The Explosives Regulations 2014

Prohibitions concerning the transfer of relevant explosives U.K.

31.—(1) No person may transfer any relevant explosive to another person (“ the transferee”) unless—

(a) the transferee has an explosives certificate certifying that the transferee is a fit person to acquire that relevant explosive;

(b) the relevant explosive is for immediate export to a transferee resident outside the United Kingdom;

(c) the [F1 relevant] explosive is for immediate transport to Northern Ireland and the transferee has police consent under regulation 11(1) of the Explosives Regulations (Northern Ireland) 1970 M1 ;

(d) the relevant explosive is for transport to an offshore installation in controlled waters as both those terms are defined in section 12 of the Mineral Workings (Offshore Installations) Act 1971 M2 ; or

(e) the transferee is a person specified in regulation 3(7) and, where those provisions apply to a specified person only in particular circumstances or for particular purposes, those circumstances or purposes are satisfied in the case of the person concerned.

(2) 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.

(3) For the purposes of this regulation, where any relevant explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time) the relevant explosive is not to be treated as being transferred to or from a person who has possession of it only by reason of being—

(a) a carrier;

(b) a person engaged in the work of loading or unloading; or

(c) the occupier of a place it passes through while on the journey.

(4) 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.

Textual Amendments

F1 Word in reg. 31(1)(c) inserted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 18(d) (with reg. 1(3))

Marginal Citations

M1 S. R. & O. (NI) No. 110, to which there are amendments not relevant to these Regulations.

M2 1971 c. 61. The definitions of “controlled waters” and “offshore installation” were substituted, in relation to England, Wales and Scotland, by S.I. 1995/738.