The Explosives Act 1875 etc. (Metrication and Miscellaneous Amendment) Regulations 1984

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Explosives Act 1875 etc. (Metrication and Miscellaneous Amendment) Regulations 1984 and shall come into operation on 8th May 1984.

(2) In these Regulations “the principal instruments” means

(a)the Explosives Act 1875,

(b)the Order in Council (No. 16B) under the Explosives Act 1875, amending Order in Council of October 26 1896 (No. 16), relating to the keeping of Mixed Explosives on Registered Premises(1) (“Order in Council No. 16B”),

(c)the Packing of Explosive for Conveyance Rules 1949(2),

(d)the Ammonium Nitrate Mixtures Exemption Order 1967, and

(e)the Orders in Council and orders specified in column 1 of Schedule 1 to these Regulations.

Amendments to the principal instruments

2.  The provisions of the principal instruments specified in Schedule 1 to these Regulations in column 1 shall be amended by substituting for the measurements set out opposite thereto in column 3, the measurements set out in the corresponding entry in column 4.

Amendments to Order in Council No. 16B and to the Packing of Explosive for Conveyance Rules 1949

3.  Wherever in either—

(a) Articles (1) to (3) of Order in Council No. 16B which specify the maximum quantity of explosive allowed to be kept on premises registered for the keeping of mixed explosives; or

(b)the Schedule to the Packing of Explosive for Conveyance Rules 1949 which specifies the methods of packing authorised explosives;

there appears any imperial measurement of weight or distance which is specified in Schedule 2 to these Regulations in column 1, there shall be substituted the metric measurement specified in the corresponding entry in column 2.

Additional amendments to Order of Secretary of State No. 11

4.  The Order of the Secretary of State (No. 11), dated September 20 1924, making Byelaws as to the Conveyance of Explosives on Roads and in certain special cases(3) shall be amended as follows—

(a)in regulation (m) of byelaw 4 (which provides for approval by the Secretary of State of conditions for the conveyance of explosive in certain carriages and boats) by substituting for the words “the Secretary of State” the words “the Health and Safety Executive”;

(b)in regulation (p) of byelaw 4 by substituting for the measurement “8,000 lbs.” (4) (which measurement is the maximum amount of explosive to be conveyed in an enclosed carriage otherwise than on a private railway) the measurement “5 tonnes.”

Amendments to the Ammonium Nitrate Mixtures Exemption Order 1967

5.  Article 2 of the Ammonium Nitrate Mixtures Exemption Order 1967 (which article describes a test by which an explosive is to be a prescribed explosive for the purposes of section 50 of the Explosives Act 1875) shall be amended by substituting for the measurements—

(a)“12 inches (304.8 millimetres)” the measurement “300 millimetres”;

(b)“3 inches (76.2 millimetres)” the measurement “75 millimetres”;

(c)“one gramme” the measurement “1 gram”.

Application to premises and plant in existence or under construction

6.  Where any premises or plant in existence or under construction immediately before the coming into operation of these Regulations complied with the requirements of the principal instruments as then in force, those premises or that plant shall be deemed to comply with the principal instruments as amended by these Regulations.

Revocation

7.  The Explosives (Conveyance) (Private Railways) Byelaws 1960 are hereby revoked.

Signed by order of the Secretary of State.

John Selwyn Gummer

Minister of State

Department of Employment

3rd April 1984