SCHEDULE 11ENFORCEMENT WITHIN GREAT BRITAIN

PART 2ENFORCEMENT OF PROVISIONS

Enforcement in respect of the manufacture and storage of explosives2

1

A licensing authority is the enforcing authority for the manufacture and storage provisions—

a

for a site in relation to which it has granted a person a licence;

b

where, in relation to a deemed licence, it would have been the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence had been made under these Regulations;

c

where, in any case other than those mentioned in paragraphs (a) and (b)—

i

it would be the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence is, or should have been, made under these Regulations; or

ii

it would have been the licensing authority had the requirements of paragraph (1) of regulation 6 not been disapplied by paragraph (2) of that regulation or the requirements of paragraph (1) of regulation 7 not been disapplied by paragraph (2) of that regulation.

2

In this paragraph—

a

“deemed licence” means—

i

any licence deemed by regulation 47(1) to be a licence granted under regulation 13;

ii

any licence deemed to be held by a person pursuant to regulation 47(12); and

iii

any registration deemed by regulation 47(2) to be a licence granted under regulation 13;

b

“manufacture and storage provisions” means—

i

regulations 6, 7, 23, 26, 27 and 30 as they apply otherwise than in respect of the manufacture and storage of ammonium nitrate blasting intermediate;

ii

regulation 29 as it applies to the manufacture and storage of chlorate mixtures.