordinarily, 20 persons every 24 hours.
Commencement Information
I1Sch. 1 para. 1 in operation at 1.12.2006, see reg. 1
2. Where the storage is of—N.I.
(a)Hazard Type 1 explosive in a brick-built mounded store, Table 1;
(b)Hazard Type 1 explosive in a brick-built unmounded store, Table 2;
(c)Hazard Type 1 explosive in a metal-built mounded store, Table 3;
(d)Hazard Type 1 explosive in a metal-built unmounded store with no detonator annex attached, Table 4;
(e)Hazard Type 1 explosive in a metal-built unmounded store with a detonator annex attached, Table 5;
(f)Hazard Type 2 explosive, some or all items being of more than 0.7 kilograms net mass, Table 6;
(g)Hazard Type 2 explosive, every item being of 0.7 kilograms net mass or less, Table 7;
(h)Hazard Type 3 explosive, Table 8; or
(i)Hazard Type 4 explosive, Table 9,
shall apply and any reference in this Schedule to a relevant Table is a reference to the Table which applies by virtue of this paragraph.
Commencement Information
I2Sch. 1 para. 2 in operation at 1.12.2006, see reg. 1
3. Subject to paragraphs 4 and 5, the distance between a store and any building, place of public resort or major road shall be the distance specified in the entry in column 2 of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.N.I.
Commencement Information
I3Sch. 1 para. 3 in operation at 1.12.2006, see reg. 1
4. Subject to paragraph 5, where—N.I.
(a)Table 1, 3, 4 or 5 applies; and
(b)the number of dwellings in the reference zone is greater than the number specified in the entry in column 6 of the Table corresponding to the quantity of explosives shown in column 1 of the Table,
the distance between the store and any dwelling shall be the distance (if any) specified in the corresponding entry in column 3 of the Table.
Commencement Information
I4Sch. 1 para. 4 in operation at 1.12.2006, see reg. 1
5. The distance between a store and any vulnerable building shall be the distance (if any) specified in the column headed “Vulnerable building distance” corresponding to the quantity of explosives shown in column 1 of the relevant Table.N.I.
Commencement Information
I5Sch. 1 para. 5 in operation at 1.12.2006, see reg. 1
6. The distance between a store and—N.I.
(a)any minor road or railway line shall be half; and
(b)any footpath, footway, lightly-used road or waterway shall be one-third,
the distance shown in column 2 of the Table corresponding to the quantity of explosives shown in column 1 of the Table.
1 | 2 | 3 | 4 | 5 | 6 |
---|---|---|---|---|---|
Quantity of explosives (kilograms) | Low density distance (metres) | High density distance (metres) | Vulnerable building distance (metres) | Reference zone radius (metres) | Maximum number of dwellings in reference zone |
0.1–25 | 101 | — | 101 | — | — |
25–50 | 107 | — | 107 | — | — |
50–75 | 112 | — | 112 | — | — |
75–100 | 118 | — | 118 | — | — |
100–150 | 128 | 142 | 128 | 257 | 81 |
150–200 | 139 | 156 | 139 | 278 | 96 |
200–300 | 161 | 180 | 161 | 322 | 128 |
300–400 | 183 | — | 183 | — | — |
400–450 | 193 | — | 193 | — | — |
450–500 | 204 | — | 204 | — | — |
500–600 | 204 | — | 216 | — | — |
600–700 | 204 | 231 | 238 | 408 | 206 |
700–800 | 204 | 238 | 260 | 408 | 206 |
800–900 | 204 | 245 | 280 | 408 | 206 |
900–1000 | 204 | 250 | 300 | 408 | 206 |
1000–1100 | 204 | 255 | 319 | 408 | 206 |
1100–1200 | 204 | 259 | 337 | 408 | 206 |
1200–1300 | 204 | 263 | 354 | 408 | 206 |
1300–1400 | 204 | 266 | 370 | 408 | 206 |
1400–1500 | 204 | 269 | 386 | 408 | 206 |
1500–1600 | 204 | 272 | 402 | 408 | 206 |
1600–1700 | 208 | 274 | 416 | 416 | 214 |
1700–1800 | 215 | 277 | 431 | 431 | 229 |
1800–1900 | 222 | 279 | 444 | 444 | 244 |
1900–2000 | 229 | 281 | 458 | 458 | 259 |
1 | 2 | 3 |
---|---|---|
Quantity of explosives (kilograms) | Low density distance (metres) | Vulnerable building distance (metres) |
0.1–25 | 141 | 141 |
25–50 | 160 | 160 |
50–75 | 180 | 180 |
75–100 | 199 | 199 |
100–150 | 230 | 230 |
150–200 | 256 | 256 |
200–300 | 293 | 293 |
300–400 | 320 | 320 |
400–450 | 331 | 331 |
450–500 | 340 | 340 |
500–600 | 355 | 355 |
600–700 | 367 | 367 |
700–800 | 377 | 377 |
800–900 | 385 | 385 |
900–1000 | 392 | 392 |
1000–1100 | 398 | 398 |
1100–1200 | 403 | 403 |
1200–1300 | 408 | 408 |
1300–1400 | 412 | 412 |
1400–1500 | 415 | 415 |
1500–1600 | 418 | 418 |
1600–1700 | 421 | 421 |
1700–1800 | 424 | 431 |
1800–1900 | 426 | 444 |
1900–2000 | 428 | 458 |
1 | 2 | 3 | 4 | 5 | 6 |
---|---|---|---|---|---|
Quantity of explosives (kilograms) | Low density distance (metres) | High density distance (metres) | Vulnerable building distance (metres) | Reference zone radius (metres) | Maximum number of dwellings in reference zone |
0.1–25 | 34 | 45 | 40 | 68 | 6 |
25–50 | 37 | 45 | 48 | 74 | 7 |
50–75 | 40 | 45 | 54 | 80 | 8 |
75–100 | 43 | 48 | 66 | 86 | 9 |
100–150 | 49 | 55 | 86 | 97 | 12 |
150–200 | 54 | 62 | 104 | 109 | 15 |
200–300 | 68 | 76 | 136 | 136 | 23 |
300–400 | 83 | — | 165 | — | — |
400–450 | 89 | — | 178 | — | — |
450–500 | 96 | — | 191 | — | — |
500–600 | 108 | — | 216 | — | — |
600–700 | 119 | — | 238 | — | — |
700–800 | 130 | — | 260 | — | — |
800–900 | 140 | — | 280 | — | — |
900–1000 | 150 | — | 300 | — | — |
1000–1100 | 159 | — | 319 | — | — |
1100–1200 | 168 | — | 337 | — | — |
1200–1300 | 177 | — | 354 | — | — |
1300–1400 | 185 | — | 370 | — | — |
1400–1500 | 193 | — | 386 | — | — |
1500–1600 | 201 | — | 402 | — | — |
1600–1700 | 208 | — | 416 | — | — |
1700–1800 | 215 | — | 431 | — | — |
1800–1900 | 222 | — | 444 | — | — |
1900–2000 | 229 | — | 458 | — | — |
1 | 2 | 3 | 4 | 5 | 6 |
---|---|---|---|---|---|
Quantity of explosives (kilograms) | Low density distance (metres) | High density distance (metres) | Vulnerable building distance (metres) | Reference zone radius (metres) | Maximum number of dwellings in reference zone |
0.1–10 | 23 | 30 | 40 | 46 | 3 |
10–20 | 29 | 35 | 42 | 57 | 4 |
20–30 | 33 | 39 | 44 | 65 | 5 |
30–40 | 36 | 42 | 46 | 71 | 6 |
40–50 | 38 | 44 | 48 | 76 | 7 |
50–60 | 40 | 46 | 48 | 80 | 8 |
60–70 | 42 | 48 | 52 | 84 | 9 |
70–80 | 43 | 50 | 57 | 87 | 9 |
80–90 | 44 | 52 | 61 | 89 | 10 |
90–100 | 45 | 55 | 66 | 91 | 10 |
100–110 | 46 | 57 | 70 | 93 | 11 |
110–120 | 47 | 59 | 74 | 95 | 11 |
120–130 | 48 | 62 | 78 | 97 | 12 |
130–140 | 49 | 64 | 82 | 98 | 12 |
140–150 | 50 | 66 | 86 | 100 | 12 |
150–160 | 51 | 68 | 90 | 102 | 13 |
160–170 | 52 | 71 | 93 | 104 | 13 |
170–180 | 53 | 73 | 97 | 106 | 14 |
180–190 | 54 | 75 | 101 | 108 | 14 |
190–200 | 55 | 78 | 104 | 110 | 15 |
200–300 | 68 | 101 | 136 | 136 | 23 |
300–400 | 83 | 124 | 165 | 165 | 34 |
400–450 | 89 | 135 | 178 | 178 | 39 |
450–500 | 96 | 138 | 191 | 191 | 45 |
500–600 | 108 | 144 | 216 | 216 | 57 |
600–700 | 119 | 150 | 238 | 238 | 70 |
700–800 | 130 | 156 | 260 | 260 | 83 |
800–900 | 140 | 162 | 280 | 280 | 97 |
900–1000 | 150 | 168 | 300 | 300 | 111 |
1000–1100 | 159 | 168 | 319 | 319 | 111 |
1100–1200 | 168 | — | 337 | — | — |
1200–1300 | 177 | — | 354 | — | — |
1300–1400 | 185 | — | 370 | — | — |
1400–1500 | 193 | — | 386 | — | — |
1500–1600 | 201 | — | 402 | — | — |
1600–1700 | 208 | — | 416 | — | — |
1700–1800 | 215 | — | 431 | — | — |
1800–1900 | 222 | — | 444 | — | — |
1900–2000 | 229 | — | 458 | — | — |
1 | 2 | 3 | 4 | 5 | 6 |
---|---|---|---|---|---|
Quantity of explosives (kilograms) | Low density distance (metres) | High density distance (metres) | Vulnerable building distance (metres) | Reference zone radius (metres) | Maximum number of dwellings in reference zone |
0.1–25 | 38 | 53 | 54 | 74 | 11 |
25–50 | 43 | 53 | 54 | 86 | 11 |
50–75 | 48 | 60 | 54 | 96 | 11 |
75–100 | 53 | 77 | 66 | 106 | 14 |
100–150 | 63 | 110 | 86 | 127 | 20 |
150–200 | 74 | 143 | 104 | 147 | 27 |
200–300 | 94 | 209 | 136 | 188 | 44 |
300–400 | 115 | 275 | 165 | 229 | 65 |
400–450 | 125 | 308 | 178 | 250 | 77 |
450–500 | 128 | 309 | 191 | 257 | 81 |
500–600 | 135 | 311 | 216 | 270 | 90 |
600–700 | 142 | 312 | 238 | 283 | 99 |
700–800 | 148 | 314 | 260 | 297 | 109 |
800–900 | 155 | 316 | 280 | 310 | 119 |
900–1000 | 162 | 318 | 300 | 324 | 129 |
1000–1100 | 169 | 319 | 319 | 337 | 140 |
1100–1200 | 175 | 321 | 337 | 350 | 152 |
1200–1300 | 182 | 323 | 354 | 364 | 163 |
1300–1400 | 189 | 325 | 370 | 377 | 176 |
1400–1500 | 195 | 326 | 386 | 391 | 188 |
1500–1600 | 202 | 328 | 402 | 404 | 202 |
1600–1700 | 209 | 330 | 416 | 417 | 215 |
1700–1800 | 215 | 332 | 431 | 431 | 229 |
1800–1900 | 222 | 333 | 444 | 444 | 244 |
1900–2000 | 229 | 335 | 458 | 458 | 259 |
1 | 2 | 3 |
---|---|---|
Quantity of explosives (kilograms) | Low density distance (metres) | Vulnerable building distance (metres) |
0.1–25 | 45 | 90 |
25–50 | 88 | 176 |
50–75 | 108 | 216 |
75–100 | 129 | 238 |
100–150 | 148 | 296 |
150–200 | 168 | 336 |
200–300 | 191 | 382 |
300–400 | 207 | 414 |
400–450 | 213 | 426 |
450–500 | 219 | 438 |
500–600 | 226 | 452 |
600–700 | 233 | 466 |
700–800 | 240 | 480 |
800–900 | 248 | 496 |
900–1000 | 256 | 512 |
1000–1100 | 259 | 518 |
1100–1200 | 262 | 524 |
1200–1300 | 266 | 532 |
1300–1400 | 270 | 540 |
1400–1500 | 274 | 548 |
1500–1600 | 278 | 556 |
1600–1700 | 282 | 564 |
1700–1800 | 286 | 572 |
1800–1900 | 288 | 576 |
1900–2000 | 292 | 592 |
1 | 2 | 3 |
---|---|---|
Quantity of explosives (kilograms) | Low density distance (metres) | Vulnerable building distance (metres) |
0.1–25 | 37 | 76 |
25–50 | 43 | 86 |
50–75 | 47 | 94 |
75–100 | 51 | 102 |
100–150 | 56 | 112 |
150–200 | 60 | 120 |
200–300 | 66 | 132 |
300–400 | 71 | 142 |
400–450 | 73 | 146 |
450–500 | 74 | 148 |
500–600 | 76 | 152 |
600–700 | 78 | 158 |
700–800 | 81 | 162 |
800–900 | 84 | 164 |
900–1000 | 87 | 174 |
1000–1100 | 88 | 176 |
1100–1200 | 89 | 178 |
1200–1300 | 90 | 180 |
1300–1400 | 91 | 182 |
1400–1500 | 92 | 184 |
1500–1600 | 94 | 188 |
1600–1700 | 95 | 190 |
1700–1800 | 97 | 194 |
1800–1900 | 99 | 198 |
1900–2000 | 101 | 202 |
1 | 2 |
---|---|
Quantity of explosives (kilograms) | Low density distance (metres) |
0.1–25 | — |
25–50 | 23 |
50–75 | 25 |
75–100 | 29 |
100–150 | 33 |
150–200 | 37 |
200–300 | 42 |
300–400 | 47 |
400–450 | 47 |
450–500 | 50 |
500–600 | 51 |
600–700 | 53 |
700–800 | 54 |
800–900 | 55 |
900–1000 | 63 |
1000–1100 | 70 |
1100–1200 | 71 |
1200–1300 | 72 |
1300–1400 | 73 |
1400–1500 | 74 |
1500–1600 | 75 |
1600–1700 | 76 |
1700–1800 | 78 |
1800–1900 | 79 |
1900–2000 | 80 |
1 | 2 |
---|---|
Quantity of explosives (kilograms) | Low density distance (metres) |
0.1–250 | — |
250–300 | 1 |
300–340 | 2 |
340–370 | 3 |
370–400 | 4 |
400–450 | 5 |
450–500 | 6 |
500–550 | 7 |
550–600 | 8 |
600–650 | 9 |
650–700 | 10 |
700–750 | 11 |
750–800 | 12 |
800–900 | 13 |
900–950 | 14 |
950–1000 | 15 |
1000–1100 | 16 |
1100–1150 | 17 |
1150–1200 | 18 |
1200–1300 | 19 |
1300–1350 | 20 |
1350–1400 | 21 |
1400–1450 | 22 |
1450–1550 | 23 |
1550–1600 | 24 |
1600–1650 | 25 |
1650–1700 | 26 |
1700–1800 | 27 |
1800–1850 | 28 |
1850–1900 | 29 |
1900–2000 | 30 |
Commencement Information
I6Sch. 1 para. 6 in operation at 1.12.2006, see reg. 1
Regulation 10(2)(a)(ii)
Textual Amendments
F1Words in Sch. 2 added (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 13(a)
Explosives | U.N. no. |
---|---|
AIR BAG INFLATORS or AIR BAG MODULES or SEAT-BELT PRETENSIONERS | 0503 |
2-AMINO-4, 6-DINITROPHENOL, WETTED with not less than 20% water, by mass | 3317 |
AMMONIUM PICRATE, WETTED with not less than 10% water, by mass | 1310 |
ARTICLES, PYROTECHNIC for technical purposes | 0428 |
ARTICLES, PYROTECHNIC for technical purposes | 0429 |
ARTICLES, PYROTECHNIC for technical purposes | 0430 |
ARTICLES, PYROTECHNIC for technical purposes | 0431 |
ARTICLES, PYROTECHNIC for technical purposes | 0432 |
BARIUM AZIDE, WETTED with not less than 50% water, by mass | 1571 |
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK | 0014 |
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK | 0327 |
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK | 0338 |
CARTRIDGES FOR WEAPONS, INERT PROJECTILE | 0328 |
CARTRIDGES FOR WEAPONS, INERT PROJECTILE or | |
CARTRIDGES, SMALL ARMS | 0012 |
CARTRIDGES FOR WEAPONS, INERT PROJECTILE or CARTRIDGES, SMALL ARMS | 0339 |
CARTRIDGES, OIL WELL | 0277 |
CARTRIDGES, OIL WELL | 0278 |
CARTRIDGES, POWER DEVICE | 0275 |
CARTRIDGES, POWER DEVICE | 0276 |
CARTRIDGES, POWER DEVICE | 0323 |
CARTRIDGES, POWER DEVICE | 0381 |
CARTRIDGES, SIGNAL | 0054 |
CARTRIDGES, SIGNAL | 0312 |
CARTRIDGES, SIGNAL | 0405 |
CASES, CARTRIDGE, EMPTY, WITH PRIMER | 0055 |
CASES, CARTRIDGE, EMPTY, WITH PRIMER | 0379 |
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER | 0446 |
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER | 0447 |
CORD, IGNITER | 0066 |
CUTTERS, CABLE, EXPLOSIVE | 0070 |
DINITROPHENOL, WETTED with not less than 15% water, by mass | 1320 |
DINITROPHENOLATES, WETTED with not less than 15% water, by mass | 1321 |
DINITRORESORCINOL, WETTED with not less than 15% water, by mass | 1322 |
DINITROSOBENZENE | 0406 |
DIPICRYL SULPHIDE, WETTED with not less than 10% water, by mass | 2852 |
FIREWORKS | 0333 |
FIREWORKS | 0334 |
FIREWORKS | 0335 |
FIREWORKS | 0336 |
FIREWORKS | 0337 |
FLARES, AERIAL | 0093 |
FLARES, AERIAL | 0403 |
FLARES, AERIAL | 0404 |
FLARES, SURFACE | 0092 |
FLASH POWDER | 0094 |
FLASH POWDER | 0305 |
FUSE, NON-DETONATING | 0101 |
FUSE, SAFETY | 0105 |
IGNITERS | 0121 |
IGNITERS | 0314 |
IGNITERS | 0315 |
IGNITERS | 0325 |
IGNITERS | 0454 |
ISOSORBIDE DINITRATE MIXTURE with not less than 60% lactose, mannose, starch or calcium hydrogen phosphate | 2907 |
LIGHTERS, FUSE | 0131 |
5-MERCAPTOTETRAZOL-1-ACETIC ACID | 0448 |
NITROCELLULOSE with not more than 12.6% nitrogen, by dry mass, MIXTURE WITH or WITHOUT PLASTICIZER, WITH or WITHOUT PIGMENT | 2557 |
NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose (vapour pressure at 50C more than 175 kPa) | 2059 |
NITROCELLULOSE WITH ALCOHOL (not less than 25% alcohol, by mass, and not more than 12.6% nitrogen, by dry mass) | 2556 |
NITROCELLULOSE WITH WATER (not less than 25% water, by mass) | 2555 |
NITROGLYCERIN SOLUTION IN ALCOHOL with not more than 1% nitroglycerin | 1204 |
NITROGLYCERIN SOLUTION IN ALCOHOL with more than 1% but not more than 5% nitroglycerin | 3064 |
NITROGUANIDINE (PICRITE), with not less than 20% water, by mass | 1336 |
4-NITROPHENYL-HYDRAZINE, with not less than 30% water, by mass | 3376 |
NITROSTARCH, WETTED with not less than 20% water, by mass | 1337 |
PRIMERS, CAP TYPE | 0044 |
PRIMERS, CAP TYPE | 0377 |
PRIMERS, CAP TYPE | 0378 |
ROCKETS, LINE-THROWING | 0238 |
ROCKETS, LINE-THROWING | 0240 |
ROCKETS, LINE-THROWING | 0453 |
SIGNAL DEVICES, HAND | 0191 |
SIGNAL DEVICES, HAND | 0373 |
SIGNALS, DISTRESS, ship | 0194 |
SIGNALS, DISTRESS, ship | 0195 |
SIGNALS, RAILWAY TRACK, EXPLOSIVE | 0192 |
SIGNALS, RAILWAY TRACK, EXPLOSIVE | 0193 |
SIGNALS, SMOKE | 0196 |
SIGNALS, SMOKE | 0197 |
SILVER PICRATE, WETTED with not less than 30% water, by mass | 1347 |
SODIUM DINITRO-o-CRESOLATE, dry or wetted with less than 15% water, by mass | 0234 |
SODIUM DINITRO-o-CRESOLATE, WETTED with not less than 10% water, by mass | 3369 |
SODIUM DINITRO-o-CRESOLATE, WETTED with not less than 15% water, by mass | 1348 |
SODIUM PICRAMATE, dry or wetted with less than 20% water by mass | 0235 |
SODIUM PICRAMATE, WETTED with not less than 20% water, by mass | 1349 |
TETRAZOL-1-ACETIC ACID | 0407 |
TRINITROBENZENE, WETTED with not less than 30% water, by mass | 1354 |
TRINITROBENZOIC ACID, WETTED with not less than 30% water, by mass | 1355 |
TRINITROPHENOL, WETTED with not less than 30% water, by mass | 1344 |
TRINITROTOLUENE (TNT), WETTED with not less than 30% water, by mass | 1356 |
UREA NITRATE, WETTED with not less than 20% water, by mass | 1357 |
ZIRCONIUM PICRAMATE, dry or wetted with less than 20% water, by mass | 0236 |
ZIRCONIUM PICRAMATE, WETTED with not less than 20% water, by mass | 1517 |
Textual Amendments
Explosive articles which—
are allocated the U.N. nos. 0186, 0272, 0349, 0351 or 0471;
are intended to be used for the propulsion of model rockets or similar articles; and
in respect of each individual explosive article, contain no more than 1 kilogram of explosive.]
Regulation 13(6)
The maximum quantity of Hazard Type 4 pyrotechnic articles which may be kept for any period of time in a sales area at a site in relation to which a person is registered for the storage of explosives shall be the quantity specified in column 2 of the Table below corresponding to the floor area of the sales area shown in column 1 of the Table.
1 | 2 |
---|---|
Floor area of sales area | Quantity of explosives |
(square metres) | (kilograms) |
not exceeding 20 | 12.5 |
not exceeding 40 | 15 |
not exceeding 60 | 20 |
not exceeding 80 | 25 |
not exceeding 100 | 30 |
not exceeding 150 | 35 |
not exceeding 200 | 40 |
not exceeding 250 | 45 |
not exceeding 300 | 50 |
not exceeding 350 | 55 |
not exceeding 400 | 60 |
not exceeding 450 | 65 |
not exceeding 500 | 70 |
exceeding 500 | 75 |
Regulation 19
Textual Amendments
1 | 2 | 3 | 4 |
---|---|---|---|
Provision in relation to which the application is made | Purpose of application | Fee | Fee for work by Specialist Inspector |
Note: The fee payable for— (a) a licence to store no more than 2000 kilograms of explosives; (b) registration; or (c) renewal of a licence to store no more than 2000 kilograms of explosives or renewal of a registration, of less than 5 years' duration shall be, respectively, the fee set out above for such a licence, registration or a renewal of such a licence or a registration of 5 years' duration decreased proportionately according to the duration of the period for which the licence in question, registration or renewal of either is granted.] | |||
Regulation 11 | Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing | £622 | £125 per hour worked |
Licence to manufacture ammonium nitrate blasting intermediate | £154 per hour worked | ||
Licence to manufacture explosives by means of on-site mixing | £231 | £125 per hour worked | |
Licence to store more than 2000 kilograms of explosives or licence which provides for different separation distances to apply than those specified in Schedule 1 | £622 | £125 per hour worked | |
Licence to store no more than 2000 kilograms of explosives (see Note) | £402 | ||
Renewal of a licence | £306 | ||
Regulation 13 | Registration in relation to the storage of explosives (see Note ) | £225 | |
Renewal of a registration | £174 | ||
Regulation 15 | Varying a licence to manufacture explosives not being ammonium nitrate blasting intermediate or licence to store more than 2000 kilograms of explosives | £426 | £125 per hour worked |
Varying a licence to manufacture ammonium nitrate blasting intermediate | £154 per hour worked | ||
Varying a licence to store no more than 2000 kilograms of explosives: | |||
(a)varying name of licensee or address of site | £34 | ||
(b)any other kind of variation | the reasonable cost to the Secretary of State of having the work carried out | ||
Regulation 18 | Transfer of a licence or registration | £34 | |
Replacement of a licence or certificate of registration if lost | £34 |
Regulation 21
1. The Secretary of State shall maintain a register (“the register”) containing the information listed in paragraph 2 which relates to licences granted and certificates of registration issued by him.N.I.
Commencement Information
I9Sch. 5 para. 1 in operation at 1.12.2006, see reg. 1
2. The following information shall be included in the register—N.I.
(a)the name of the licensee or registered person;
(b)his permanent address, unless his home address is his only permanent address;
(c)the address of the site where the explosives are manufactured or stored (where that differs from any address included pursuant to sub-paragraph (b));
(d)the hazard type and maximum quantity of explosives which may be manufactured or stored at any one time;
(e)the nature of the business of the licensee or registered person and the intended use of the explosives;
(f)the name and description of the explosives manufactured or stored;
[F4(g)where separation distances are required by regulation 5 or a condition of the licence to be maintained around the building where explosives are manufactured or the store, a plan in a suitable scale sufficient to show those separation distances;]
(h)where the address of the site does not have a street number and postcode, a map in a suitable scale which shows the exact location of the building where explosives are manufactured or the store; and
(i)in relation to licences to store more than 2000 kilograms of explosives, the kind of store concerned, including the material of which it is constructed.
Textual Amendments
F4Sch. 5 para. 2(g) substituted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 15(a)
Commencement Information
I10Sch. 5 para. 2 in operation at 1.12.2006, see reg. 1
3. The register may be kept in any form, including electronically.N.I.
Commencement Information
I11Sch. 5 para. 3 in operation at 1.12.2006, see reg. 1
4. Subject to [F5paragraphs 6 and 6A] , the Secretary of State shall—N.I.
(a)ensure that the information referred to in paragraph 2(a) to (d) in respect of a licence or registration is available for inspection, at all reasonable times and free of charge, by a person who resides, or by an undertaking situated, within the public consultation zone concerned in relation to the licence or registration; and
(b)provide a copy of the entry in the register relating to the information referred to in sub-paragraph 2(a) to (d) in respect of that licence or registration F6...to such a person or undertaking as referred to in sub-paragraph (a) who requests a copy and pays a charge which shall not exceed the reasonable cost of providing the copy.
Textual Amendments
F5Words in Sch. 5 para. 4 substituted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 15(b)
F6Word in Sch. 5 para. 4(b) omitted (7.8.2009) by virtue of The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 15(d)
Commencement Information
I12Sch. 5 para. 4 in operation at 1.12.2006, see reg. 1
5. The licensee or registered person in relation to any site in which explosives are manufactured or stored shall, when requested in writing to do so by the owner or, if not the same person, the occupier, of any premises falling within any separation distance applying in relation to that site, provide to the requesting person within 28 days of the request a scale plan of the area of land falling within that separation distance.N.I.
Commencement Information
I13Sch. 5 para. 5 in operation at 1.12.2006, see reg. 1
6. The requirements of paragraph 4 shall not apply where the information referred to in paragraph 2 is in respect of any site to which a licence or registration relates which is used only for the storage of—N.I.
(a)less than 500 kilograms of Hazard Type 1 explosive or Hazard Type 2 explosive;
(b)less than 2000 kilograms of Hazard Type 3 explosive or Hazard Type 4 explosive; or
(c)any explosives for a period of less than 4 weeks.
Commencement Information
I14Sch. 5 para. 6 in operation at 1.12.2006, see reg. 1
[F76A. The requirements of paragraph 4 shall not apply where the information referred to in paragraph 2 is in respect of a licensed site in relation to which regulation 11(4) did not apply to the licence application for that site by virtue of regulation 11(5)(g).]N.I.
Textual Amendments
7. Nothing in this Schedule shall prevent the Secretary of State from disclosing any of the information in the register to the Department of the Environment for the purpose of the exercise of its functions.N.I.
Commencement Information
I15Sch. 5 para. 7 in operation at 1.12.2006, see reg. 1
Regulation 27(1)
1.—(1) The 1875 Act is amended as follows.
(2) Omit sections 4 to 22 and for section 23 (precautions against fire or explosion to be taken by occupier) substitute—
23.—(1) The occupier of every premises at which gunpowder is manufactured or stored shall take all due precaution for preventing unauthorised persons having access to the premises or to the gunpowder therein.
(2) In the event of any breach (by any act or default) of subsection (1), the occupier shall be guilty of an offence.
(3) In this section, “premises” has the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978.”.
(3) Omit sections 24 to 29, 33, 35 to 38, 40 and 41.
(4) In section 43 (power to prohibit manufacture, storage and carriage of specially dangerous explosives)—
(a)omit “, either absolutely, or except in pursuance of a license of the Secretary of State under this Act”; and
(b)for the words from “Provided that” to “conveyance of explosives” substitute “A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence and liable to the penalties specified in Article 31(4) of the Health and Safety at Work (Northern Ireland) Order 1978.”.
(5) Omit sections 44 to 51, 57 to 60 and 62 to 66.
(6) Omit sections 71, 72, 77 to 79, 81 and 82.
(7) In section 83 (provisions as to Orders in Council and orders of Secretary of State), omit—
(a)“, and a Secretary of State may by order,”; and
(b)“or orders of the Secretary of State, as the case may be,”.
(8) Omit sections 84 to 88.
(9) In section 97 (exemption of Government factories, &c., from the Act), omit paragraphs (3) and (4) and the words from “Provided that” to the end of the section.
(10) Omit sections 98 and 101.
(11) In section 102 (saving clause as to liability), omit the words from “A continuing certificate” to the end of the section.
(12) Omit sections 103, 105 and 106.
(13) In section 108 (general definitions)—
(a)in the definition of “this Act”, omit “certificate, byelaw, regulation, rule,”;
(b)in the definition of “store”, omit “an existing gunpowder store as defined by this Act, or” and “licensed by a license granted under this Act”; and
(c)omit the definitions of “existing”, “factory magazine”, “harbour authority”, “canal company”, “railway company”, “safety cartridges” and “Gunpowder Act 1860”.
(14) Omit sections 119 to 121.
(15) Omit Schedules 1 and 2.
Commencement Information
I16Sch. 6 para. 1 in operation at 1.12.2006, see reg. 1
2. In section 446(3) of the Merchant Shipping Act 1894(2) (dangerous goods), for “Explosives Act, 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I17Sch. 6 para. 2 in operation at 1.12.2006, see reg. 1
3. In section 9 of the Uniformity of Laws Act (Northern Ireland) 1922(3) (definitions), for “Explosives Act, 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I18Sch. 6 para. 3 in operation at 1.12.2006, see reg. 1
4. In section 9 of the Celluloid and Cinematograph Film Act 1922(4) (definitions), in the definition of “celluloid”, for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I19Sch. 6 para. 4 in operation at 1.12.2006, see reg. 1
5. In section 23 of the Petroleum (Consolidation) Act (Northern Ireland) 1929(5) (interpretation), for “Explosives Act, 1875” substitute “Health and Safety at Work (Northern Ireland) Order 1978”.
Commencement Information
I20Sch. 6 para. 5 in operation at 1.12.2006, see reg. 1
6. In Schedule 4 to the Acquisition of Land (Authorisation Procedure) Act 1946(6) (minor and consequential amendments), omit the entry relating to the Explosives Act 1875.
Commencement Information
I21Sch. 6 para. 6 in operation at 1.12.2006, see reg. 1
7. In Schedule 1 to the Financial Provisions Act (Northern Ireland) 1968(7) (variation of fees etc.), omit the entry relating to the Explosives Act 1875.
Commencement Information
I22Sch. 6 para. 7 in operation at 1.12.2006, see reg. 1
8.—(1) The Explosives Act (Northern Ireland) 1970(8) is amended as follows.
(2) In section 1 (making and dealing with explosives)—
(a)in subsection (1), for the words “Explosives Acts” to “under those Acts” substitute “Explosives Act 1875 (in this Act referred to as “the 1875 Act”) or of any instrument made under that Act, the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”;
(b)in subsection (3)(a), for the word “magazine” substitute “store keeping more than 2000 kilograms of explosives”; and
(c)for subsection (4A), substitute—
“Subsections (1) and (2) shall not apply to—
fireworks of such categories as may be prescribed by Explosives regulations; and
those desensitised explosives listed in Schedule 2 to the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.”.
(3) In sections 3(1) and (2) (explosives regulations), 8(1) (interpretation) and 10 (short title and citation), for the words “principal Acts” substitute “1875 Act”.
(4) In section 5 (RUC to have powers of inspectors)—
(a)for the words “sections 55, 75 and 86” substitute “sections 55 and 75”; and
(b)omit the words “and, so far as it applies to those sections, in section 87 of that Act,”.
(5) In section 8(3) (interpretation), for the words “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I23Sch. 6 para. 8 in operation at 1.12.2006, see reg. 1
9.—(1) The Northern Ireland (Modification of Enactments — No. 1) Order 1973(9) is amended as follows.
(2) In Schedule 1 (Acts relating to the functions transferred to Secretary of State), omit the reference to the Explosives Act (Northern Ireland) 1924 (c. 5 (N.I.)).
(3) In Schedule 3 (Acts relating to functions transferred to the Treasury), omit the reference to section 72 of the Explosives Act 1875 (c. 17).
Commencement Information
I24Sch. 6 para. 9 in operation at 1.12.2006, see reg. 1
10. In Schedule 4 to the Sex Discrimination (Northern Ireland) Order 1976(10) (statutory provisions relevant for purposes of Article 56), omit the entries relating to the Explosives Act 1875 and the Explosives Act (Northern Ireland) 1924.
Commencement Information
I25Sch. 6 para. 10 in operation at 1.12.2006, see reg. 1
11. In Schedule 5 to the Judicature (Northern Ireland) Act 1978(11) (minor and consequential amendments), omit the entry relating to the Explosives Act 1875.
Commencement Information
I26Sch. 6 para. 11 in operation at 1.12.2006, see reg. 1
12. Until the coming into force of its repeal by the Environmental Protection Act 1990(12) the definition of “waste” in Article 36 of the Pollution Control and Local Government (Northern Ireland) Order 1978(13) has effect as if the reference to the Explosives Acts 1875 to 1970 were a reference to these Regulations.
Commencement Information
I27Sch. 6 para. 12 in operation at 1.12.2006, see reg. 1
13.—(1) The Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(14) is amended as follows.
(2) In Schedule 1 (excepted professions, offices, employments and occupations)—
(a)in Part II (offices and employment), omit paragraph 6;
(b)in Part III (regulated occupations), omit paragraph 8 and in paragraph 9 omit “, magazine”; and
(c)in Part IV (interpretation), for the words “50(1)” to the end substitute “2(2) of the Firearms (Northern Ireland) Order 2004;”.
(3) In Schedule 2 (excepted licences, certificates and permits)—
(a)in paragraph 1, from the words “Firearms certificates issued” to “section 13 of that Act;” substitute “Any application for the grant of a firearm certificate under the Firearms (Northern Ireland) Order 2004 or any request for any authority under that Order;”; and
(b)omit paragraph 3.
(4) In paragraph 14 of Schedule 3 (excepted proceedings), omit the words “on an application to the police or a court of summary jurisdiction for a certificate under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of the applicant to keep explosives and”.
Commencement Information
I28Sch. 6 para. 13 in operation at 1.12.2006, see reg. 1
14.—(1) The Environmental Protection Act 1990(15) is amended as follows.
(2) In section 75(2) (meaning of waste) as enacted, for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
(3) In section 142(7) (powers to obtain information), for “Explosive Substances Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I29Sch. 6 para. 14 in operation at 1.12.2006, see reg. 1
15. In Schedule 13 to the Merchant Shipping Act 1995(16) (consequential amendments), omit paragraph 5.
Commencement Information
I30Sch. 6 para. 15 in operation at 1.12.2006, see reg. 1
16. In Article 33(6) of the Waste and Contaminated Land (Northern Ireland) Order 1997(17) (power to obtain information about potentially hazardous substances), for the words “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I31Sch. 6 para. 16 in operation at 1.12.2006, see reg. 1
17. In the Factory and Workshop Act 1901, use of locomotives and wagons on lines and sidings, Regulations 1906(18), in the provisions on Application which begin with the words “Nothing in these Regulations shall apply to”, for sub-paragraph (i) substitute “(i) Any site for the manufacture of explosives which is specified in a licence granted under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I32Sch. 6 para. 17 in operation at 1.12.2006, see reg. 1
18. After the proviso in Order in Council No. 30 dated 2nd February 1937(19), insert—
“For the purpose of paragraph (1) of the proviso, all buildings and places adjoining each other and occupied together shall be deemed to be the same premises.”.
Commencement Information
I33Sch. 6 para. 18 in operation at 1.12.2006, see reg. 1
19.—(1) The Miscellaneous Mines (Explosives) Regulations (Northern Ireland) 1970(20) are amended as follows.
(2) For the definition of “explosives store” in regulation 2(1) (interpretation), substitute—
““explosives store” means a building, enclosed area or metal structure where explosives are stored under a licence granted or certificate of registration issued under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006;”.
(3) In regulation 32(a) (shot firing — additional provisions for shafts, winzes and raises), for the words from “workshop used” to the end substitute “suitable place for that purpose appointed by the manager of the mine.”.
Commencement Information
I34Sch. 6 para. 19 in operation at 1.12.2006, see reg. 1
20.—(1) The Explosives Regulations (Northern Ireland) 1970(21) are amended as follows.
(2) In regulation 3 (saving for Explosives Acts)—
(a)omit “Except as provided by Regulation 5”; and
(b)for the words “Explosives Act (Northern Ireland) 1924” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
(3) In regulation 4(3) (police consent under section 1 of the Act of 1970), for the words from “Minister under the Act” to the end substitute “Secretary of State under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.”.
(4) Regulation 5 (manufacture etc. of ammonium nitrate mixtures) is revoked.
(5) In the Schedule, omit Forms 3 and 4.
Commencement Information
I35Sch. 6 para. 20 in operation at 1.12.2006, see reg. 1
21. In paragraph 2 of Schedule 1 to the Clean Air (Emission of Dark Smoke) Regulations (Northern Ireland) 1981(22) (exempted matter), for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I36Sch. 6 para. 21 in operation at 1.12.2006, see reg. 1
22. In regulation 5(2)(h) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991(23) (application of these Regulations), for the words “or the Explosives (Northern Ireland) Order 1972” substitute “, the Explosives (Northern Ireland) Order 1972 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I37Sch. 6 para. 22 in operation at 1.12.2006, see reg. 1
23.—(1) The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991(24) are amended as follows.
(2) In regulation 3(3) (classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof), omit “Subject to regulation 11,”.
(3) Regulation 11 (classification and labelling under these regulations shall satisfy classification and labelling provisions of the Explosives Act 1875) is revoked.
Commencement Information
I38Sch. 6 para. 23 in operation at 1.12.2006, see reg. 1
24. Schedule 3 to the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993(25) is amended as follows—
(a)in substance 50 in Part A (named substances), for the words “to which the Explosives Act 1875 applies” substitute “for which a licence, granted under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006, is required”; and
(b)in categories 4 and 5 of Part B (categories of substances and preparations not specifically named in Part A), for the words “or magazine subject to assent procedures under section 7 of the Explosives Act 1875” substitute “subject to the public hearing procedure under regulation 12 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I39Sch. 6 para. 24 in operation at 1.12.2006, see reg. 1
25.—(1) The Placing on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 1993(26) are amended as follows.
(2) In regulation 3 (application)—
(a)in 3(2)(a), for “Firearms Orders 1981 to 1992” substitute “Firearms (Northern Ireland) Order 2004”; and
(b)in 3(3)(a), for “Section 53 of the Explosives Act 1875” substitute “Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978”.
(3) Regulation 11 and Schedule 4 (modifications) are revoked.
Commencement Information
I40Sch. 6 para. 25 in operation at 1.12.2006, see reg. 1
26. In Schedule 3 to the Toys (Safety) Regulations 1995(27), in the note at the end marked with an asterisk, after the words “Manufacture and Storage of Explosives Regulations 2005” insert “and the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I41Sch. 6 para. 26 in operation at 1.12.2006, see reg. 1
27. For regulation 3(3)(e) of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995(28) (application), substitute—
“(e)a berth which forms part of a site—
(i)licensed under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 in cases where, in relation to the application for that licence, the public hearing procedure was required pursuant to regulation 11(4) of those Regulations; or
(ii)which is deemed to be licensed under those Regulations by virtue of regulation 26 of those Regulations in cases where, in relation to that deemed licence, the public hearing procedure would have been required pursuant to regulation 11(4) of those Regulations had the licence been applied for under those Regulations;”.
Commencement Information
I42Sch. 6 para. 27 in operation at 1.12.2006, see reg. 1
28.—(1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997(29) are amended as follows.
(2) In Schedule 2 (dangerous occurrences)—
(a)in Part I (general)—
(i)for paragraph 6(1)(a), substitute—
“(a)any unintentional fire, explosion or ignition at a site—
(i)where explosives are manufactured by a person who holds a licence, or who does not hold a licence but is required to, in respect of that manufacture under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006; or
(ii)where explosives are stored by a person who holds a licence or is registered, or who is not licensed but is required to be in the absence of any registration, in respect of that storage under those Regulations;
(aa)the unintentional explosion or ignition of explosives at a place other than a site described in sub-paragraph (1)(a), not being one—
(i)caused by the unintentional discharge of a weapon where, apart from that unintentional discharge, the weapon and explosives functioned as they were designed to do; or
(ii)where a fail-safe device or safe system of work functioned so as to prevent any person from being injured in consequence of the explosion or ignition;”;
(ii)at the end of paragraph 6(1)(e), insert “or from any intentional fire or ignition”; and
(iii)for paragraph 6(2), substitute—
“(2) In this paragraph—
“danger zone” means the area from which persons have been excluded or forbidden to enter to avoid being endangered by any explosion or ignition of explosives; and
“explosives” has the same meaning as in the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.”.
(3) In Schedule 7 (statutory provisions requiring the notification of events which are not required to be notified or reported under the Regulations), omit the entry relating to the Explosives Act 1875.
Commencement Information
I43Sch. 6 para. 28 in operation at 1.12.2006, see reg. 1
29. For regulation 3 of the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999(30) (application), substitute—
“3. These Regulations shall not apply to an industrial activity involving substances to which the Explosives Acts (Northern Ireland) 1875 to 1970, the Explosives (Northern Ireland) Order 1972 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 apply.”.
Commencement Information
I44Sch. 6 para. 29 in operation at 1.12.2006, see reg. 1
30. In regulation 3(18)(a) of the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 1999(31) (amendment of the principal Regulations), for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I45Sch. 6 para. 30 in operation at 1.12.2006, see reg. 1
31. For paragraph 1(a) of Class 1 of Schedule 1 to the Building Regulations (Northern Ireland) 2000(32) (classes of exempted buildings), substitute—
“(a)Any building in which explosives are manufactured or stored under a licence granted under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.”.
Commencement Information
I46Sch. 6 para. 31 in operation at 1.12.2006, see reg. 1
32. In regulation 3 of the Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000(33) (application), after the words “Explosives Acts (Northern Ireland) 1875 to 1970” insert “and the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I47Sch. 6 para. 32 in operation at 1.12.2006, see reg. 1
33.—(1) The Explosives (Fireworks) Regulations (Northern Ireland) 2002(34) are amended as follows.
(2) In the definition of “enforcing authority” in regulation 2(1) (interpretation), for the words “1994” substitute “2005”.
(3) In regulation 3 (savings for Explosives Acts), for “Explosives Act (Northern Ireland) 1924” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
(4) In regulation 4(2) (prohibition on the possession, purchase, sale, acquisition, handling or use of fireworks), after the word “prohibited” insert “by a person other than a Government Inspector, Constable or representative of an enforcing authority acting in his capacity as such”.
(5) In regulation 8 (labelling requirements)—
(a)in paragraph (2), for the word “packet” substitute “packaging”; and
(b)in paragraph (3), after the word “firework” insert “the packaging of”.
(6) For regulation 9(b) (fireworks exempt from prohibition), substitute—
“(b)any person licensed under regulation 11, or registered under regulation 13, of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 to keep classified fireworks for the purpose of wholesale or retail trade;”.
(7) In regulation 11(2) (display of notice and certificate), for the words “of premises under section 5 of the Explosives Act 1875” substitute “under regulation 13 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
(8) In Schedule 3 (scale of licence fees), for the words “Where the attendance of any persons at a fireworks display will not exceed 1000;” substitute “Where the attendance of any persons at a fireworks display will exceed 100 but will not exceed 1000;”.
Commencement Information
I48Sch. 6 para. 33 in operation at 1.12.2006, see reg. 1
34. In regulation 3(7) (application) of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(35), for the words “Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972” substitute “Explosives Acts (Northern Ireland) 1875 to 1970, the Explosives (Northern Ireland) Order 1972 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I49Sch. 6 para. 34 in operation at 1.12.2006, see reg. 1
35. In paragraph 2 of Schedule 3 to the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations (Northern Ireland) 2005(36) (accuracy classes for filling instruments), for the words “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.
Commencement Information
I50Sch. 6 para. 35 in operation at 1.12.2006, see reg. 1
36.—(1) The Carriage of Explosives Regulations (Northern Ireland) 2006(37) are amended as follows.
(2) In regulation 2(1) (interpretation), for the definition of “safe and secure place” substitute—
““safe and secure place” means a safe and secure place within a site—
in relation to which a person is licensed to manufacture or store explosives under regulation 11 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 or is registered in respect of such storage under regulation 13 of those Regulations; or
in respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemptions) Regulations (Northern Ireland) 1983;”.
(3) For regulation 3(1) (application), substitute—
“(1) The Regulations shall apply to explosives and other dangerous goods within the meaning of—
(a)the Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972 and to any regulations, orders or other instruments of a legislative character made or having effect under those provisions; or
(b)the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.”.
Commencement Information
I51Sch. 6 para. 36 in operation at 1.12.2006, see reg. 1
37. For the definition of “explosives store” in regulation 2 of the Quarries (Explosives) Regulations (Northern Ireland) 2006(38) (interpretation), substitute—
““explosives store” means a building, enclosed area or metal structure where explosives are stored under a licence granted or registration issued under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006;”.
Commencement Information
I52Sch. 6 para. 37 in operation at 1.12.2006, see reg. 1
Regulation 27(2) and (3)
Commencement Information
I53Sch. 7 Pt. 1 in operation at 1.12.2006, see reg. 1
1 | 2 | 3 |
---|---|---|
Title | Reference | Extent of repeal |
Explosives Act 1875. | c.17. | Sections 4 to 22, 24 to 29, 33, 35 to 38, 40 and 41. In section 43, the words “, either absolutely, or except in pursuance of a license of the Secretary of State under this Act”. Sections 44 to 51, 57 to 60, [F862 to 66] . Sections 71, 72, 77 to 79, 81 and 82. In section 83, the words “, and a Secretary of State may by order” and “or orders of the Secretary of State, as the case may be,”. Sections 84 to 88. In section 97, paragraphs (3) and (4) and the words from “Provided that” to the end. Sections 98 and 101. In section 102, the words from “A continuing certificate” to the end. Sections 103, 105 and 106. In section 108— (a) in the definition of “this Act”, the words “certificate, byelaw, regulation, rule,”; (b) in the definition of “store”, the words “an existing gunpowder store as defined by this Act, or” and “licensed by a license granted under this Act”; and (c) the definitions of “existing”, “factory magazine”, “harbour authority”, “canal company”, “railway company”, “safety cartridges” and “Gunpowder Act 1860”. Sections 119 to 121. Schedules 1 and 2. |
Explosives Act (Northern Ireland) 1924. | c.5. | The whole Act. |
Acquisition of Land (Authorisation Procedure) Act 1946. | c.49. | In Schedule 4, the entry relating to the Explosives Act 1875. |
Financial Provisions Act (Northern Ireland) 1968. | c.25. | In Schedule 1, the entry relating the Explosives Act 1875. |
Explosives Act (Northern Ireland) 1970. | c.10. | In section 5, the words “and, so far as it applies to those sections, in section 87 of that Act,”. |
Northern Ireland (Modification of Enactments — No. 1) Order 1973. | S.I. 1973/2163. | In Schedule 1, the reference to the Explosives Act (Northern Ireland) 1924. In Schedule 3, the reference to section 72 of the Explosives Act 1875. |
Sex Discrimination (Northern Ireland) Order 1976. | S.I. 1976/1042 (N.I. 15). | In Schedule 4, the entries relating to the Explosives Act 1875 and the Explosives Act (Northern Ireland) 1924. |
Judicature (Northern Ireland) Act 1978. | c.23. | In Schedule 5, the entry relating to the Explosives Act 1875. |
Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979. | S.R. 1979/195. | In Part II of Schedule 1, paragraph 6. In Part III of Schedule 1, paragraph 8 and in paragraph 9, the word “, magazine”. In Schedule 2, paragraph 3. In paragraph 14 of Schedule 3, the words “on an application to the police or a court of summary jurisdiction for a certificate under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of the applicant to keep explosives and”. |
Merchant Shipping Act 1995. | c.21. | In Schedule 13, paragraph 5. |
Textual Amendments
F8Words in Sch. 7 Pt. 1 substituted (7.8.2009) by The Manufacture and Storage of Explosives (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/248), reg. 1, Sch. para. 16
Commencement Information
I54Sch. 7 Pt. 2 in operation at 1.12.2006, see reg. 1
1 | 2 | 3 |
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Title | Reference | Extent of repeal |
Order in Council (No. 1) Classifying Explosives. | 5th August 1875 (Rev. VII, p.1). | The whole Order. |
Order in Council (No. 2) Making General Rules for Factories for Explosives other than Gunpowder. | 27th November 1875 (Rev. VII, p.7). | The whole Order. |
Order in Council (No. 3) Relating to Magazines for Explosives other than Gunpowder, whether with or without Gunpowder. | 27th November 1875 (Rev. VII, p.10). | The whole Order. |
Order in Council (No. 4) Relating to Small Firework Factories. | 27th November 1875 (Rev. VII, p.14). | The whole Order. |
Order in Council (No. 6) Relating to Stores Licensed for Mixed Explosives. | 27th November 1875 (Rev. VII, p.26). | The whole Order. |
Order in Council (No. 11) Respecting Notice to be Given of Accidents Connected with the Conveyance of Explosives other than Gunpowder. | 27th November 1875 (Rev. VII, p.42). | The whole Order. |
Order of Secretary of State (No. 1) Applying General Rules to Floating Magazines for Gunpowder. | 27th November 1875 (Rev. VII, p.68). | The whole Order. |
Order of Secretary of State (No. 2) Applying General Rules to Floating Magazines for Explosives other than Gunpowder, whether with or without Gunpowder. | 27th November 1875 (Rev. VII, p.70). | The whole Order. |
Order of Secretary of State as to Notice by Applicant for Factory or Magazine Licence. | 20th May 1876 (Rev. VII, p.85). | The whole Order. |
Order in Council (No. 6A) Amending Order in Council (No. 6) of the 27th November 1875 Relating to Stores Licensed for Mixed Explosives. | 20th April 1883 (Rev. VII, p.34). | The whole Order. |
Order in Council (No. 12) Relating to the Keeping of Explosive for Private Use and not for Sale. | 20th April 1883 (Rev. VII, p.43). | The whole Order. |
Order in Council (No. 13) Relating to the Exemption of Small Arm Nitro- Compounds from the Restrictions imposed in Orders in Council, 6(A), 7(A), and 12. | 24th September 1886 (Rev. VII, p.46). | The whole Order. |
Order in Council (No. 1A) Substituting New Provisions for those of Class 7 in the Order in Council of August 5, 1875, as to the Classification of Explosives. | 12th December 1891 (noted Rev. VII, p.1). | The whole Order. |
Order in Council (No. 15) Prohibiting Fireworks Consisting of or Containing Sulphur in Admixture with Chlorate of Potassium or other Chlorate. | S.R. & O. 1894/15. | The whole Order. |
Order in Council (No. 16) Repealing and Consolidating the Previous Orders Relating to Premises Registered for the Keeping of Mixed Explosives. | S.R. & O. 1896/964. | The whole Order. |
Order in Council (No. 19) Prohibiting Fireworks consisting of or containing Phosphorus in admixture with Chlorate of Potassium or other Chlorate. | S.R. & O. 1905/8. | The whole Order. |
Order in Council (No. 16A) Varying the Order in Council (No. 16) of October 26, 1896 Relating to the Keeping of Fireworks on Registered Premises. | S.R. & O. 1906/380. | The whole Order. |
Order in Council (No. 16B) Amending Order in Council of October 26, 1896 (No. 16) Relating to the Keeping of Mixed Explosives on Registered Premises. | S.R. & O. 1912/1861. | The whole Order. |
Order in Council (No. 1B) Amending Order in Council of August 5, 1875 (No. 1) Relating to the Classification of Explosives. | S.R. & O. 1913/481. | The whole Order. |
Order of Secretary of State (No. 2A) Amending Order of Secretary of State (No. 2) of November 1875 Applying General Rules to Floating Magazines for Explosives Other than Gunpowder, whether with or without Gunpowder. | S.R. & O. 1923/926. | The whole Order. |
Order in Council (No. 3A) Amending the Order in Council of November 27, 1875 (No. 3), as to Magazines for Explosives Other than Gunpowder, whether with or without Gunpowder. | S.R. & O. 1925/40. | The whole Order. |
Order in Council (No. 2A) Amending the Order in Council of November 27, 1875 (No. 2), making General Rules for Factories for Explosives other than Gunpowder. | S.R. & O. 1925/41. | The whole Order. |
Order in Council (No. 4A) Amending the Order in Council of November 27, 1875 (No. 4) as to Small Firework Factories. | S.R. & O. 1925/42. | The whole Order. |
Order in Council (No. 6D) Amending the Order in Council of November 27, 1875 (No. 6), as to Stores Licensed for Mixed Explosives. | S.R. & O. 1925/43. | The whole Order. |
Order of the Minister of Home Affairs (No. 11), Dated August 10, 1925, Making Byelaws as to the Conveyance of Explosives on Roads, and in Certain Special Cases. | S.R. & O. (N.I.) 1925 No. 81. | The whole Order except paragraph 3 and the second paragraph of paragraph 5. |
Order in Council (No. 26) Relating to Picric Acid, Picrates and Mixtures of Picric Acid with other Substances. | S.R. & O. 1926/823. | The whole Order. |
Order in Council (No. 27) the Explosives (Di-Nitro- Phenol and Di-Nitro- Phenolate) Order, 1927. | S.R. & O. 1927/594. | The whole Order. |
Order in Council (No. 29) (The Liquid Oxygen Explosives Order, 1928). | S.R. & O. 1928/1045. | The whole Order. |
Order made by the Minister of Home Affairs, Dated March 15, 1940, Relating to the Conveyance of Detonators and Electric Detonators with other Explosive. | S.R. & O. (N.I.) 1940 No. 24. | The whole Order. |
Order made by the Minister of Home Affairs, Dated April 17, 1944, Altering the Byelaws Relating to the Conveyance of Detonators and Electric Detonators with other Explosive and to the Quantity of Explosive which may be Conveyed in any one Carriage. | S.R. & O. (N.I.) 1944 No. 34. | The whole Order. |
The Conveyance of Explosives Byelaws (Northern Ireland) 1953. | S.R. & O. (N.I.) 1953 No. 102. | The whole Byelaws. |
The Magazines for Explosives Order (Northern Ireland) 1953. | S.R. & O. (N.I.) 1953 No. 129. | The whole Order. |
The Stores for Explosives Order (Northern Ireland) 1953. | S.R. & O. (N.I.) 1953 No. 130. | The whole Order. |
The Explosives Regulations (Northern Ireland) 1970. | S.R. & O. (N.I.) 1970 No. 110. | In regulation 3, the words “Except as provided by Regulation 5”. Regulation 5. In the Schedule, Forms 3 and 4. |
The Conveyance of Explosives Byelaws (Northern Ireland) 1971. | S.R. & O. (N.I.) 1971 No. 274. | The whole Byelaws. |
The Explosives (Licensing of Stores and Registration of Premises) Variation of Fees Regulations (Northern Ireland) 1985. | S.R. 1985 No. 97. | The whole Regulations. |
The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991. | S.R. 1991 No. 516. | In regulation 3(3), the words “Subject to regulation 11”. Regulation 11. |
The Placing on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 1993. | S.R. 1993 No. 488. | Regulation 11. Schedule 4. |
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997. | S.R. 1997 No. 455. | In Schedule 7, the entry relating to the Explosives Act 1875. |
S.I. 1993/3160 (N.I. 15), to which there are amendments not relevant to these Regulations.
1929 c. 13, to which there are amendments not relevant to these Regulations.
1946 c. 49 (9 & 10 Geo. 6.).
1968 c. 25, to which there are amendments not relevant to these Regulations.
1970 c. 10, to which there are amendments not relevant to these Regulations.
S.I. 1973/2163, to which there are amendments not relevant to these Regulations.
1990 c. 43. Section 30 of the Control of Pollution Act 1974 is prospectively repealed by Schedule 16 of the Environmental Protection Act 1990.
S.R. 1979/195, to which there are amendments not relevant to these Regulations.
S.I. 1997/2778 (N.I. 19), to which there are amendments not relevant to these Regulations.
S.R. & O. 1906/679.
S.R. & O. 1937/54, amended by S.R & O. (N.I.) 1947 No. 128 and S.R. 1979 No. 290.
S.R. & O. (N.I.) 1970 No. 110, to which there are amendments not relevant to these Regulations.
S.R. 1991 No. 516, to which there are amendments not relevant to these Regulations.
S.I. 1995/204, to which there are amendments not relevant to these Regulations.
S.R. 1999 No. 496 to which there are amendments not relevant to these Regulations.
S.R. 2000 No. 1646, to which there are amendments not relevant to these Regulations.