The Explosives Regulations 2014

These Regulations may be cited as the Explosives Regulations 2014 and, save as provided in paragraph (2), come into force on 1st October 2014.

Regulations 33(7) and 36, and regulations 43 and 44 and Schedule 11 to the extent that those provisions relate to regulations 33(7) and 36, come into force on 5th April 2015.

In these Regulations —

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 M7;

• F53...

• F54...

• “ammonium nitrate blasting intermediate” means a substance assigned in accordance with the United Nations Recommendations the U.N. no. 3375;

• F55“approved body” has the meaning given to it in regulation 69 (approved bodies);

• “authorised defence site” has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 M8;

• F25“authorised representative” means a person established F52in the United Kingdom who has received a written mandate from the manufacturer to act on the manufacturer’s behalf in relation to specified tasks;

• “black powder” means an intimate mixture, with or without sulphur, of charcoal or other carbon with potassium nitrate or sodium nitrate, whether the mixture is in meal, granular, compressed or pelletised form, being an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0027 or 0028;

• F56...

• “centre point”, in relation to a store or a building, means the centre point of the store or building determined as far as is reasonably possible;

• “chief officer of police”

  1. a

     in relation to England and Wales, has the same meaning as in section 101(1) of the Police Act 1996 M9; and

  2. b

     in relation to Scotland, means the person appointed to the office of chief constable under section 7(1)(a) of the Police and Fire Reform (Scotland) Act 2012 M10; and

  in relation to an area, means the chief officer of police for that area;

• “civil explosive” means an explosive which has been or would be classified in accordance with the United Nations Recommendations as falling within Class 1 but it does not include—

  1. a

     ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M11;

  2. b

     any explosive which it is shown is intended for lawful use by the armed forces or the police of any country; F26or

  3. c

     a pyrotechnic article; F27...

  4. d

     F28...

• F29...

• “Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations;

• “the Commission” means the Commission of the European Union;

• F57...

• F30“conformity assessment” means the process demonstrating whether the essential safety requirements relating to a civil explosive have been fulfilled;

• F30“conformity assessment body” means a person who performs conformity assessment activities, including calibration, testing, certification and inspection;

• F58“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 41;

• “desensitised explosive” means —

  1. a

     a solid explosive substance which has been wetted with water or alcohol or diluted with one or more other substances; or

  2. b

     a liquid explosive substance which has been dissolved or suspended in water or one or more other substances,

  to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;

• F59“designated standard” has the meaning given to it in regulation 2A;

• F31“the Directive” means Directive 2014/28/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market and supervision of explosives for civil uses (recast) F60 (as it has effect immediately before IP completion day);

• “disposes”, in relation to explosives and explosive-contaminated items, means destroying the explosives or explosive-contaminated items or otherwise rendering them harmless;

• F32“distributor” means a person in the supply chain, other than a manufacturer or an importer, who makes a civil explosive available on the market and “distributes” in relation to Part 11 and “distribution” in relation to Part 13 are to be construed accordingly

• F33“economic operator” means a manufacturer, authorised representative, importer, distributor or any person who engages in the storage, use, transfer, import, export or trading of civil explosives;

• F33“enforcing authority”, in relation to Part 13, means the Executive;

• F33“essential safety requirements” means the requirements set out in Schedule 9 (essential safety requirements);

• F61...

• “the Executive” means the Health and Safety Executive M12;

• “explosive” means —

  1. a

     any explosive article or explosive substance which would —

     1. i

        if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; or

     2. ii

        be classified in accordance with the United Nations Recommendations as —

     3. aa

        being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and

     4. bb

        falling within Class 1; or

  2. b

     a desensitised explosive,

  but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;

• “explosive article” means an article containing one or more explosive substances;

• “explosives certificate” has the meaning given in regulation 4(1);

• “explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is —

  1. a

     capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or

  2. b

     designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;

• “firearm” has the meaning given in section 57(1) of the Firearms Act 1968 M13;

• “fireworks” means the explosive articles assigned in accordance with the United Nations Recommendations any of the U.N. nos. 0333 to 0337;

• “GB nuclear site” has the meaning given in section 68 of the Energy Act 2013 M14;

• F62...

• “harbour” means a harbour which is within the jurisdiction of a harbour authority and includes—

  1. a

     the areas of water within the jurisdiction of that harbour authority; and

  2. b

     land within the jurisdiction of, or occupied by, the harbour authority and used in connection with the loading and unloading of ships,

  but does not include the areas of water which are within the jurisdiction not only of the harbour authority but also of another harbour authority and which are used primarily by ships using berths within the harbour of that other harbour authority;

• “harbour authority” has the meaning given in section 57 of the Harbours Act 1964 M15;

• “hazard type” means any of hazard type 1 explosive, hazard type 2 explosive, hazard type 3 explosive or hazard type 4 explosive;

• “hazard type 1 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a mass explosion hazard;

• “hazard type 2 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a serious projectile hazard but does not have a mass explosion hazard;

• “hazard type 3 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard and either a minor blast hazard or a minor projectile hazard, or both, but does not have a mass explosion hazard;

• “hazard type 4 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard or slight explosion hazard, or both, with only local effect;

• “headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 M16;

• “Her Majesty's Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employee of the department of the Secretary of State having responsibility for defence attached to those forces;

• “holder” in relation to an explosives certificate means the person named in the explosives certificate as a person fit to acquire, or to acquire and keep, explosives;

• F63“importer”, in relation to civil explosives, means any person who—

  1. a

     is established in the United Kingdom and places a civil explosive from a country outside of the United Kingdom on the market; or

  2. b

     is established in Northern Ireland and places a civil explosive on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

• “licence”, save in the definition of “prohibited person”, means a licence for the manufacture or storage of explosives granted under regulation 13 and includes a varied licence;

• “licensee” means a person who has been granted a licence under regulation 13 and includes a person to whom a licence is transferred and a person treated under regulation 18 as being licensed;

• “licensing authority” has the meaning assigned to it by Schedule 1;

• “local authority”, apart from in paragraph 6(1)(c) of Schedule 11, means, in relation to —

  1. a

     the City of London, the Common Council for the City of London;

  2. b

     an area in the rest of London, the London borough council for that area;

  3. c

     an area where there is a metropolitan county fire and rescue authority, that authority;

  4. d

     the Isles of Scilly, the Council of the Isles of Scilly;

  5. e

     an area in the rest of England, the county council for that area or where there is no county council for that area, the district council for that area;

  6. f

     an area in Scotland, the council for the local government area; and

  7. g

     an area in Wales, the county council or the county borough council for that area;

• F34“making available on the market” means any supply for distribution, consumption or use on the market F67of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

• “manufacture” includes—

  1. a

     in relation to explosive articles, their repair, modification, disassembly or unmaking;

  2. b

     in relation to explosive substances, their reprocessing, modification or adaptation;

  but it does not include the packing, unpacking, re-packing, labelling or testing of explosives or the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers;

• F35“manufacturer”, in relation to civil explosives, means a person who—

  1. a

     manufactures a civil explosive, or has a civil explosive designed or manufactured; and

  2. b

     markets that civil explosive under that person’s name or trade mark or uses it for their own purposes;

• F35“market surveillance authority” means the Executive;

• “mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

• F36“mobile explosives manufacturing unit” means a moveable unit, whether mounted on a vehicle or not, for manufacturing and charging explosives from dangerous goods that are not explosives, with the unit consisting of various tanks, bulk containers and related equipment;

• “new nuclear build site” has the meaning given in regulation 2A of the Health and Safety (Enforcing Authority) Regulations 1998 M17;

• F64...

• “the ONR” means the Office for Nuclear Regulation M18;

• “ONR regulated site” has the meaning given in paragraph (11);

• “percussion caps” means items intended for use in small arms ammunition or small arms assigned in accordance with the United Nations Recommendations the UN no. 0044 or 0378;

• F37“place on the market” means the first making available on the market F68of Great Britain, and related expressions must be construed accordingly;

• “police force”, for the purposes of F3regulations 3(10)(b) and (11)(e) and 27(3)(e), includes—

  1. a

     the police force known as the British Transport Police Force M19; and

  2. b

     the constabulary known as the Civil Nuclear Constabulary by virtue of section 52(1) of the Energy Act 2004 M20;

• “preparation” means a mixture of two or more substances or a solution of any substance or substances;

• “prohibited person” means a person, other than a person in respect of whom an order has been made under regulation 22(4), who—

  1. a

     has been convicted of any offence under the Explosive Substances Act 1883 M21, or

  2. b

     has been sentenced to a sentence which is excluded from rehabilitation under the Rehabilitation of Offenders Act 1974 M22 by virtue of section 5(1) and (1A) of that Act; or

  3. c

     has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974 M23, for a term exceeding 30 months, but not exceeding 48 months, and less than the period of 7 years has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 42 months from that day for those under the age of 18 at the time of conviction; or

  4. d

     has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term exceeding 6 months, but not exceeding 30 months, and less than the period of 48 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 24 months from that day for those under the age of 18 at the time of conviction; or

  5. e

     has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term not exceeding 6 months and less than the period of 24 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 18 months from that day for those under the age of 18 at the time of conviction; or

  6. f

     has been sentenced to a sentence of service detention, within the meaning of section 5(8) of the Rehabilitation of Offenders Act 1974 M24, for a recordable service offence and less than the period of 12 months has elapsed, beginning with the day on which the sentence is completed, or less than 6 months from that day for those under the age of 18 at the time of conviction, and, for these purposes —

     1. i

        “conviction” includes a finding or a substituted finding that is treated as a conviction by virtue of section 376 of the Armed Forces Act 2006 M25; and

     2. ii

        “recordable service offence” has the meaning given by article 2(1) of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 M26 and paragraph 4 of Schedule 2 to that Order;

• “propellant” means a deflagrating explosive used as a propellant in firearms;

• “public consultation zone” means the area around the store or proposed store, or the building where the manufacture of explosives takes place or is proposed to take place, which, from the centre point of the store or building, has a radius equivalent to double the greatest separation distance required by virtue of these Regulations to apply in the case of that store or building;

• “pyrotechnic article” means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;

• “pyrotechnic substance” means an explosive substance of a kind designed to produce an effect by heat, light, sound, gas or smoke, or a combination of any of these, as a result of non-detonative, self-sustaining, exothermic chemical reactions;

• F38“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

• F38“recall” means taking any measure aimed at achieving the return of a civil explosive that has already been made available to the end-user and related expressions must be construed accordingly;

• “recipient competent authority document” has the meaning in regulation 8(9);

• F65“relevant authority” means any public authority which has a function under these Regulations or a function under another enactment in relation to the security or traceability of civil explosives;

• F39“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 66 (conformity assessment procedures);

• “relevant explosive” means an explosive for which an explosives certificate is required under regulation 5 for acquiring or keeping that explosive, or would be so required were it not for regulation 3(7), and, in relation to regulations 35 and 37 and paragraph 4 of Schedule 4 it also includes—

  1. a

     ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M27; and

  2. b

     smokeless powder,

  even though, and to the extent that (in the case of smokeless powder), an explosives certificate is not required for their acquisition or keeping;

• “relevant police force” means in the case of an explosives certificate—

  1. a

     which will certify that the holder is a fit person to keep explosives, the police force for the police area in which the place of keeping is or is to be situated,

  2. b

     which will certify only that the holder is a fit person to acquire explosives, the police force for the police area in which the applicant for a certificate resides or, in the case of a body corporate, in which the applicant has its registered office, or, if it has no registered office, its principal office,

  3. c

     which has been issued, the police force stated in the certificate;

• “renewal of a licence” means the granting of a licence to follow a previous licence without any amendment or gap in time;

• “restricted substance” means any collection of substances which would if mixed form one or more explosive substances and which has been prepared for that purpose;

• “separation distance” means the distance between the store or the building or other place in or at which explosives are, or are to be, manufactured and a building, or other place in or at which people are or are likely to be present either all the time or from time to time;

• “ship” includes every description of vessel used in navigation;

• “shooters' powder” means —

  1. a

     black powder,

  2. b

     smokeless powder which is manufactured for use in small arms, or

  3. c

     any other substance or preparation based on potassium nitrate or nitro cellulose, whether in powder, pelletised or granular form, used, or to be used, as a propellant;

• “site” means the whole area under the control of the same person and, for these purposes —

  1. a

     all places adjoining each other under the control of the same person are to be treated as a whole area; and

  2. b

     two or more areas under the control of the same person separated only by a road, railway or inland waterway are to be treated as a whole area;

• “small arms” means any of—

  1. a

     F4 a firearm with a calibre not larger than 19.1 millimetres designed to fire ammunition consisting of a propelling charge and an inert projectile;

  2. b

     F4 a shotgun as defined by section 1(3) of the Firearms Act 1968 M28; or

  3. c

     F4 a firearm intended to fire blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge;

• “small arms ammunition” means the explosive articles assigned in accordance with the United Nations Recommendations the U.N. no. 0012, 0014 or 0055 which are intended exclusively for use in small arms;

• “smokeless powder” means an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0509 or 0161 and which is intended exclusively for use in firearms;

• “store” means a building, enclosed area or metal structure in which explosives are, or are to be, stored;

• “substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;

• F40“technical documentation” has the meaning given in regulation 40(b) (technical documentation and conformity assessment);

• F40“technical specification” means a document that prescribes technical requirements to be fulfilled by a civil explosive;

• “transfer”, in relation to explosives, means —

  1. a

     in regulations 3(14) and 8, any physical movement of explosives apart from movement within one site and whether or not transferring possession of or property in the explosives is involved; and

  2. b

     for all other provisions, transferring possession of or property in the explosives, save that, in relation to regulation 38(2) it is limited to a transfer of possession;

• F66“UK marking” means the marking in the form set out in Annex 2 of RAMS;

• “UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

• “U.N. no.” means United Nations Serial Number, that is to say one of the four-digit numbers devised by the United Nations as a means of identification of types of explosives in accordance with the United Nations Recommendations;

• “United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26 April 1957)) M29 as revised or reissued from time to time;

• “visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952 M30;

• “water-based”, in relation to explosives, means explosives which are based on water and ammonium nitrate and assigned in accordance with the United Nations Recommendations the U.N. no. 0241; and

• “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006 M31.

• F41“withdraw”, when used in relation to a civil explosive, means taking any measure aimed at preventing a civil explosive in the supply chain from being made available on the market and related expressions must be construed accordingly.

For the purposes of these Regulations, the manufacture or storage of ammonium nitrate blasting intermediate is deemed to be the manufacture or storage of an explosive.

For the purposes of measuring any distance required to be a separation distance by virtue of these Regulations, the distance to be measured is the horizontal distance between the outside edge of the store or the building or other place in or at in which the explosives are, or are to be, manufactured and the nearest point of the building or other place which the separation distance applies to.

Any reference in these Regulations to the quantity of an explosive is to be construed as a reference to the net mass of explosive substance.

Subject to paragraph (7), where, during any transport of any explosive beyond the place where it is stored, that explosive is, or is to be, kept at any place for more than twenty-four hours, that keeping is to be treated as storage within the meaning of these Regulations and the provisions of these Regulations apply to that keeping accordingly, notwithstanding any application of the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M32 to that transporting.

Paragraph (6) does not apply to explosives in respect of which there is in existence an explosives licence granted under F48regulation 17 of the Dangerous Goods in Harbour Areas Regulations 2016.

Any reference in the definitions in this regulation of “desensitised explosive”, “explosive substance”, “pyrotechnic article”, “pyrotechnic substance” or “substance” to liquid, gas, gaseous form or vapour, means, respectively, liquid, gas, gaseous form or vapour at normal atmospheric temperature and pressure.

Any reference to acquiring an explosive means acquiring possession of or property in the explosive.

Until the entry into force of any amendment made to Annex II (technical regulations, standards, testing and certification) to the EEA Agreement by a Decision of the EEA Joint Committee, inserting a reference to the Directive into that Annex, references in regulations 2(1) and 8 and Part 13 and its related Schedules to, as the case may be, “an EEA state”, “another EEA state”, “the EEA state”, “other EEA state” or “other EEA states” are to be construed as referring to, respectively, “a member State”, “another member State”, “the member State”, “other member State” and “other member States”.

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

Before publishing a reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with F136such technical specifications adopted by the other recognised standardisation bodies F137or by international standardising bodies as the Secretary of State considers to be relevant.

The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

In this regulation, a reference to a “product” is a reference to a civil explosive.

The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

Regulations made under paragraph (9) are to be made by statutory instrument.

A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.

Except as provided by paragraphs (2) and (3), these Regulations extend to England and Wales and Scotland.

Regulation 29 extends to Northern Ireland M35 in so far it applies to the importation of pyrotechnic articles and substances.

Regulations 4, 5, 11, 19, 21, 22, 31, 32, 35 and 37 do not apply to any explosive nuclear device.

Regulations 7, 12 to 14, 16 to 18, 20, 23, 27, 29 and 30 do not apply to explosives seized by an inspector appointed under section 19 of the 1974 Act in the performance of the inspector's functions.

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An explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

For the purposes of this regulation, where a person acts as an agent to acquire a relevant explosive for another person, the agent is to be treated as if the agent, as well as that other person, had acquired the relevant explosive and the provisions of paragraph (1) accordingly apply to the agent as well as to that other person.

Subject to paragraph (2), no person may manufacture explosives unless that person holds a licence for that manufacture and complies with the conditions of that licence.

Where any of the activities in paragraph (2) for which a licence is not required are to take place at a site in relation to which a person holds a licence, the activity may only be carried out there where to do so would not result in a breach of the conditions of that licence.

Subject to paragraph (2), no person may store explosives unless that person holds a licence for their storage and complies with the conditions of that licence.

Where any storage to which paragraph (2) applies for which a licence is not required is to take place at a site in relation to which a person holds a licence, that storage may only take place there where to do so would not result in a breach of the conditions of that licence.

Before any civil explosives are transferred, the consignee must obtain from the competent authority F142..., a recipient competent authority document which grants approval for the transfer.

No person may consign any civil explosives for carriage to a place outside Great Britain unless the approval of the F143relevant competent authority has been obtained.

No person may consign any civil explosives for carriage unless that person is satisfied that the consignee has the recipient competent authority document required by paragraph (1).

No person may carry civil explosives unless the civil explosives are accompanied by the recipient competent authority document required by paragraph (1) or a copy of that document certified by or on behalf of the consignee to be a true copy thereof.

For the purposes of this regulation, any transfer of civil explosives to a place outside F144the United Kingdom is treated as a transfer which will terminate at the place where the civil explosives are immediately before leaving F144the United Kingdom.

The consignee of any civil explosives must retain the recipient competent authority document or a copy thereof for a period of 3 years from the completion of the transfer.

This regulation does not apply to the transfer of any component of small arms ammunition by a person for that person's own sporting or other recreational use and not for sale, or to the transfer of such component following which the component is in the possession of a person for such purposes.

Except as part of a transfer carried out in accordance with this regulation, the importation of civil explosives into the United Kingdom is prohibited.

A recipient competent authority document issued under this regulation may be granted for such period as the competent authority determines and may be revoked by notice in writing by that authority on grounds of safety or security.

A transfer document issued under the Directive, which was valid immediately before IP completion day is deemed to be a valid recipient competent authority document for the purposes of this regulation after IP completion day, until such time as it expires or is withdrawn by a relevant competent authority.

This regulation does not apply to a person who is transporting fireworks on behalf of another person.

In proceedings against a person for a contravention of regulation 5(2), it is a defence for that person to prove that the keeping of explosives in contravention of that provision was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

In proceedings against a person for a contravention of regulation 7(1), it is a defence for that person to prove that the storage of explosives without a licence or in breach of a condition of a licence was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

In proceedings against a person for a contravention of regulation 7(1) where it is alleged against that person that the storage concerned was for a period longer than a period (“the permitted period”) referred to in regulation 7(2)(b), (c), (d) or (e)(i) or (ii), it is for that person to prove that the storage concerned was for no longer than the permitted period.

Subject to paragraphs (4) to (6), an application for an explosives certificate must be made to the chief officer of police for the relevant police force.

An application for an explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

A chief officer of police must issue an explosives certificate to an applicant if satisfied that the applicant is a fit person to hold an explosives certificate in accordance with any terms of that certificate.

This paragraph applies with respect to an explosives certificate which would, if granted, certify only that the holder is a fit person to acquire explosives and where the person who would be the holder is not resident in Great Britain or, in the case of a body corporate, does not have a registered office or any other office in Great Britain.

Where paragraph (4) applies, the application for an explosives certificate may be made by a person resident in Great Britain who has knowledge of and control over any occasion when the person to whom the certificate would relate would acquire or use explosives.

An application pursuant to paragraphs (4) and (5) must be made to the chief officer of police for the police area in which the person who makes the application resides or, in the case of a body corporate, has its registered office or, if it has no registered office, its principal office.

The holder of an explosives certificate must inform the chief officer of police who issued it of any change in the holder's address or, where the holder is a body corporate or partnership, of its proper address for the purposes of section 46(4) of the 1974 Act, either before or immediately after any such change occurs.

Subject to paragraph (3), the licensing authority must grant a licence or renewal of a licence unless any of the grounds for refusing to do so referred to in regulation 20 apply.

A licence granted pursuant to this regulation must be in a form approved for the time being for the purposes of this regulation by the Executive.

Where this regulation applies by virtue of regulation 13(3), the relevant licensing authority must, subject to regulation 20, issue the applicant with a draft licence containing the conditions which that licensing authority proposes to attach to the licence.

The applicant must as soon as reasonably practicable send a copy of the application and draft licence to the local authority in whose area the manufacture or storage is proposed to take place.

The local authority must send a copy of any representations referred to in paragraph (3)(a)(ii) to the applicant as soon as reasonably practicable after receiving them.

In considering whether to assent, the local authority must have regard only to health and safety matters.

Subject to paragraph (7), the local authority must, before deciding whether to assent to the application, hold a public hearing within 4 months of the date of its receipt of the copy of the application and draft licence referred to in paragraph (2).

If, after the period of 28 days referred to in paragraph (3)(a)(ii) has elapsed, the local authority has received no objection to the application, or has only received objections which in its opinion are frivolous or immaterial, it may assent to the application without holding a hearing.

The local authority must notify the applicant and the relevant licensing authority of its decision within 7 days of making it.

If the local authority does not respond to the written request within 28 days from the date of the request, the local authority is deemed to have assented to the application.

The applicant must pay a fee to the local authority for the performance by that authority of their functions under this regulation, which fee must not exceed the sum of the costs reasonably incurred by that authority in performing those functions.

Subject to paragraphs (7) and (8), a licence may be varied on the grounds referred to in paragraph (1)(a) or (b) without the agreement of the licensee.

Where a licensing authority proposes to vary a licence without the agreement of the licensee it must, before taking any such action, notify the licensee of its proposed course of action and afford the licensee the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

Representations made for the purpose of F2paragraph (5) may be made in writing, or both in writing and orally.

Where the licensing authority decides to vary a licence without the agreement of the licensee it must provide the licensee with written reasons for its decision.

Where the licensing authority varies a licence without the agreement of the licensee, that variation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (5).

In this regulation, any reference to varying a licence includes varying its conditions.

A licence may be transferred in writing by the licensing authority which issued the licence to any other person who wishes to manufacture or store explosives in place of the licensee and who applies to the licensing authority for the transfer.

Where a licensing authority is of an opinion referred to in sub-paragraph (a) or (b) of paragraph (2), it must, subject to regulation 20, refuse the application to transfer the licence.

If a licensee becomes bankrupt or, in the case of a company, goes into liquidation, administration or receivership or has a receiving order made against it, any liquidator, administrator, receiver or trustee in bankruptcy is to be treated as being the licensee.

A chief officer of police must not issue an explosives certificate to a person if the chief officer of police is satisfied that the person is of unsound mind or intemperate habit.

Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

A refusal by the licensing authority, pursuant to paragraph (1), to issue the draft licence referred to in regulation 14(1) is to be treated for the purposes of these Regulations as a refusal of an application for a licence.

A chief officer of police may revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that the holder was not when the explosives certificate was issued, or is no longer, a fit person to hold an explosives certificate in the terms of that explosives certificate.

A chief officer of police must revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that any of the conditions in paragraph (1) or (2) of regulation 19 was not met when the explosives certificate was issued, or is no longer met.

The holder of an explosives certificate must surrender it to the chief officer of police who issued it immediately after a notice of revocation has been served on that holder under paragraph (3)(c).

A person aggrieved by any decision of a chief officer of police to refuse an explosives certificate under regulation 19 or to revoke an explosives certificate under regulation 21 may appeal within 21 days of receiving notice of that decision.

An appeal under this regulation in England and Wales is to be to the Crown Court and in Scotland is to be to the sheriff by way of summary application.

The court hearing an appeal under this regulation may dismiss the appeal or allow the appeal and give directions to the chief officer of police to issue or restore the explosives certificate.

A prohibited person may apply to the Crown Court or, in Scotland, to the sheriff by way of summary application for an order that that person is no longer a prohibited person and the court hearing any such application may make an order exempting that person from the provisions of these Regulations relating to a prohibited person.

Where a licensing authority proposes to revoke a licence, it must, before taking any such action, notify the licensee of its proposed course of action and afford that person the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

Where the licensing authority decides to revoke a licence, it must provide in writing to the licensee the reasons for its decision.

Where the licensing authority revokes a licence, that revocation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (3).

Where this regulation applies a licence granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a licence granted by the relevant licensing authority.

Where this regulation applies a licence granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a licence granted by the ONR.

In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.

For the purposes of paragraph (1), the reference to the manufacture or storage of explosives includes a reference to any handling, on-site transport and testing of explosives which is associated with that manufacture or storage.

In this regulation, “fire or explosion” means unplanned fire or explosion at the site of manufacture or storage.

Subject to paragraphs (2) and (3), every person who stores explosives at a site must ensure that the relevant separation distance prescribed by Schedule 5 is maintained between a store and a building or other place to which that Schedule applies.

Any person who discards or disposes of explosives or explosive-contaminated items must ensure, so far as is reasonably practicable, that they are discarded or disposed of safely.

Any person who decontaminates explosive-contaminated items must ensure, so far as is reasonably practicable, that they are decontaminated safely.

A contravention of paragraph (1) concerning importation is punishable only under the 1974 Act.

Where following a request referred to in paragraph (2)(b) the person who has entered that place without permission refuses to leave that site, a constable or the licensee may remove that person from the site using reasonable force, if necessary.

For the purposes of this regulation, a person who acts as agent to transfer any relevant explosive for another person is to be treated as if the person acting as agent as well as that other person had transferred that relevant explosive as principal.

Nothing in paragraph (1)(b), in relation to the transfer to which it refers, is to be taken as meaning that any requirement under other legislation applying in relation to that transfer does not apply.

Subject to paragraph (3), no employer may knowingly employ a prohibited person in a position where the employee handles or has control of any relevant explosive or any restricted substance.

Subject to paragraph (3), no prohibited person, regardless of whether the person satisfies regulation 5, may acquire, handle or have control of any relevant explosive or any restricted substance.

This regulation does not apply to the employment of, or the acquisition, keeping, handling or control of any relevant explosive or any restricted substance in the course of their duties by, members of Her Majesty's Forces.

Paragraph (1) does not apply where the civil explosive is manufactured for export and is marked with an identification in accordance with the requirements of the importing country for allowing traceability of the civil explosive.

Where a civil explosive is subject to a further manufacturing process after its original manufacture, the manufacturer must mark each civil explosive item relating to the civil explosive subjected to that further process, with a new unique identification only if the original unique identification is no longer marked in the way that paragraph (2)(b) requires and any new marking so required must be done as soon as is practicable after that further process and before the civil explosive may be moved away from the site where it is manufactured.

Paragraph (5) does not apply where the civil explosive items are marked with a unique identification before importation.

This regulation applies for the purposes of the attribution of a three digit code (referred to in this regulation as the “code”) to a site where civil explosives are manufactured, which is unique to that site and is a component of the unique identification described in Schedule 6.

Where this paragraph applies, the manufacturer must apply to the Secretary of State for Northern Ireland for the Secretary of State to attribute a code for the site where the civil explosives are manufactured.

Subject to paragraph (2), a person (“person A”) who acquires or keeps a relevant explosive must keep a record containing the information referred to in paragraph (3).

The record of that information must be kept up to date by person A.

The system applied by person A for collecting the information must be tested by person A at regular intervals to ensure its effectiveness and the quality of the information recorded.

Person A must keep the record for a period of three years from the date when the relevant explosive concerned was used, transferred to another person or destroyed.

Person A must protect the record against accidental or malicious damage or destruction.

Where a business of person A which acquires or keeps any relevant explosive is to cease to trade, person A must notify the enforcing authority of that fact and offer any record still required to be kept pursuant to paragraph (6) to that authority.

When regulation 36 is in force, this regulation, to the extent that it concerns civil explosives to which the duty in regulation 36(1) will then apply, ceases to have effect in relation to those civil explosives.

Subject to paragraph (2), a person (“person B”) who manufactures, imports, distributes, acquires or keeps any civil explosive must, in respect of any civil explosive manufactured in, or imported into, Great Britain on or after 5th April 2015, keep a record containing the information referred to in paragraph (3).

The duty imposed by paragraph (1) does not apply to individuals who acquire any civil explosive, otherwise than in connection with their work, solely for their own personal use.

The record of that information must be kept up to date by person B.

The system applied by person B for collecting the information must be tested by person B at regular intervals to ensure its effectiveness and the quality of the information recorded.

Person B must keep the record for a period of ten years from the date when the civil explosive concerned was used, transferred to another person or destroyed.

Person B must protect the record against accidental or malicious damage or destruction.

Where a business of person B which manufactures, imports, distributes, acquires or keeps civil explosives is to cease to trade, person B must notify the enforcing authority of that fact and provide any record still required to be kept pursuant to paragraph (6) to that authority, who must keep that record for the remainder of the period referred to in that paragraph.

Any person who transports, loads or unloads relevant explosive or is the occupier of a place where it is loaded or unloaded must also report the loss of any relevant explosive without delay to the consignor or, if the consignor is outside the United Kingdom, to the consignee.

Any person making a report under paragraph (3) must provide the consignor or consignee with any information in the possession of the person making the report which the consignor or consignee needs to comply with paragraph (5).

Any consignor or consignee to whom a loss is reported under paragraph (3) must without delay notify the loss in writing to the chief officer of police for the police area in which the loss was discovered, and also (if different) the chief officer of police who issued any explosives certificate held by the consignor or consignee which relates to the relevant explosive the loss of which has been so reported, giving the information listed in paragraph (2).

Employees must inform their employer without delay if they become aware of any loss of any relevant explosive which their employer must report.

Where any loss of a relevant explosive occurs at a site in relation to which the Executive is the licensing authority by virtue of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the Executive.

Where any loss of a relevant explosive occurs at a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the ONR.

The person required by paragraph (1) to ensure that a loss is reported must maintain adequate systems for ensuring that any loss of a relevant explosive is detected.

That system must be tested by that person at regular intervals to ensure its effectiveness.

In determining whether any relevant explosive is lost for the purposes of this regulation, no account is to be taken of any relevant explosive in respect of which it can be shown that the cause was not theft and that the relevant explosive no longer exists.

No person may manufacture any plastic explosive, the finished product of which is unmarked.

No person may be in possession, nor transfer possession, of any unmarked plastic explosive.

Paragraph (2) does not apply to a plastic explosive that is in the process of being manufactured.

No person may import any unmarked plastic explosive into the United Kingdom.

For the purposes of this regulation, a plastic explosive is marked if, at the time of its manufacture, it, or a sample of the plastic explosive, contains a detection agent of at least the concentration specified in the corresponding entry for that detection agent in column 2 of the Table in Part 2 of Schedule 8, whether that detection agent is introduced during the process of manufacture of the plastic explosive for the purpose of making the plastic explosive detectable or as a result of the normal formulation of that plastic explosive.