The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003

Keeping of relevant ammonium nitrate material E+W+S

6.—(1) Subject to paragraph (2) of this regulation and to regulations 7 and 10, no person shall keep relevant ammonium nitrate material unless he complies with the requirements of paragraphs (3) to (6) of this regulation.

(2) This regulation shall not apply to the keeping of relevant ammonium nitrate material by a person—

(a) in packaged form for use by him as a fertiliser, or

(b) for use by him as an explosive on the premises to which it has been delivered by another person who has not contravened these Regulations in relation to the material, or

(c) only for the purpose of transporting it from one destination to another.

(3) He must not keep any relevant ammonium nitrate material from a batch or part batch that does not have a valid detonation resistance certificate or unique numbered copy which clearly identifies the batch or part batch to which it relates, unless—

(a) he is the manufacturer of the material and he is arranging for it to be subjected to a detonation resistance test in accordance with regulation 3(2) or taking action relating to it in accordance with regulation 3(3), or

(b) he is taking action relating to it in accordance with paragraph (4) of this regulation.

(4) Where the detonation resistance certificate relating to it ceases to be valid following a subsequent test in accordance with regulation 8, or where it is apparent to the person keeping the material that it is contaminated or is in such poor condition that it might reasonably be expected to fail a detonation resistance test, that person must—

(a) as soon as practicable notify the enforcing authority and the Executive of that fact (save to the extent to which that fact is within their knowledge), of the measures he will take—

(i) to blend the batch with other suitable material so that the resultant material is not relevant ammonium nitrate material and that the risk of detonation is reduced to an insignificant level, or

(ii) otherwise to reduce the risk of detonation of the batch of relevant ammonium nitrate material concerned to an insignificant level, or

(iii) to have another sample taken by a sampling body and subjected to a detonation resistance test,

and of the period within which he will take them; and

(b) take those measures within that period or, where any notice has been served by the enforcing authority on him requiring alternative measures, a shorter period or both, comply with the requirements in the enforcing authority’s notice.

(5) He must ensure that each batch or part batch of relevant ammonium nitrate material is kept separate and (subject to paragraph (3) of this regulation) has a detonation resistance certificate or unique numbered copy which clearly identifies the batch or part batch to which it relates.

(6) A person who keeps any batch or part batch of relevant ammonium nitrate material must, so far as he is not covered by the obligation in regulation 5(9), keep, for a period of two years after he ceases to keep any of the material, a record of the details of the batch or part batch together with any detonation resistance certificate and a copy of any unique numbered copy relating to it.