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The Explosives Regulations 2014

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Regulation 2(1)

SCHEDULE 1U.K.MEANING OF “LICENSING AUTHORITY”

1.  Subject to paragraphs 2 to 5, “licensing authority” means—U.K.

(a)in relation to an application for a licence for the storage within one site of no more than 2000 kilograms of explosives to which paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1) applies—

(i)the chief officer of police for the area in which the storage is to take place where—

(aa)any of the explosives are relevant explosives;

(bb)any of the explosives are ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M1;

(cc)any of the explosives are smokeless powder or percussion caps; or

(dd)the explosives are to be stored by a person who is registered as a firearms dealer under section 33 of the Firearms Act 1968 M2;

(ii)the local authority for the area in which the storage is to take place where none of the explosives are of a type to which sub-paragraph (a)(i) applies;

[F1(b)the Executive where the explosives are to be stored—

(i)on the surface at a mine, whether in a building or not;

(ii)below ground at a mine; or

(iii)within a harbour;]

(c)where the application for a licence relates to the manufacture or storage of ammonium nitrate blasting intermediate, the Executive;

(d)in relation to an application for a licence in any other case, the Executive.

Textual Amendments

F1Sch. 1 para. 1(b) substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 18(f) (with reg. 1(3))

Marginal Citations

2.  In any case falling within paragraph 1(a) and subject to paragraph 5, the applicant may apply instead to the Executive for a licence, in which case the Executive is to be the licensing authority in place of the chief officer of police or local authority.U.K.

3.  Where a person wishes to manufacture and store explosives at the same site, and requires a licence for that manufacture and for that storage, the Executive is to be the licensing authority in respect of any application for a licence relating to that site and the reference to “an application” in paragraph 1(d) includes any such application.U.K.

4.  The ONR is the licensing authority in relation to any application for a licence for the manufacture or storage of explosives on an ONR regulated site.U.K.

5.  The applicant may only apply to the Executive pursuant to paragraph 2, where—U.K.

(a)the applicant has notified the Executive that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with; or

(b)the application does not relate to the storage of pyrotechnic articles at any site where those articles are to be offered for sale and the applicant has already been granted a licence by the Executive under paragraph 1 which relates to another site.

Regulation 5(3)(a)

SCHEDULE 2U.K.EXPLOSIVES NOT REQUIRING AN EXPLOSIVES CERTIFICATE

PART 1U.K.LIST OF EXPLOSIVES

ExplosivesU.N. no
2-AMINO-4, 6-DINITROPHENOL, WETTED with not less than 20% water by mass3317
CARTRIDGES, OIL WELL0277
CARTRIDGES, OIL WELL0278
CARTRIDGES FOR TOOLS, BLANK0014
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER0446
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER0447
CORD, IGNITER0066
CUTTERS, CABLE, EXPLOSIVE0070
FUSE, NON-DETONATING0101
FUSE, SAFETY0105
1-HYDROXYBENZOTRIAZOLE, ANHYDROUS0508
1-HYDROXYBENZOTRIAZOLE, MONOHYDRATE3474
LIGHTERS, FUSE0131
5-MERCAPTOTETRAZOL-1-ACETIC ACID0448
NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose2059
NITROCELLULOSE WITH WATER (not less than 25% water, by mass)2555
NITROCELLULOSE WITH ALCOHOL (not less than 25% alcohol, by mass, and not more than 12.6% nitrogen, by dry mass)

2556

NITROCELLULOSE with not more than 12.6% nitrogen, by dry mass, MIXTURE WITH or WITHOUT PLASTICIZER, WITH OR WITHOUT PIGMENT

2557

4-NITROPHENYLHYDRAZINE, with not less than 30% water, by mass3376
PRIMERS, CAP TYPE0044
PRIMERS, CAP TYPE0378

SODIUM PICRAMATE, dry or wetted with less than 20% water by

mass

0235
SODIUM PICRAMATE, WETTED with not less than 20% water, by mass1349
TETRAZOL-1-ACETIC ACID0407

PART 2U.K.FURTHER LIST OF EXPLOSIVES

1.  Ammunition intended for use in small arms.U.K.

2.  Ammunition consisting of a propelling charge and an inert projectile intended for use in the industrial tools commonly known as kiln-gunsU.K.

3.  Blank ammunition intended for use in small arms.U.K.

4.  Cartridges, which are empty but with a primer which—U.K.

(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378;

(b)are intended for use in small arms; and

(c)would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378.

5.  Cartridges power device which—U.K.

(a)is assigned in accordance with the United Nations Recommendations the U.N. no 0275, 0276, 0323 or 0381;

(b)is designed to produce mechanical actions such as inflation, linear or rotary motion, projection of fastening devices or extinguishing agents; and

(c)consists of a casing with a charge of deflagrating explosive and a means of ignition.

6.  A desensitised explosive which is—U.K.

(a)a medicinal product as defined in regulation 2 of the Human Medicines Regulations 2012 M3; or

(b)a veterinary medicinal product as defined in regulation 2 of the Veterinary Medicines Regulations 2013 M4.

Marginal Citations

M3S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

7.  A desensitised explosive which is a substance specified in an order made under section 104 or 105 of the Medicines Act 1968 M5 which is for the time being in force and which directs that specified provisions of the Human Medicines Regulations 2012 or the Medicines for Human Use (Clinical Trials) Regulations 2004 M6 are to have effect in relation to that substance as such provisions have effect in relation to medicinal products as defined in regulation 2 of the Human Medicines Regulations 2012.U.K.

Marginal Citations

M51968 c. 67; sections 104 and 105 were amended by S.I. 2004/1031, 2006/2407 and 2012/1916.

M6S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

8.  Any desensitised explosive acquired, in a quantity not exceeding 5 grams, for the purposes of—U.K.

(a)research, analysis or testing at a University;

(b)research, analysis or testing by or on behalf of the Crown; or

(c)the application of forensic science by or on behalf of a police force or the Crown.

9.  Any desensitised explosive acquired, in a quantity not exceeding 1 gram, for the purposes of calibration or testing of explosives detection equipment at a port, airport or any other publicly accessible place.U.K.

10.  Explosive articles which—U.K.

(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0186, 0272, 0349, 0351 or 0471;

(b)are intended to be used for the propulsion of model rockets or similar articles; and

(c)in respect of each individual explosive article, contain no more than 1 kilogram of explosive.

11.  The explosive substance Isosorbide Dinitrate which has been desensitised by mixture with not less than 60% lactose, mannose starch or calcium hydrogen phosphate and which is—U.K.

(a)assigned in accordance with the United Nations Recommendations the U.N. no 2907; and

(b)intended for use as an active pharmaceutical ingredient.

12.  The explosive substance Nitrogen Triiodide with the chemical formulation NI3, in a quantity not exceeding 0.5 grams which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985 M7 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.U.K.

Marginal Citations

13.  A solution of the explosive substance Nitroglycerine in alcohol which is—U.K.

(a)assigned in accordance with the United Nations Recommendations the U.N. no 1204 or 3064; and

(b)intended for use as an active pharmaceutical ingredient.

14.  Any pyrotechnic substance, in a quantity not exceeding 0.5 grams, which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.U.K.

15.  The explosive substance smokeless powder which is—U.K.

(a)assigned in accordance with the United Nations Recommendations the U.N. no 0161 or 0509 or which has been recovered from ammunition or blank ammunition intended for use in firearms; and

(b)acquired by a person who either is registered as a firearms dealer under section 33 of the Firearms Act 1968 M8 or holds —

(i)a permit granted under section 7 of that Act M9;

(ii)a firearms certificate granted under section 27 of that Act M10;

(iii)a shotgun certificate granted under section 28 of that Act M11; or

(iv)a permit granted under section 17 of the Firearms (Amendment) Act 1988 M12.

Marginal Citations

16.  A solution of the explosive substance 2,4, 6- Trinitrophenol in a concentration no greater than 2% weight per volume intended for use as an analytical reagent, stain, dye or fixative.U.K.

Regulation 5(3)(b)

SCHEDULE 3U.K.PYROTECHNIC ARTICLES REQUIRING AN EXPLOSIVES CERTIFICATE

1.  Pyrotechnic articles which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0350, 0352, 0353, 0354, 0355, 0356, 0462, 0463, 0464, 0465, 0466, 0467, 0468, 0469, 0470 or 0472.U.K.

2.  Pyrotechnic articles which—U.K.

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0349, 0351 or 0471; and

(b)are not intended to be used for the propulsion of model rockets or similar articles.

3.  Pyrotechnic articles which—U.K.

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0033, 0034, 0035, 0037, 0038, 0039, 0171, 0254, 0291, 0297, 0299, 0399 or 0400; and

(b)are intended to be dropped as bombs from an aircraft.

4.  Pyrotechnic articles which—U.K.

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0451, 0329, 0330, 0450 or 0449; and

(b)are intended to be dropped as torpedoes from an aircraft or dispatched from an installation on land or a vessel.

5.  Tracers for ammunition which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0212 or 0306.U.K.

Regulation 15

SCHEDULE 4U.K.REGISTERS

1.  The licensing authority must maintain a register (“the register”) containing the information listed in paragraph 2 which relates to licences granted by it.U.K.

2.  The following information must be included in the register—U.K.

(a)the name of the licensee;

(b)the licensee's permanent address, unless the licensee's home address is the licensee's only permanent address;

(c)the address of the site where the explosives are manufactured or stored (where that differs from any address included pursuant to sub-paragraph (b));

(d)the hazard type if any, the description and maximum amount of explosive which may be stored or otherwise present at any one time in any place which is specified in the licence;

(e)the nature of the business of the licensee and the intended use of the explosives;

(f)the kind of explosives manufactured or stored;

(g)where separation distances are required by regulation 27 or by a condition of the licence to be maintained around the store or the building where explosives are manufactured, a plan in a suitable scale sufficient to show those separation distances;

(h)a map in a suitable scale sufficient to show the location of any stores; and

(i)the kind of store concerned, including the material out of which it is constructed.

3.  Subject to paragraphs 7 and 8, where the licence only relates to explosives which are not relevant explosives, the licensing authority must—U.K.

(a)ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, by members of the public; and

(b)provide a copy of the entry in the register relating to the information referred to in paragraph 2(a) to (d) in respect of that licence to a member of the public who requests a copy and pays a charge which must not exceed the reasonable cost of providing the copy.

4.  Subject to paragraphs 7 and 8, where the licence relates to explosives which are relevant explosives, whether or not it also relates to other explosives, the licensing authority must —U.K.

(a)ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, by a person who resides or, in the case of an undertaking, is situated within a public consultation zone concerned in relation to the licence; and

(b)provide a copy of the entry in the register relating to the information referred to in paragraph 2(a) to (d) in respect of that licence to such a person as is referred to in sub-paragraph (a) who requests a copy and pays a charge which must not exceed the reasonable cost of providing the copy.

5.  The register may be kept in any form, including electronically.U.K.

6.  The licensee in relation to any site in which explosives are manufactured or stored, must, where requested in writing to do so by the owner or, if not the same person, the occupier, of any premises falling within any separation distance applying in relation to that site, provide to the requesting person within 28 days of the request a scale plan of the area of land falling within that separation distance.U.K.

7.  The requirements of paragraphs 3 and 4 do not apply where the information referred to in paragraph 2 is in respect of any site to which a licence relates which is used only for the storage of—U.K.

(a)less than 500 kilograms of hazard type 1 explosive or hazard type 2 explosive;

(b)less than 2 tonnes of hazard type 3 explosive or hazard type 4 explosive; or

(c)any explosives for a period of less than four weeks.

8.  The requirements of paragraphs 3 and 4 do not apply where the information referred to in paragraph 2 is in respect of a licensed site in relation to which regulation 13 did not apply to the licence application for that site by virtue of regulation 13(4)(e), (f) or (g).U.K.

9.  Where the licensing authority is a local authority or the ONR, that licensing authority must notify the Executive in writing, within 28 days of receipt of a written request by the Executive to do so, as to such information as is contained in the register it maintains relating to the information referred to in paragraph 2 as the Executive may require.U.K.

10.  Nothing in this Schedule prevents a licensing authority from disclosing any of the information included in the register it maintains to—U.K.

(a)a fire and rescue service;

(b)a joint planning board;

(c)a local planning authority; or

(d)a police force;

for the purposes of the exercise of their respective functions.

11.  For the purposes of paragraph 10, “local planning authority” and “joint planning board” have the meanings they are given in, respectively, sections 1 and 2 of the Town and Country Planning Act 1990 M13.U.K.

Marginal Citations

M131990 c.8. Section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedule 21, paragraph 28, the Local Government Wales Act 1994 (c. 19) section 18(2) to (6) and 66(8) and Schedule 18, the Environment Act 1995 (c. 25), Schedule 10, paragraph 32(1) and Schedule 24, and by the Greater London Authority Act 2007 (c.24), section 31. Section 2 was amended by the Local Government (Wales) Act 1994, sections 19(1) and (4) and 66(8) and Schedule 18, the Environment Act 1995, Schedule 10, paragraph 32(2), Schedule 22, paragraph 42, and Schedule in Health Act 2007 (c.28), Schedule 18.

Regulation 27

SCHEDULE 5U.K.SEPARATION DISTANCES

1.—(1) In this Schedule—U.K.

“brick-built” means having an outer structure which is wholly or mainly of brick, concrete, stone or other similar material;

“bridleway” has the meaning given in the Highways Act 1980 M14;

“curtain walling” means the glass, masonry or other cladding which is suspended from the structural framework of a building;

“dangerous goods” means dangerous goods to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M15 apply;

“distance”, save in the definition of “reference zone”, means the minimum distance;

“footpath” has the meaning given in the Highways Act 1980;

“footway” has the meaning given in the Highways Act 1980;

“lightly-used road” means a road used ordinarily by more than 20 and no more than 500 vehicles every 24 hours;

“major road” means a road used ordinarily by more than 10,000 vehicles every 24 hours;

“metal-built” means built wholly or mainly of steel or other metal;

“minor road” means a road used ordinarily by more than 500 vehicles every 24 hours, other than a major road;

“mounded” means surrounded by suitable mounds;

“place of public resort” means a place where more than 100 persons are present, or are likely to be present, at any one time on a weekly or more frequent basis;

“processing” means 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;

“protected place of Class A” means a—

(a)

bridleway;

(b)

footpath;

(c)

footway;

(d)

lightly used road; or

(e)

waterway;

“protected place of Class B” means a—

(a)

dock;

(b)

jetty;

(c)

minor road;

(d)

pier;

(e)

railway line;

(f)

reservoir;

(g)

river wall;

(h)

runway for the use of aircraft; or

(i)

sea wall;

“protected place of Class C” means a —

(a)

major road; or

(b)

place of public resort;

“protected place of Class D” means—

(a)

a building, whether a dwelling or not, but not including a vulnerable building;

(b)

a place, other than a building to which paragraph (a) applies, that is used for the storage in bulk of dangerous goods other than goods which are explosives; or

(c)

a place, not within the site where the explosives are stored and other than a building to which paragraph (a) applies, that is used for—

(i)

the storage of explosives; or

(ii)

the manufacture or processing of explosives;

“protected place of Class E” means a vulnerable building;

“protected place of Class F” means a building within the site where the explosives are stored, other than—

(a)

a building that is occupied by a person other than the licensee;

(b)

a building that is a vulnerable building;

(c)

a building that is normally occupied by more than 20 people; or

(d)

a building that is used for the storage in bulk of dangerous goods other than goods which are explosives;

“protected place of Class G” means a building or other place within the site where the explosives are stored that is used for the storage of explosives;

“protected place of Class H” means a building or other place within the site where the explosives are stored that is used for the manufacture or processing of explosives;

“reference zone” means the area around a store having the radius from the centre point of the store specified in column 2 of the relevant Supplementary Table;

“road” means any thoroughfare on which the movement of vehicles is allowed; and

“vulnerable building” means a building or structure of vulnerable construction, that is to say—

(a)

a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling with individual glazed or frangible panels larger than 1.5 m2 and extending over more than 50% or 120 m2 of the surface of any elevation;

(b)

a building of more than three storeys above ground or 12 m in height with solid walls and individual glass panes or frangible panels larger than 1.5 m2 and extending over at least 50% of any elevation;

(c)

a building of more than 400 m2 plan area with continuous or individual glazing panes larger than 1.5 m2 extending over at least 50% or 120 m2 of the plan area; or

(d)

any other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such as progressive collapse.

(2) Any reference in this Schedule to a thoroughfare (however described), jetty, pier, waterway or railway line does not include any part of a thoroughfare, jetty, pier, waterway or railway line within the site—

(a)in which the store is situated; and

(b)which are occupied by the person storing the explosives.

(3) Subject to paragraph 8, any reference in this Schedule to “store” is to the store mentioned in regulation 27(1) in relation to which separation distances are required by that provision to be maintained.

(4) Any reference in this Schedule to a quantity of explosives shown in column 1 of a Table is to—

(a)a quantity in a store; or

(b)in cases where sub-paragraph (b) of paragraph 7 is being relied on, the sum total of the quantity of explosives in a store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies,

which is more than the lower figure but not more than the higher figure in column 1 in the same row of the Table.

(5) Any reference in this Schedule to a building is to a building in or at which people are, or are likely to be, present either all the time or from time to time.

(6) For the purposes of this Schedule, where explosives of different hazard types are in one store, the explosives must be treated as belonging to the hazard type which would require the greatest separation distance for the total quantity of those explosives and the separation distance must be determined in relation to that total quantity.

(7) For the purposes of this Schedule, the radius for a reference zone applying in a particular case is the number in the entry in column 2 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table.

(8) For the purposes of this Schedule, any reference to “bridleway”, “footpath”, “footway” or “waterway” does not include, respectively, a bridleway, footpath, footway used, or waterway navigated, by no more than, ordinarily, 20 persons in any 24 hour period.

(9) For the purposes of this Schedule, an area of low population density is an area where the maximum number of dwellings in a reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table.

(10) Save as stated in paragraph (c) of the definition of “protected place of Class D” and subject to sub-paragraph (2), the references to the places referred to in the definitions from “protected place of Class A” to the definition of “protected place of Class E” are references to such places whether within a site or outside it.

Marginal Citations

M141980 c. 66; “bridleway”, “footpath” and “footway” are defined in section 139.

M15S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

2.  Where the storage is—U.K.

(a)of hazard type 1 explosive in a brick-built mounded store, Table 1;

(b)of hazard type 1 explosive in a brick-built unmounded store, Table 2;

(c)of hazard type 1 explosive in a metal-built mounded store, Table 3;

(d)of hazard type 1 explosive in a metal-built unmounded store with no detonator annex attached, Table 4;

(e)of hazard type 1 explosive in a metal-built unmounded store with a detonator annex attached, Table 5;

(f)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in a mounded store, Table 6;

(g)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store, Table 7;

(h)of hazard type 2 explosive, every item being of 0.7 kg net mass or less in a mounded store, Table 8;

(i)of hazard type 2 explosive every item being of 0.7 kg net mass or less in an unmounded store, Table 9

(j)of hazard type 3 explosive, Table 10;

(k)of hazard type 4 explosive, Table 11,

applies, and any reference in this Schedule to a relevant Table is a reference to the Table which applies by virtue of this paragraph.

3.  For each of Table 1, 3, 4 or 5 where that Table applies, a Supplementary Table for determining the separation distance between a store and a dwelling in an area of low population density applies as follows—U.K.

(a)for Table 1, Supplementary Table 1A;

(b)for Table 3, Supplementary Table 3A;

(c)for Table 4, Supplementary Table 4A; and

(d)for Table 5, Supplementary Table 5A,

and any reference in this Schedule to a relevant Supplementary Table is a reference to the Supplementary Table which applies by virtue of this paragraph.

4.—(1) Paragraph 5 is subject to paragraph 6.U.K.

(2) Paragraphs 5 and 6 are subject to sub-paragraph (b) of paragraph 7 for determining the quantity of explosives to be applied —

(a)for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and

(b)for paragraph 1(7) in relation to the radius for a reference zone,

in cases where sub-paragraph (b) of paragraph 7 is being relied on.

5.  The distance between a store and any protected place of Class A, B, C, D, E, F or H is the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.U.K.

6.  Where—U.K.

(a)Table 1, 3, 4 or 5 applies; and

(b)the number of dwellings in the reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table,

the distance between a store and any dwelling is the distance (if any) specified in the corresponding entry in column 4 of the Supplementary Table.

7.  The distance between a store and any protected place of Class G is either—U.K.

(a)the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table; or

(b)any lesser distance, provided that the quantity of explosives for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and for paragraph 1(7) in relation to the radius for a reference zone, is the sum total of the quantity of explosives in the store and the protected place of Class G for which there is to be any lesser distance.

8.  For cases where sub-paragraph (b) of paragraph 7 is being relied on, paragraph 1(6) has effect as if the reference to “one store” were a reference to the store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies.U.K.

Table 1: Hazard Type 1 explosive in a brick-built mounded store

1Quantity ofexplosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class F distance(m)8Class Gdistance(m)9Class H distance(m)
0.1-25335010010010050918
25-30335010010010050918
30-40345110310310351918
40-50355310610610653918
50-603755110110110551022
60-703756111114114571022
70-803857113118118591122
80-903858115121121611122
90-1003959118125125631122
100-1504364128142142711327
150-2004670139156156781427
200-2505075150169169851630
250-3005480161170170851630
300-3505786172172172861833
350-4006191183183183921833
400-4506497193193193971936
450-500681022042042041021936
500-550681022042042041022456
550-600681022042042161022456
600-650681022042272271132456
650-700681022042312381162456
700-750681022042352491182456
750-800681022042382601192456
800-850681022042422701212456
850-900681022042452801232456
900-950681022042482901242456
950-1000681022042503001252456
1000-1100681022042553191283085
1100-1200681022042593371303085
1200-1300681022042633541323085
1300-1400681022042663701333085
1400-1500681022042693861353085
1500-1600681022042724021363085
1600-1700691042082744161373085
1700-1800721082152774311393085
1800-1900741112222794441403085
1900-2000761142292814581413085
2000-30009514328528557014335106
3000-400010916432832865616438122
4000-500012118136236272418141134
5000- 1000015823747547595023752176
10000-15000183274548548109727459204
15000-20000202303606606121130365225
20000-25000218327653653130632770243
25000-30000232347695695138934775258
30000-40000255383765765153138482275
40000-50000275412825825164941288295
50000-60000292438877877175343894315
60000-70000308461923923184646199345
70000-800003224829659651930482103345
80000-90000335502100410042007502108375
90000-100000347520104010402079520111375

Supplementary Table 1A: Hazard Type 1 explosive in a brick-built mounded store – distances for areas of low population density

1Quantity of explosives (kg)2Reference zone radius (m)3Maximum number of dwellings in the reference zone4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded(m)
0.1-60---
60-7022261111
70-8022763113
80-9023166115
90-10023568118
100-15025781128
150-20027996139
200-250300128150
250-600---
600-1600408206204
1600-1700416214208
1700-1800431229215
1800-1900444244222
1900-2000458259229

Table 2: Hazard Type 1 explosives in a brick-built unmounded store

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1-25477014114114170141141
25-30487214414414472144144
30-40507615115115176151151
40-50538015915915980159159
50-60568416816816884168168
60-70598817617617688176176
70-80619218418418492184184
80-90649619119119196191191
90-100669919919919999199199
100-15077115230230230115230230
150-20085128256256256128256256
200-25092138276276276138276276
250-30098147293293293147293293
300-350103154308308308154308308
350-400107160320320320160320320
400-450110165331331331165331331
450-500113170340340340170340340
500-550116174348348348174348348
550-600118178355355355178355355
600-650120181361361361181361361
650-700122184367367367184367367
700-750124186372372372186372372
750-800126189377377377189377377
800-850127191381381381191381381
850-900128193385385385193385385
900-950130194389389389194389389
950-1000131196392392392196392392
1000-1100133199398398398199398398
1100-1200134202403403403202403403
1200-1300136204408408408204408408
1300-1400137206412412412206412412
1400-1500138208415415415208415415
1500-1600139209418418418209418418
1600-1700140211421421421211421421
1700-1800141212424424431212424424
1800-1900142213426426444213426426
1900-2000143214428428458214428428
2000-3000147221442442570221442442
3000-4000150225449449656225449449
4000-5000151227454454724227454454
5000-10000167251502502950251502502
10000-150001852775545541097277554554
15000-200002023036066061211303606606
20000-250002183276536531306327653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
[F290000 – 100000]34752010401040207952010401040

Table 3: Hazard Type 1 explosive in a metal-built mounded store

1Quantity of explosives(kg)2Class A distance(m)3Class B distance(m)4Class C distance(m)5Class D distance(m)6Class E distance(m)7Class F distance(m)8Class G distance(m)9Class H distance(m)
0.1-1071021234012918
10-2091326294215918
20-30101530334417918
30-40111633374618918
40-50121835404820918
50-601319384248211022
60-701320404452221022
70-801420414657231122
80-901421424761241122
90-1001421434866241122
100-1501624495586281327
150-20018275462104311427
200-25020306069121351630
250-30023346876136381630
300-35025387683151441833
350-40028418390165451833
400-45030458997178491936
450-500324896102191511936
500-5503451102107204542456
550-6003654108111216562456
600-6503857114116227582456
650-7004060119121238612456
700-7504262125126249632456
750-8004365130131260662456
800-8504568135136270682456
850-9004770140140280702456
900-9504873145145290732456
950-10005075150150300752456
1000-11005380159159319803085
1100-12005684168168337843085
1200-13005988177177354893085
1300-14006293185185370933085
1400-15006497193193386973085
1500-1600671002012014021013085
1600-1700691042082084161043085
1700-1800721082152154311083085
1800-1900741112222224441113085
1900-2000761142292294581153085
2000-30009514328528557014335106
3000-400010916432832865616438122
4000-500012118136236272418141134
5000-1000015823747547595023852176
10000-15000183274548548109727459204
15000-20000202303606606121130365225
20000-25000218327653653130632770243
25000-30000232347695695138934875258
30000-40000255383765765153138382275
40000-50000275412825825164941288295
50000-60000292438877877175343894315
60000-70000308461923923184646199345
70000-800003224829659651930482103345
80000-90000335502100410042007502108375
90000-100000347520104010402079520111375

Supplementary Table 3A: Hazard type 1 explosive in a metal-built mounded store – distances for areas of low population density

1Quantity of explosives (kg)2Reference zone radius (m)3Maximum number of dwellings in the reference zone4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded (m)
0.1-1041221
10-2052326
20-3060430
30-4066533
40-5071635
50-6075738
60-7079840
70-8081841
80-9083842
90-10086943
100-150971249
150-2001091454
200-2501211860
250-3001362368
300-3501512876
350-4001653483
400-4501783989
450-5001914596
500-55020451102
550-60021657108
600-65022763114
650-70023870119
700-75024977125
750-80026083130
800-85027090135

Table 4: Hazard Type 1 explosive in a metal built unmounded store with no detonator annex attached

1Quantity of explosives(kg)2Class A distance (m)3Class Bdistance (m)4Class Cdistance (m)5Class D distance (m)6Class E distance (m)7Class F distance (m)8Class G distance (m)9Class H distance (m)
0.1-10811233040153030
10-201014293542183535
20-301116333944203939
30-401218364246214242
40-501319384448224444
50-601320404648234646
60-701421424852244848
70-801422435057255050
80-901522445261265252
90-1001523455566285555
100-1501725506686336666
150-20018285578104397878
200-25020306089121458989
250-30023346810113651101101
300-35025387611215156112112
350-40028418312416562124124
400-45030458913517868135135
450-50032489613819169138138
500-550345110214120471141141
550-600365410814421672144144
600-650385711414722774147147
650-700406011915023875150150
700-750426212515324977153153
750-800436513015626078156156
800-850456813515927080159159
850-900477014016228081162162
900-950487314516529083165165
950-1000507515016830084168168
1000-1100538015917531988175175
1100-1200568416818133791181181
1200-1300598817718735494187187
1300-1400629318519337097193193
1400-15006497193199386100199199
1500-160067100201205402103205205
1600-170069104208211416106211211
1700-180072108215217431108217217
1800-190074111222223444111223223
1900-200076114229229458114229229
2000-300095143285285570143285285
3000-4000109164328328656164328328
4000-5000121181362362724181362362
5000-10000158237475475950237475475
10000-150001832745485481097274548548
15000-200002023036066061211303606606
20000-250002183276536531306653653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-10000034752010401040207952010401040

Supplementary Table 4A: Hazard Type 1 explosive in a metal-built unmounded store with no detonator annex attached – distances for areas of low population density

1Quantity of explosives (kg)2Reference zone radius (m)3Maximum number of dwellings in the reference zone4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded(m)
0.1-1046323
10-2057429
20-3065533
30-4071636
40-5076738
50-6080840
60-7084942
70-8087943
80-90891044
90-100911045
100-1501001250
150-2001101555
200-2501211860
250-3001362368
300-3501512876
350-4001653483
400-4501783989
450-5001914596
500-55020451102
550-60021657108
600-65022764114
650-70023870119
700-75024977125
750-80026084130
800-85027090135
850-90028097140
900-950290104145
950-1000300111150
1000-1100319125159

Table 5: Hazard type 1 explosive in a metal-built un-mounded store with a detonator annex attached

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1-101016314848244848
10-201218365050255050
20-301319385252265252
30-401421415454275454
40-501422435656285656
50-601522455858295858
60-701624476060306060
70-801625496363326363
80-901726517070357070
90-1001827537777397777
100-15021326311011055110110
150-20025377414314372143143
200-25028428417617688176176
250-300314794209209105209209
300-3503552104242242121242242
350-4003857115275275138275275
400-4504262125308308154308308
450-5004364128309309155309309
500-5504466132310310155310310
550-6004568135311311156311311
600-6504669138311311156311311
650-7004771142312312156312312
700-7504873145313313157313313
750-8004974148314314157314314
800-8505176152315315158315315
850-9005278155316316158316316
900-9505379159317317159317317
950-10005481162318318159318318
1000-11005684169319319160319319
1100-12005888175321337161321321
1200-13006191182323354162323323
1300-14006394189325370163325325
1400-15006598195326386163326326
1500-160067101202328402164328328
1600-170070104209330416165330330
1700-180072108215332431166332332
1800-190074111222333444167333333
1900-200076114229335458168335335
2000-300095143285353570177353353
3000-4000109164328370656185370370
4000-5000121181362388724194388388
5000-10000158237475475950237475475
10000-150001832745485481097274548548
15000-200002023036066061211303606606
20000-250002183276536531306327653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-10000034752010401040207952010401040

Supplementary Table 5A:– Hazard Type 1 explosive in a metal-built un-mounded store with a detonator annex attached – distances for areas of low population density

1Quantity ofExplosives(kg)2Reference zone radius (m)3Maximum number of dwellings in the reference zone4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded(m)
0.1 -1062531
10-2071636
20-3077738
30-4082841
40-5086943
50-60901045
60-70941147
70-80981249
80-901021351
90-1001061453
100-1501272063
150-2001472774
200-2501683584
250-3001884494
300-35020954104
350-40022965115
400-45025077125
450-50025781128
500-55026385132
550-60027090135
600-65027795138
650-70028499142
700-750290104145
750-800297109148
800-850304114152
850-900310119155
900-950317124159
950-1000324129162
1000-1100337140169
1100-1200351152175
1200-1300364163182
1300-1400377176189
1400-1500391188195
1500-1600404202202
1600-1700418215209
1700-1800431229215
1800-1900444244222
1900-2000458259229
2000-3000570401285
3000-4000656530328
4000-5000724647362

Table 6: Hazard Type 2 explosive, some or all items being of more than 0.7kg net mass in a mounded store

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1 - 252030606012030932
25-302030606012030932
30-402537747414837932
40-502944888817644932
50-603349999919849946
60-70365410810821654946
70-80395811611623258946
80-90416112312324661946
90-100436412912925864946
100-150517615215230476961
150-200568416816833684961
200-250609118118136291969
250-300649619119138296969
300-350671002002004001001075
350-400691042072074141041075
400-450711072132134261071079
450-500731102192194381101079
500-550751122242244481121092
550-600761152292294581151092
600-650781172332334661171092
650-700791192372374741191092
700-750801202412414821201092
750-800811222442444881221092
800-850831242482484961241092
850-900841252512515021251092
900-950841272532535061271092
950-1000851282562565121281092
1000-11008713126126152213111105
1100-12008913326626653213311105
1200-13009013527027054013511105
1300-14009113727427454813711105
1400-15009213927727755413911105
1500-16009314028028056014011105
1600- 17009514228428456814211105
1700-18009514328628657214311105
1800-19009614528928957814511105
1900-20009714629229258414611105
2000-300010415631231262415612112
3000-400010916332632665216313117
4000-500011216833733767416814121
5000-1000012318537037074018517133
10000-1500012919438838877619420140
15000-2000013420140140180220122144
20000-2500013720641141182220624148
25000-3000014021041941983821026151
30000-4000014421643143186221629156
40000-5000014722044144188222032159
50000-6000015022444944989822435162
60000-7000015222745545591022736166
70000-8000015323046046092023038166
80000-9000015523346546593023339170
90000-10000015723547047094023540170

Table 7: Hazard Type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1-2520306060120306060
25-3020306060120306060
30-4025377474148377474
40-5029448888176448888
50-6033499999198499999
60-70365410810821654108108
70-80395811611623258116116
80-90416112312324661123123
90-100436412912925864129129
100-150517615215230476152152
150-200568416816833684168168
200-250609118118136291181181
250-300649619119138296191191
300-35067100200200400100200200
350-40069104207207414104207207
400-45071107213213426107213213
450-50073110219219438110219219
500-55075112224224448112224224
550-60076115229229458115229229
600-65078117233233466117233233
650-70079119237237474119237237
700-75080120241241482120241241
750-80081122244244488122244244
800-85083124248248496124248248
850-90084125251251502125251251
900-95084127253253506127253253
950-100085128256256512128256256
1000-110087131261261522131261261
1100-120089133266266532133266266
1200-130090135270270540135270270
1300-140091137274274548137274274
1400-150092139277277554139277277
1500-160093140280280560140280280
1600-170095142284284568142284284
1700-180095143286286572143286286
1800-190096145289289578145289289
1900-200097146292292584146292292
2000-3000104156312312624156312312
3000-4000109163326326652163326326
4000-5000112168337337674168337337
5000-10000123185370370740185370370
10000-15000129194388388776194388388
15000-20000134201401401802201401401
20000-25000137206411411822206411411
25000-30000140210419419838210419419
30000-40000144216431431862216431431
40000-50000147220441441882220441441
50000-60000150224449449898224449449
60000-70000152227455455910227455455
70000-80000153230460460920230460460
80000-90000155233465465930233465465
90000-100000157235470470940235470470

Table 8: Hazard Type 2 explosive every item being of 0.7kg net mass or less in a mounded store

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1-25121837377418915
25-30131938387619915
30-40142041418220915
40-50142243438622915
50-60152245459022918
60-70162347479423918
70-80162448489624918
80-90162549499825918
90-1001725515110225918
100-1501928565611228922
150-2002030606012030922
200-2502132636312632924
250-3002233666613233924
300-35023346868136341025
350-40024357171142351025
400-45024367373146361027
450-50025377474148371027
500-55025387676152381031
550-60026397878156391031
600-65026397979158391031
650-70027408080160401031
700-75027418282164411031
750-80028418383166411031
800-85028428484168421031
850-90028438585170431031
900-95029438686172431031
950-100029448787174441031
1000-110030448989178441136
1100-120030459191182451136
1200-130031469292184461136
1300-140031479494188471136
1400-150032489595190481136
1500-160032489797194481136
1600-170033499898196491136
1700-180033509999198501136
1800-19003350100100200501136
1900-20003451101101202511136
2000-30003755110110220551240
3000-40003959117117234591342
4000-50004161122122244611444
5000-100004770140140280701750
10000-150005076151151302762054
15000-200005380159159318802257
20000-250005583166166332832460
25000-300005786171171342862662
30000-400006090180180360902966
40000-500006294187187377943268
50000-600006497193193386973570
60000-700006699198198396993674
70000-80000671012022024041013874
80000-90000691032062064121033976
90000-100000701052102104201054076

Table 9: Hazard Type 2 explosive every item being of 0.7kg net mass or less in an unmounded store

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1-251218373774183737
25-301319383876193838
30-401420414182204141
40-501422434386224343
50-601522454590224545
60-701623474794234747
70-801624484896244848
80-901625494998254949
90-10017255151102255151
100-15019285656112285656
150-20020306060120306060
200-25021326363126326363
250-30022336666132336666
300-35023346868136346868
350-40024357171142357171
400-45024367373146367373
450-50025377474148377474
500-55025387676152387676
550-60026397878156397878
600-65026397979158397979
650-70027408080160408080
700-75027418282164418282
750-80028418383166418383
800-85028428484168428484
850-90028438585170438585
900-95029438686172438686
950-100029448787174448787
1000-110030448989178448989
1100-120030459191182459191
1200-130031469292184469292
1300-140031479494188479494
1400-150032489595190489595
1500-160032489797194489797
1600-170033499898196499898
1700-180033509999198509999
1800-1900335010010020050100100
1900-2000345110110120251101101
2000-3000375511011022055110110
3000-4000395911711723459117117
4000-5000416112212224461122122
5000-10000477014014028070140140
10000-15000507615115130276151151
15000-20000538015915931880159159
20000-25000558316616633283166166
25000-30000578617117134286171171
30000-40000609018018036090180180
40000-50000629418718737794187187
50000-60000649719319338697193193
60000-70000669919819839699198198
70000-8000067101202202404101202202
80000-9000069103206206412103206206
90000-10000070105210210420105210210

Table 10: Hazard Type 3 explosive

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1-25000000912
25-3071020202010912
30-4071122222211912
40-5081223232312912
50-6081225252512915
60-7091326262613915
70-8091427272714915
80-9091428282814915
90-100101529292915915
100-150111734343417918
150-200121937373719918
200-2501320404040201021
250-3001421434343211021
300-3501522454545221123
350-4001623474747231123
400-4501624494949241225
450-5001725505050251225
500-5501726525252261432
550-6001827545454271432
600-6501828555555281432
650-7001928565656281432
700-7501929585858291432
750-8002029595959291432
800-8502030606060301432
850-9002031616161311432
900-9502131626262311432
950-10002132646464321432
1000-11002233666666331740
1100-12002234676767341740
1200-13002335696969351740
1300-14002436717171361740
1400-15002436737373361740
1500-16002537747474371740
1600-17002538767676381740
1700-18002639777777391740
1800-19002639797979391740
1900-20002740808080401740
2000-30003146929292461946
3000-40003450101101101502050
4000-50003654109109109542254
5000-100004668137137137682868
10000-150005278157157157783378
15000-200005786172172172863786
20000-250006293186186186934193
25000-300006699197197197994498
30000-400007210921721721710947110
40000-500007811723423423411750120
50000-600008312424924924912454130
60000-700008713126226226213158140
70000-800009113727427427413763140
80000-900009514228528528514267150
90000-1000009814729529529514770150

Table 11: Hazard Type 4 explosive

1Quantity of explosives(kg)2Class Adistance(m)3Class Bdistance(m)4Class Cdistance(m)5Class Ddistance(m)6Class Edistance(m)7Class Fdistance(m)8Class Gdistance(m)9Class Hdistance(m)
0.1-250000000911
250-300111111911
300-340112221911
340-370123332911
370-400124442911
400-450235553911
450-500236663911
500-550247774912
550-650359995912
650-700351010105912
700-750461111116912
750-800461212126912
800-900471313137912
900-950571414147912
950-1000581515158912
1000-11005816161681219
1100-11506917171791219
1150-12006918181891219
1200-1300610191919101219
1300-1350710202020101219
1350-1400711212121111219
1400-1450711222222111219
1450-1550812232323121219
1550-1600812242424121219
1600-1650813252525131219
1650-1700913262626131219
1700-1800914272727141219
1800-1850914282828141219
1850-19001015292929151219
1900-20001015303030151219
2000-30001320404040201423
3000-40001320404040201624
4000-50001523454545231725
5000-100001726515151262227
10000-150001827545454272427
15000-200001828565656282527
20000-250001929575757292627
25000-300002030595959302727
30000-400002030606060302727
40000-500002031616161312727
50000-600002031616161312727
60000-700002131626262312727
70000-800002132636363322727
80000-900002132636363322727
90000-1000002132646464322727

Textual Amendments

F2Words in Sch. 5 substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 18(g) (with reg. 1(3))

Regulation 33(2)(a)

SCHEDULE 6U.K.UNIQUE IDENTIFICATION FOR CIVIL EXPLOSIVES

1.  Subject to paragraph 2, the unique identification must comprise—U.K.

(a)a part which can be read by a human being containing the following—

(i)the name of the manufacturer;

(ii)an alphanumeric code containing—

(aa)two letters identifying [F3Great Britain, Northern Ireland or the EEA state (place of production or import)];

(bb)three digits identifying the site of manufacture; and

(cc)the unique product code and logistical information designed by the manufacturer; and

(b)a part which can be read electronically in barcode or matrix code format, or both, which relates directly to the alphanumeric identification code.

Textual Amendments

2.  For articles too small to affix the unique product code and logistical information designed by the manufacturer, the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 is sufficient for the purposes of the unique identification.U.K.

Regulation 33(1), (5) and (7)

SCHEDULE 7U.K.MARKING OR AFFIXING THE UNIQUE IDENTIFICATION TO CIVIL EXPLOSIVES

Cartridged explosives and explosives in sacksU.K.

1.  For a cartridged explosive and any explosive in sacks—

(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, each cartridge or sack;

(b)an associated label must be placed on each case of cartridges; and

(c)a passive inert electronic tag may be attached to each cartridge or sack and an associated electronic tag attached to each case of cartridges.

Packaged two-component explosivesU.K.

2.  Subject to paragraph 10(1), for a packaged two-component explosive, the unique identification must be on an adhesive label attached to, or be directly printed on, each smallest packaging unit containing the two components.

Plain detonatorsU.K.

3.  For plain detonators—

(a)subject to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Electric, non-electric and electronic detonatorsU.K.

4.  For electric, non-electric and electronic detonators—

(a)subject to paragraph 10(1), the unique identification must—

(i)be on an adhesive label attached to the wires or tube; or

(ii)be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Primers and boostersU.K.

5.  For primers and boosters—

(a)subject, in the case of boosters, to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed on, the primer or booster;

(b)an associated label must be placed on each case of primers or boosters; and

(c)a passive inert electronic tag may be attached to each primer or booster and an associated tag attached to each case of primers or boosters.

Detonating cordsU.K.

6.  For detonating cords—

(a)the unique identification must be on an adhesive label attached to, or be directly printed on, the bobbin;

(b)subject to paragraph 10(1) and (3), the unique identification must be marked every five meters on either the external envelope of the cord or the plastic extruded inner layer immediately under the exterior fibre of the cord;

(c)an associated label must be placed on each case of detonating cord; and

(d)a passive inert electronic tag may be inserted within the cord and an associated tag attached to each case of cord.

Cans, boxes and drums containing explosivesU.K.

7.  For cans, boxes and drums containing any explosive—

(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, the can, box or drum containing the explosive; and

(b)a passive inert electronic tag may be attached to each can, box and drum.

Civil explosives not referred to in paragraphs 1 to 7U.K.

8.  Each civil explosive item in respect of a civil explosive not referred to in paragraphs 1 to 7 must, subject to paragraph 10(1), be marked with the unique identification.

GeneralU.K.

9.  Where adhesive detachable copies of labels showing the unique identification are attached to civil explosive articles, containers or each smallest packaging unit concerned for use by other persons, those copies must be clearly marked as copies of the original.

Small explosive articlesU.K.

10.—(1) For articles smaller than those to which paragraph 2 of Schedule 6 applies, which are too small to affix the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 of Schedule 6 or where it is technically impossible due to their shape or design to affix a unique identification—

(a)the unique identification specified in paragraph 1 of that Schedule must be affixed on each smallest packaging unit; and

(b)that packaging unit must be closed with a seal.

(2) In the case of each plain detonator or booster to which sub-paragraph (1) applies—

(a)the requirements of, respectively, paragraphs 3(a) and 5(a) do not apply;

(b)the information under sub-paragraph (a)(ii)(aa) and (bb) of paragraph 1 of Schedule 6 must be marked, in a durable and clearly legible way, on, as the case may be, the plain detonator or booster; and

(c)the number of plain detonators or boosters contained in each smallest packaging unit must be printed on that unit.

(3) In the case of each detonating cord to which sub-paragraph (1) applies—

(a)the requirements of paragraph 6(b) do not apply; and

(b)the unique identification referred to in paragraph 1 of Schedule 6 must be marked on the reel or spool and on any smallest packaging unit.

(4) For the purposes of this paragraph, the smallest packaging unit means the smallest packaging unit on which it is possible to affix the unique identification specified in paragraph 1 of Schedule 6.

Regulation 38

SCHEDULE 8U.K.MEANING OF “PLASTIC EXPLOSIVE” AND “DETECTION AGENT”

PART 1U.K.PLASTIC EXPLOSIVE

1.  For the purposes of regulation 38, “plastic explosive” means an explosive substance, commonly known as “plastic explosive”, including such substance in flexible or elastic sheet form and whether or not contained in an explosive article, which is—U.K.

(a)formulated with one or more high explosives which in their pure form have a vapour pressure less than 10−4 Pa at a temperature of 25°C;

(b)formulated with a binder material; and

(c)malleable or flexible at normal room temperature.

2.  The following explosives, even if meeting the description of plastic explosives in paragraph 1, are not to be regarded as plastic explosives for the purposes of regulation 38 as long as their manufacture or possession continues to be to a quantity and for a purpose specified in any of sub-paragraphs (a) to (c) of this paragraph, namely any explosive—U.K.

(a)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful research, development or testing of new or modified explosives;

(b)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful training in explosives detection or development or testing of explosives detection equipment; or

(c)the manufacture or possession of which is to a quantity no greater than is necessary for, and is solely for, the purpose of lawful forensic science.

3.  In this Part “high explosives” include, but are not restricted to, cyclotetramethylenetetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX).U.K.

PART 2U.K.DETECTION AGENTS

Table

(1)Name of detection agent(2)Minimum concentration

Ethylene glycol dinitrate (EGDN)

2,3-Dimethyl-2,3-dinitrobutane (DMNB)

para-Mononitrotoluene (p-MNT)

0.2% by mass

1.0% by mass

0.5% by mass

Regulation 39

SCHEDULE 9U.K.ESSENTIAL SAFETY REQUIREMENTS

F4...

Textual Amendments

PART 1U.K.GENERAL REQUIREMENTS

1.  Each civil explosive must be designed, manufactured and supplied in such a way as to present a minimal risk to the safety of human life and health, and to prevent damage to property and the environment under normal, foreseeable conditions, in particular as regards the safety rules and standard practices until such time as it is used.U.K.

2.  Each civil explosive must attain the performance characteristics specified by the manufacturer in order to ensure maximum safety and reliability.U.K.

3.  Each civil explosive must be designed and manufactured in such a way that when appropriate techniques are employed it can be disposed of in a manner which minimises effects on the environment.U.K.

PART 2U.K.SPECIAL REQUIREMENTS

4.  As a minimum, the following information and properties—where appropriate—must be considered or tested. Each civil explosive should be tested under realistic conditions. If this is not possible in a laboratory, the tests should be carried out in the conditions in which the civil explosive is to be used.U.K.

(a)Design and characteristic properties, including chemical composition, degree of homogeneity and, where appropriate, dimensions and grain size distribution.

(b)The physical and chemical stability of the civil explosive in all environmental conditions to which it may be exposed.

(c)Sensitiveness to impact and friction.

(d)Compatibility of all components as regards their physical and chemical stability.

(e)The chemical purity of the civil explosive.

(f)Resistance of the civil explosive against influence of water where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by water.

(g)Resistance to low and high temperatures, where the civil explosive is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the civil explosive as a whole.

(h)The suitability of the civil explosive for use in hazardous environments (e.g. firedamp atmospheres, hot masses, etc.) if it is intended to be used under such conditions.

(i)Safety features intended to prevent untimely or inadvertent initiation or ignition.

(j)The correct loading and functioning of the civil explosive when used for its intended purpose.

(k)Suitable instructions and, where necessary, markings in respect of safe handling, storage, use and disposalF5....

(l)The ability of the civil explosive, its wrapping or other components to withstand deterioration during storage until the “use by” date specified by the manufacturer.

(m)Specification of all devices and accessories needed for reliable and safe functioning of the civil explosive.

Textual Amendments

F5Words in Sch. 9 para. 4(k) omitted (20.4.2016) by virtue of The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 10(b) (with regs. 2(1), 15)

5.  The various groups of civil explosives must at least also comply with the following requirements:U.K.

(a)Blasting Explosives

(i)The proposed method of initiation must ensure safe, reliable and complete detonation or deflagration as appropriate, of the blasting explosive. In the particular case of black powder, it is the capacity as regards deflagration which is to be checked.

(ii)Blasting explosives in cartridge form must transmit the detonation safely and reliably from one end of the train of cartridges to the other.

(iii)The fumes produced by blasting explosives intended for underground use may contain carbon monoxide, nitrous gases, other gases, vapours or airborne solid residues only in quantities which do not impair health under normal operating conditions.

(b)Detonating cords, safety fuses, other fuses and shock tubes

(i)The covering of detonating cords, safety fuses[F6, other fuses and shock tubes] must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal mechanical stress.

(ii)The parameters for the burning times of safety fuses must be indicated and must be reliably set.

(iii)Detonating cords must be capable of being reliably initiated, be of sufficient initiation capability and comply with requirements as regards storage even in particular climatic conditions.

(c)Detonators (including delay detonators) and relays

(i)Detonators must reliably initiate the detonation of the blasting explosives which are intended to be used with them under all foreseeable conditions of use.

(ii)Delay connectors for detonating cords must be reliably initiated.

(iii)The initiation capability must not be adversely affected by humidity.

(iv)The delay times of delay detonators must be sufficiently uniform to ensure that the probability of overlapping of the delay times of adjacent time steps is insignificant.

(v)The electrical characteristics of electric detonators must be indicated on the packaging (e.g. no-fire current, resistance, etc.).

(vi)The wires of electric detonators must be of sufficient insulation and mechanical strength including the solidity of the link to the detonator, taking account of their intended use.

(d)Propellants and rocket propellants

(i)These materials must not detonate when used for their intended purpose.

(ii)Propellants where necessary (e.g. those based on nitrocellulose) must be stabilised against decomposition.

(iii)Solid rocket propellants, when in compressed or cast form, must not contain any unintentional fissures or gas bubbles which dangerously affect their functioning.

Textual Amendments

F6Words in Sch. 9 para. 5(b)(i) substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 10(c) (with regs. 2(1), 15)

Regulation 42(3)

F7SCHEDULE 10U.K.CONFORMITY MARKING

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 43

SCHEDULE 11U.K.ENFORCEMENT WITHIN GREAT BRITAIN

PART 1U.K.INTRODUCTORY

1.—(1) This Schedule makes provision for the enforcement of these Regulations within Great Britain.U.K.

(2) Despite sub-paragraph (1), nothing in paragraphs 2 to 12 or 14 applies for the purpose of making any person responsible for the enforcement of these Regulations as they apply—

(a)on sites which are GB nuclear sites; or

(b)on any part of a site which is, or forms part of, a GB nuclear site M16.

(3) The provisions of this Schedule apply despite the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 M17.

Marginal Citations

M16Section 18 of the Health and Safety at Work etc. Act 1974 has been amended, by the Energy Act 2013 (c.32), Schedule 12, paragraph 6, with the effect that the Office for Nuclear Regulation is the enforcing authority (within the meaning of the 1974 Act) for the relevant statutory provisions as they apply in relation to GB nuclear sites. Exceptions may be made for the Office of Rail Regulation to enforce any of the relevant statutory provisions as they apply on such nuclear sites.

M17S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

PART 2U.K.ENFORCEMENT OF PROVISIONS

Enforcement in respect of the manufacture and storage of explosivesU.K.

2.—(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.

3.  A licensing authority is the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999 M18 in relation to the manufacture or storage of explosives for which it is the enforcing authority by virtue of paragraph 2.U.K.

Marginal Citations

M18S.I. 1999/3242, to which there are amendments not relevant to these Regulations.

4.  The enforcing authority for regulation 13(8) as it applies in respect of the manufacture and storage of any explosive and for regulations 6, 7, 23, 26, 27 and 30 as they apply in respect of the manufacture and storage of ammonium nitrate blasting intermediate is—U.K.

(a)in relation to manufacture or storage on an authorised defence site or a new nuclear build site, the ONR;

(b)otherwise, the Executive.

Enforcement in respect of discarding, disposal and decontaminationU.K.

5.  The licensing authority is the enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a site in relation to which it has granted that or any other person a licence.

6.—(1) The enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a place other than a site in relation to which a person holds a licence is—U.K.

(a)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the Executive in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the Executive;

(b)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the ONR in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the ONR;

(c)where neither paragraph (a) or (b) applies—

(i)in any case where the local authority is by virtue of the 1998 Regulations the enforcing authority for the premises, or part of premises, at which the disposal or decontamination is carried out, the local authority;

(ii)otherwise, the Executive.

(2) In this paragraph, “local authority” in sub-paragraph 1(c) has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 M19.

Marginal Citations

M19S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469. For the purposes of regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations, “local authority” means: (a) in relation to England, a county council so far as they are the council for an area in which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly; (b) in relation to Scotland, the council for a local government area; (c) in relation to Wales, a county council or county borough council.

Enforcement in respect of import of chlorate mixturesU.K.

7.  The Executive is the enforcing authority for regulation 29 as it applies to the import of pyrotechnic substances or pyrotechnic articles which consist of sulphur or phosphorous mixed with chlorate of potassium or other chlorates.

Enforcement in respect of acquisition and supply of fireworksU.K.

8.  The enforcing authority for regulation 9 is—

(a)for a site in relation to which it has granted a person a licence, the Executive;

(b)subject to sub-paragraph (a), a local authority which is a licensing authority in the area of that local authority.

Enforcement in respect of explosives certificates and access to relevant explosivesU.K.

9.—(1) The enforcing authority for regulations 5, 11(5), 21(4), 31, 32 and 37 in any area of Great Britain is the chief officer of police for that area.

(2) Despite sub-paragraph (1), the enforcing authority for regulations 31, 32 and 37 against a police force, any member of a police force or any relevant person is—

(a)so far as the relevant regulation applies in relation to activities carried out on, or in relation to, any authorised defence site or a new nuclear build site, the ONR;

(b)otherwise, the Executive.

(3) For the purposes of this paragraph “relevant person” means a person—

(a)appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff); or

(b)appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff).

Enforcement in respect of identification and traceabilityU.K.

10.  The enforcing authority for regulation 33—

(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is that chief officer of police;

(b)at an authorised defence site or a new nuclear build site, is the ONR;

(c)otherwise, is the Executive.

11.—(1) The enforcing authority for regulation 34 is the Executive.U.K.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 34 to the extent that it imposes requirements on manufacturers who—

(a)are established in Great Britain; and

(b)manufacture explosives on an authorised defence site or a new nuclear build site.

Enforcement in respect of record keepingU.K.

12.—(1) The enforcing authority for regulation 35 is—

(a)the Executive—

(i)in respect of any place within a site in relation to which it is the licensing authority;

(ii)subject to paragraph (b)(ii), in respect of any place occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence;

(iii)in respect of any place below ground in any mine;

(iv)subject to paragraph (b)(iii), against a police force, any member of a police force or relevant person;

(b)the ONR—

(i)in respect of any place within a site in relation to which it is the licensing authority;

(ii)in respect of any place within an authorised defence site or a new nuclear build site;

(iii)against a police force, any member of a police force or any relevant person, so far as regulation 35 applies in relation to activities carried out on, or in relation to, any authorised defence site or new nuclear build site;

(c)in any other case, the chief officer of police for the area.

(2) In this paragraph “relevant person” has the meaning given in paragraph 9.

13.  The enforcing authority for regulation 36—U.K.

(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is, subject to sub-paragraph (b), that chief officer of police;

(b)at a site which is, or forms part of, an authorised defence site or a new nuclear build site, is the ONR;

(c)in any other case, is the Executive.

Enforcement in respect of unmarked plastic explosivesU.K.

14.—(1) The enforcing authority for regulation 38 is the Executive.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for paragraphs (1) and (2) of regulation 38 as they apply on, or in relation to, an authorised defence site or a new nuclear build site.

Enforcement in respect of transfers, and the placing on the market, of civil explosivesU.K.

15.—[F8(1) The Executive is the enforcing authority for regulation 8, Part 13 and paragraph 18 of Schedule 12.]

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 8 as it applies on, or in relation to, any activity carried out wholly or mainly on an authorised defence site or a new nuclear build site.

Textual Amendments

Regulation 80

[F9SCHEDULE 12U.K.ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES, MARKET SURVEILLANCE, COMPLIANCE, WITHDRAWAL AND RECALL NOTICES, DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

Textual Amendments

PART 1U.K.ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES AND MARKET SURVEILLANCE

Enforcement powers, market surveillance and designation of market surveillance authorityU.K.

1.  This Part applies in relation to—

(a)the enforcement of regulation 8 by the Executive or the ONR; and

(b)the enforcement of Part 13, and market surveillance in relation to that Part by the Executive.

2.  In Great Britain, the Executive is designated as the market surveillance authority for the purposes of [F10these Regulations] and RAMS in respect of civil explosives.

Textual Amendments

3.  In its enforcement of Part 13, the Executive must enforce RAMS in respect of its application to civil explosives.

4.  When enforcing Part 13, the enforcing authority must exercise its powers in a manner which is consistent with—

(a)paragraph 8 (evaluation of civil explosives presenting a risk);

(b)paragraph 9 (enforcement action in respect of civil explosives which are not in conformity and which present a risk);

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)paragraph 11 (enforcement action in respect of civil explosives which are in conformity, but present a risk);

(e)paragraph 12 (enforcement action in respect of formal non-compliance); and

(f)paragraph 13 (restrictive measures).

Textual Amendments

5.  Subject to paragraph 7, and to the extent that they would not otherwise do so in the case of regulation 8, the provisions of the 1974 Act referred to in paragraph 6 apply to regulation 8 and Part 13 for the purposes of their enforcement as if that regulation and that Part were health and safety regulations for the purposes of that Act.

6.  In relation to the enforcement of the provisions referred to in paragraph 1—

(a)sections 19 to 28, 33 to 35, 38, 39, 41 42 and 46 of, and Schedule 3A to, the 1974 Act apply as provided in paragraph 7; and

(b)sections 36(1) and (2) and 37 of the 1974 Act apply in relation to offences under section 33 of the 1974 Act as applied by paragraph (a) and the modifications specified in paragraph 7.

7.—(1) For the purposes of the enforcement of the provisions referred to in paragraph 1, and in respect of any related proceedings for a contravention of any of those provisions, the provisions of the 1974 Act mentioned in paragraph 6 apply as if—

(a)any reference to the relevant statutory provisions in those provisions were a reference to—

(i)those provisions as modified by this paragraph; and

(ii)regulation 8 and Part 13 of these Regulations;

(b)references to “risk” were references to “risk” within the meaning of regulation 2(12);

(c)in section 19—

(i)in subsection (1)—

(aa)“Every enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“within its field of responsibility” were omitted;

(ii)in subsection (2), paragraph (b) were omitted; and

(iii)in subsection (3)—

(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“which appointed him” were omitted;

(d)in section 20—

(i)in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

(ii)in subsection 2(c)(i), “his (the inspector’s) enforcing authority” were a reference to the Executive or the ONR, as the case may be;

(iii)in subsection 2(h), the reference to any article or substance which appears to an inspector to have caused or to be likely to cause danger to health or safety included a reference to any civil explosive item which an inspector has reasonable cause to believe will contravene the relevant statutory provisions, present a risk or be unlawfully acquired, used or dealt in;

(iv)in subsection (2)(i), the reference to “the preceding paragraph” included a reference to subsection (2)(h) as modified by this paragraph;

(v)subsection (3) were omitted;

(vi)in subsections (4) and (5), the reference to subsection (2)(h) included a reference to subsection (2)(h) as modified by this paragraph; and

(vii)in subsection (6), the reference to subsection (2)(i) included a reference to subsection (2)(i) as modified by this paragraph;

(e)in section 21—

(i)before paragraph (a), there were inserted—

“(za)is making available on the market a civil explosive which presents a risk;”;

(ii)after “specifying the”, there was inserted “risk, or”; and

(iii)after “requiring that person to”, there were inserted “address the risk or”;

(f)in section 22, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in subsection (2), it permitted an inspector to serve a prohibition notice on a person if, as regards any activities to which the section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of that person, the activities involve or, as the case may be, will involve a risk or a contravention of any of the relevant statutory provisions (as referred to in this paragraph);

(g)in section 23, subsections (3), (4) and (6) were omitted;

(h)in section 25A, in subsection (1)—

(aa)“an enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)before “inspector” where it first appears, there were inserted “an”;

(i)in section 26—

(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“which appointed him” were omitted;

(j)in section 27, in subsection (1)—

(i)paragraph (b) were omitted; and

(ii)“or, as the case may be, to the enforcing authority in question” were omitted;

(k)in section 27A, in subsection (2)—

(i)for “an enforcing authority” there were substituted “the Executive”; and

(ii)the words from “, other than the Office for Nuclear Regulation” to the end were omitted;

(l)in section 28—

(i)in subsection (1)(a)—

(aa)“, other than the Office for Nuclear Regulation (or an inspector appointed by it),” were omitted; and

(bb)“, by virtue of section 43A(6) below” were omitted;

(ii)in subsection (3)(a), “or any enforcing authority” were omitted;

(iii)in subsection (4)—

(aa)“or an enforcing authority” were omitted; and

(bb)“, (including in the case of an enforcing authority, any inspector appointed by it)” were omitted;

(iv)in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted;

(v)in subsection (7)—

(aa)“14(4)(a) or” were omitted; and

(bb)for paragraph (b), there were substituted—

“(b)for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;”; and

(vi)subsection (9B) were omitted;

(m)in section 33—

(i)in subsection (1), paragraphs (a), (b) and (d) were omitted; and

(ii)subsection (2) has effect subject to a subsection (2A) as follows—

“(2) The maximum penalty for an offence under this section involving a contravention of Part 13 of the Explosives Regulations 2014 (S.I. 2014/1638) is—

(a)on summary conviction—

(i)in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;

(ii)in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.”;

(iii)subsection (3) were omitted;

(n)in section 34—

(i)in subsection (1)—

(aa)paragraphs (a) and (b) were omitted;

(bb)for the words from “and it appears” to the end, there were substituted—

“and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry.”; and

(ii)in subsection (3)—

(aa)the reference to six months were a reference to twelve months; and

(ab)“a responsible enforcing authority”, “an enforcing authority” and “the enforcing authority” were each, respectively, a reference to the Executive or the ONR, as the case may be;

(iii)in subsection (4)—

(aa)the reference to “the designer, manufacturer, importer or supplier of any thing” were a reference to an economic operator within the meaning of regulation 2(1); and

(bb)“and in that subsection” to the end were omitted; and

(iv)subsection (6) were omitted;

(o)in section 35, “any enforcing authority” were a reference to the Executive or the ONR, as the case may be;

(p)in section 39—

(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

(ab)“which appointed him” were omitted; and

(q)in section 42, the reference in subsection (3A) to “an explosive article or substance” were a reference to a civil explosive article or substance within the meaning of regulation 33(8).”.

(2) The provisions of the 1974 Act referred to in paragraph 6, except sections 19 and 20, do not apply in relation to the performance of the functions of the Secretary of State under Sub-Part C of Part 13 or the functions under that Part of a notified body which is a public body performing its functions on behalf of the Crown.

Evaluation of civil explosives presenting a riskU.K.

8.  Where the Executive has sufficient reason to believe that a civil explosive presents a risk, the Executive must carry out an evaluation in relation to the civil explosive covering the relevant requirements of Part 13 applying in respect of that civil explosive.

Enforcement action in respect of civil explosives which are not in conformity and which present a riskU.K.

9.—(1) Where, in the course of the evaluation referred to in paragraph 8, the Executive finds that the civil explosive is not in conformity with Part 13, it must, without delay, require a relevant economic operator to—

(a)take appropriate corrective actions to bring the civil explosive into conformity with those requirements within a prescribed period;

(b)withdraw the civil explosive within a prescribed period; or

(c)recall the civil explosive within a prescribed period.

(2) The Executive must inform the [F12approved body] which carried out the conformity assessment procedure in respect of the civil explosive of—

(a)the respect in which the civil explosive is not in conformity with Part 13; and

(b)the actions which the Executive is requiring the relevant economic operator to take.

(3) Where the Executive considers that the lack of conformity referred to in sub-paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

(a)the results of the evaluation; and

(b)the actions which it has required the economic operator to take.

F13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the Executive must take appropriate measures to—

(a)prohibit or restrict the civil explosive being made available on the market in the United Kingdom;

(b)withdraw the civil explosive from the United Kingdom market; or

(c)recall the civil explosive.

(6) Where the Executive takes measures under sub-paragraph (5), it must notify the Secretary of State of those measures without delay.

F14(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) [F15The notice in sub-paragraph (6)] must include details about the civil explosive and, in particular—

(a)the data necessary for the identification of the civil explosive which is not in conformity with Part 13;

(b)the origin of the civil explosive;

(c)the nature of the lack of conformity alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)whether the lack of conformity is due to either of the following—

(i)failure of the civil explosive to meet requirements relating to a risk;

(ii)shortcomings in the [F16designated] standards referred to in regulation 65 (presumption of conformity) conferring a presumption of conformity.

(9) In this paragraph, “prescribed period” means a period which is—

(a)prescribed by the Executive; and

(b)reasonable and commensurate with the nature of the risk presented by the civil explosive.

(10) For the purposes of sub-paragraph (5), “take appropriate measures” includes the Executive making arrangements with the [F17relevant authority] for Northern Ireland as to measures referred to in that sub-paragraph being taken there by that authority.

Textual Amendments

EU safeguarding procedureU.K.

F1810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement action in respect of civil explosives which are in conformity, but present a riskU.K.

11.—(1) Where, having carried out an evaluation under paragraph 8, the Executive finds that, although a civil explosive is in conformity with Part 13 it presents a risk, the Executive must require a relevant economic operator to take appropriate measures to—

(a)ensure that the civil explosive concerned, when placed on the market, no longer presents a risk;

(b)withdraw the civil explosive within a prescribed period; or

(c)recall the civil explosive within a prescribed period.

(2) Where the Executive takes measures under sub-paragraph (1), it must notify the Secretary of State immediately.

F19(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F20The notice referred to in sub-paragraph (2)] must include details about the civil explosive and, in particular—

(a)the data necessary for the identification of the civil explosive concerned;

(b)the origin and the supply chain of the civil explosive;

(c)the nature of the risk involved; and

(d)the nature and duration of the measures taken by the Executive.

(5) In this paragraph, “prescribed period” means a period which is—

(a)prescribed by the Executive; and

(b)reasonable and commensurate with the nature of the risk presented by the civil explosive.

Textual Amendments

Enforcement action in respect of formal non-complianceU.K.

12.—(1) Where the Executive makes one of the following findings relating to a civil explosive, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—

(a)the [F21UK marking]—

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulations 64 (prohibition on improper use of [F21UK marking]) and 68 ([F21UK marking]);

(b)where [F22an approved body] is involved in the production control phase for the civil explosive, the identification number of [F23the approved body]—

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulation 68;

(c)the [F24declaration of conformity]—

(i)has not been drawn up; or

(ii)has been drawn up otherwise than in accordance with regulations 41 ([F24declaration of conformity] and [F25UK marking]) and 67 ([F24declaration of conformity]);

(d)the technical documentation is either not available or not complete;

(e)the following information that is required in respect of the civil explosive is absent, false or incomplete—

(i)the information specified in regulation 44 (traceability of civil explosives to which regulations 33, 34 and 36 do not apply);

(ii)the information specified in regulation 50 (information identifying importer); or

(f)any other administrative requirement imposed on the manufacturer or importer under Part 13 has not been fulfilled.

(2) Until the specified period has elapsed, the Executive must not commence proceedings in relation to Part 13 of these Regulations, or take any other enforcement action in relation to that Part, against the relevant economic operator in respect of the non-compliance concerned.

(3) Where the non-compliance referred to in sub-paragraph (1) persists, the Executive must take appropriate measures to—

(a)restrict or prohibit the civil explosive being made available on the market;

(b)ensure that the civil explosive is withdrawn; or

(c)ensure that the civil explosive is recalled.

(4) This paragraph does not apply where a civil explosive presents a risk.

Textual Amendments

Restrictive measuresU.K.

13.  When enforcing Part 13, the Executive must comply with the requirements of Article 21 of RAMS, as amended from time to time, in relation to any measure to—

(a)prohibit or restrict a civil explosive being made available on the market;

(b)withdraw a civil explosive; or

(c)recall a civil explosive.

PART 2U.K.COMPLIANCE, WITHDRAWAL AND RECALL NOTICES

Compliance, withdrawal and recall noticesU.K.

14.  In addition to the powers available to the Executive under Part 1 of this Schedule for enforcing Part 13, the Executive may use the powers set out in this Part.

Compliance noticeU.K.

15.—(1) The Executive may serve a compliance notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that there is non-compliance.

(2) A compliance notice must—

(a)require the relevant economic operator on which it is served to—

(i)end the non-compliance within such period as may be specified in the notice; or

(ii)provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the Executive that the non-compliance has not in fact occurred; and

(b)warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under paragraph (a) within the period specified in the notice, further action may be taken in respect of the civil explosive or any civil explosive of the same type made available on the market by that relevant economic operator.

(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

(4) Subject to sub-paragraph (5), the Executive may revoke or vary a compliance notice by serving a notification on the economic operator.

(5) The Executive may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Withdrawal noticeU.K.

16.—(1) The Executive may serve a withdrawal notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that—

(a)the civil explosive has been made available on the market; and

(b)there is non-compliance.

(2) A withdrawal notice must prohibit the relevant economic operator from making the civil explosive available on the market without the consent of the Executive.

(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the civil explosive.

(4) A withdrawal notice may require the relevant economic operator to keep the Executive informed of the whereabouts of any civil explosive referred to in the notice.

(5) A consent given by the Executive pursuant to a withdrawal notice may impose such conditions on the making available on the market as the Executive considers appropriate.

(6) Subject to sub-paragraph (7), the Executive may revoke or vary a withdrawal notice by serving a notification on the economic operator.

(7) The Executive may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Recall noticeU.K.

17.—(1) The Executive may serve a recall notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that—

(a)the civil explosive has been made available to end-users; and

(b)there is non-compliance.

(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the civil explosive from end-users to the relevant economic operator or another person specified in the notice.

(3) A recall notice may—

(a)require the recall to be effected in accordance with a code of practice;

(b)require the relevant economic operator to—

(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the civil explosive poses and the fact of the recall; or

(iii)make arrangements for the collection or return of the civil explosive from end-users or its disposal; or

(c)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the civil explosive.

(4) In determining what requirements to include in a recall notice, the Executive must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

(5) A recall notice may only be issued by the Executive where—

(a)other action which it may require under or by virtue of this Schedule would not suffice to address the non-compliance;

(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;

(c)the Executive has given not less than 10 days’ notice to the relevant economic operator of its intention to serve such a notice; and

(d)the Executive has taken account of any advice obtained under sub-paragraph (6).

(6) A relevant economic operator which has received notice from the Executive of an intention to serve a recall notice may at any time prior to the service of the recall notice require the Executive to seek the advice of such person as the Institute determines on the questions of—

(a)whether there is non-compliance; and

(b)whether the issue of a recall notice would be proportionate.

(7) Sub-paragraphs (5)(b), (c) and (d) do not apply in the case of a civil explosive presenting a serious risk requiring, in the view of the Executive, urgent action.

(8) Where a relevant economic operator requires the Executive to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the Executive.

(9) In this regulation, “Institute” means the charitable organisation with the registered number 803725 and known as the Chartered Institute of Arbitrators.

(10) A recall notice served by the Executive may require the relevant economic operator to keep the Executive informed of the whereabouts of a civil explosive to which the recall notice relates, so far as the relevant economic operator is able to do so.

(11) Subject to sub-paragraph (12), the Executive may revoke or vary a recall notice by serving a notification on the economic operator.

(12) The Executive may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Compliance with a withdrawal or recall noticeU.K.

18.—(1) A person must not contravene any requirement or prohibition imposed by a withdrawal or recall notice served pursuant to this Part (including any such notice as varied by the Executive or on appeal).

(2) The provisions of section 33(1)(c) of the 1974 Act apply to sub-paragraph (1) for the purposes of its enforcement as if it were health and safety regulations for the purposes of that Act.

(3) The maximum penalty for an offence under section 33(1)(c) of the 1974 Act, as applied by sub-paragraph (2), is determined in accordance with sub-paragraph (4).

(4) The penalty referred to in sub-paragraph (3) is—

(a)on summary conviction—

(i)in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;

(ii)in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.

InterpretationU.K.

19.  In this Part, “non-compliance” means that a civil explosive—

(a)presents a risk; or

(b)is not in conformity with Part 13 or RAMS in its application to civil explosives.

PART 3U.K.DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

Defence of due diligenceU.K.

20.—(1) Subject to paragraphs (2) and (4), in proceedings for an offence under section 33(1)(c) of the 1974 Act involving a contravention of Part 13 or paragraph 18, it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a)served a notice in accordance with paragraph (3); or

(b)obtained the leave of the court.

(3) The notice must—

(a)give any information in P’s possession which identifies or assists in identifying the person who—

(i)committed the act or default; or

(ii)supplied the information on which P relied; and

(b)be served on the person bringing the proceedings not less than 7 clear days before—

(i)in England and Wales, the hearing of the proceedings;

(ii)in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a)to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a)to the act or default of another person; or

(b)to reliance on information supplied by another person.

Service of a compliance, withdrawal or recall notice or a defence of due diligence noticeU.K.

21.—(1) Section 46 of the 1974 Act applies to the service of—

(a)a compliance, withdrawal or recall notice served by the Executive as it applies to notices served under that Act on a person other than an inspector appointed under section 19 of that Act; and

(b)a notice served by a person under paragraph 20 as it applies to notices served under that Act on an inspector appointed under section 19 of that Act.

Action by enforcing authorityU.K.

22.—(1) The Executive may itself take action which an economic operator could have been required to take by a notice served under or by virtue of Parts 1 or 2 of this Schedule where the conditions for serving such a notice are met and either—

(a)the Executive has been unable to identify any economic operator on whom to serve such a notice; or

(b)the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the Executive has taken action as a result of the condition in paragraph (1)(b) being met, the Executive may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the Executive in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980.

Appeals against noticesU.K.

23.—(1) An application for an order to vary or set aside the terms of a notice served under Part 2 of this Schedule may be made to the appropriate court—

(a)by the economic operator on whom the notice has been served; and

(b)in the case of a notice other than a recall notice, by a person having an interest in the civil explosive in respect of which the notice has been served.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under Part 2 of this Schedule if satisfied—

(a)that the civil explosive to which that notice relates is in conformity with Part 13 and does not present a risk; or

(b)that the enforcing authority failed to comply with paragraph 4 when serving the notice.

(4) On an application to vary the terms of a notice served by virtue of Part 2 of this Schedule, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this paragraph, the “appropriate court” is to be determined in accordance with paragraph 24 (appropriate court for appeals against notices).

Appropriate court for appeals against noticesU.K.

24.—(1) In England and Wales, the appropriate court for the purposes of paragraph 23 is—

(a)the court in which proceedings have been brought for an offence in relation to the civil explosive under section 33 of the 1974 Act;

(b)an employment tribunal seized of appeal proceedings against a notice which relates to the civil explosive and which has been served under or by virtue of Part 1 of this Schedule; or

(c)in any other case, a magistrates’ court.

(2) In Scotland, the appropriate court for the purposes of paragraph 23 is—

(a)the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office; or

(b)an employment tribunal seized of appeal proceedings against a notice which relates to the civil explosive and which has been served under or by virtue of Part 1 of this Schedule.

(3) A person aggrieved by an order made by a magistrates’ court in England and Wales pursuant to an application under paragraph 23, or by a decision of such a court not to make such an order, may appeal against that order or decision to the Crown Court.]

Regulation 48(1)

SCHEDULE 13U.K.AMENDMENTS

PART 1U.K.AMENDMENTS TO PRIMARY LEGISLATION

Explosives Act 1875U.K.

1.—(1) The Explosives Act 1875 M20 is amended as follows.

(2) Omit sections 23 and 61.

(3) In section 74 (seizure and detention of explosives liable to forfeiture) —

(a)in the opening words, omit “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”;

(b)in subsection (1)—

(i)for the words from “he is an inspector” to “a justice”, substitute “ he is authorised by an order from a justice ”; and

(ii)omit “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; and

(c)after subsection (6), omit the words from “In this section” to the end of the section.

Marginal Citations

M201875 c. 17 (38 & 39 Vict.); section 23 was substituted by S.I. 2005/1082 in relation to England, Wales and Scotland. Sections 61 and 74 were amended by the Energy Act 2013 (C. 32), Schedule 12, Part 5, paragraphs 50 and 52 and section 61 was additionally amended by S.I. 1974/1885.

London Building Act 1930U.K.

2.  In section 143 of the London Building Act 1930 M21 (regulations for building near dangerous business), in subsection (4)(a), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M211930 c. clviii; section 143(4)(a) was amended by S.I. 2005/1082.

Fireworks Act 1951U.K.

3.  The Fireworks Act 1951 M22 is repealed.

Marginal Citations

Customs and Excise Management Act 1979U.K.

4.  In section 75(1) of the Customs and Excise Management Act 1979 M23 (explosives), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M231979 c.2; section 75(1) was amended by S.I. 2005/1082.

Isle of Man Act 1979U.K.

5.  In section 8(2) of the Isle of Man Act 1979 M24 (removal of goods from Isle of Man to United Kingdom)—

(a)at the end of paragraph (b) insert “ or ”; and

(b)for paragraphs (c) and (d) substitute —

“(c)any explosives the importation of which into the United Kingdom is prohibited by regulation 29 of the Explosives Regulations 2014.”.

Marginal Citations

M241979 c.58; section 8(2)(b) to (d) was amended by S.I. 2005/1082.

Environmental Protection Act 1990U.K.

6.  In section 142(7) of the Environmental Protection Act 1990 M25 (powers to obtain information about potentially hazardous substances), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M251990 c.43; the entry relating to the Manufacture and Storage of Explosives Regulations 2005 in section 142(7) was inserted by S.I. 2005/1082.

Fireworks Act 2003U.K.

7.  In section 14(2) of the Fireworks Act 2003 M26 (prohibition of supply etc. of other explosives), for “the Explosives Act 1875 (c. 17)” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

Energy Act 2013U.K.

8.—(1) The Energy Act 2013 M27 is amended as follows.

(2) In Schedule 12 (minor and consequential amendments relating to Part 3), omit paragraphs 50 to 52.

Marginal Citations

PART 2U.K.AMENDMENTS TO SECONDARY LEGISLATION

The Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969U.K.

9.  In Schedule 1 to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969 M28 (exempted matter), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M28S.I. 1969/1263, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974U.K.

10.  In Schedule 2 to the Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974 M29 (the Explosives Act 1875: modifications), omit paragraph 5.

Marginal Citations

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975U.K.

11.  The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 M30 is amended as follows—

(a)in paragraph 8 of Part III of Schedule 1 (excepted professions, offices, employments, work and occupations), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”;

(b)in paragraph 3 of Schedule 2 (excepted licences, certificates and permits), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”; and

(c)for paragraph 13 of Schedule 3 (excepted proceedings) substitute—

“13.  Proceedings in respect of—

(a)an application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the Explosives Regulations 2014 (“the 2014 Regulations”) as to the fitness of the applicant to acquire or acquire and keep explosives, including consideration as to whether to refuse the application on any of the grounds specified in regulation 19 of the 2014 Regulations;

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;

(c)an appeal or application pursuant to regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.”.

Marginal Citations

M30S.I. 1975/1023, amended by S.I. 2005/1082 and revoked, in relation to Scotland, by S.S.I 2003/321. There are other amending instruments but none is relevant.

The Isles of Scilly (Functions) Order 1979U.K.

12.  In article 3(e) of the Isles of Scilly (Functions) Order 1979 M31 —

(a)omit “the Explosives Act 1875;”; and

(b)for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M31S.I. 1979/72, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Dangerous Substances in Harbour Areas Regulations 1987U.K.

13.  Regulation 33 of the Dangerous Substances in Harbour Areas Regulations 1987 M32 (Application of Part IX) is amended as follows—

(a)in sub-paragraph (b) of paragraph 1, for the words from “article 8” to “Order 2001” substitute “ article 11 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013 M33 ”; and

(b)in sub-paragraph (e) of paragraph 2—

(i)in paragraph (i), for “ licensed under the Manufacture and Storage of Explosives Regulations 2005” substitute “ in relation to which a person holds a licence under the Explosives Regulations 2014 (“the 2014 Regulations”) ”; and

(ii)for paragraph (ii), substitute—

“(ii)in relation to which a person is deemed to be licensed under the 2014 Regulations by virtue of regulation 47(1) of those Regulations in cases where, in relation to that deemed licence, the assent of the local authority would have been required pursuant to regulation 13(3) of the 2014 Regulations had a licence been applied for under those Regulations;”.

Marginal Citations

M32S.I. 1987/37, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Planning (Hazardous Substances) Regulations 1992U.K.

14.—(1) Schedule 1 to the Planning (Hazardous Substances) Regulations 1992 M34 (hazardous substances and controlled quantities) is amended as follows.

F26(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In column 1 of entry number 54 in Part A as it applies in Wales, for paragraph (1) substitute—

“(1) cellulose nitrate—

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or”.

F27(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In Part B as it applies in Wales—

(a)in column 1 of entry 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”; and

(b)in column 1 of entry 5, for the words from “EXPLOSIVE” to “Regulations 1987 substitute—

“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”.

Textual Amendments

Marginal Citations

M34S.I. 1992/656; relevant amending instruments are S.I. 2009/1901 (in relation to England), 2010/450 (W.48) (in relation to Wales) and 2014/469.

Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993U.K.

15.  In regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993 M35 (interpretation), in the definition of “explosives store” for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.

Marginal Citations

M35S.I. 1993/208, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993U.K.

16.  Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 M36 (hazardous substances and controlled quantities) is amended as follows—

(a)in Part A, in column 1 of entry number 54, for paragraph (1), substitute—

“(1) cellulose nitrate—

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or”; and

(b)in Part B—

(i)in column 1 of entry number 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

“EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”; and

(ii)in column 1 of entry number 5, for the words from “EXPLOSIVE” to “Regulations 1987”, substitute—

“EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”.

Marginal Citations

M36S.I. 1993/323; relevant amending instruments are S.S.I. 2009/378 and 2014/469.

The Health and Safety (Enforcing Authority) Regulations 1998U.K.

17.  In regulation 4 of the Health and Safety (Enforcing Authority) Regulations 1998 M37 (exceptions), omit paragraphs (7) to (12).

Marginal Citations

M37S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

The Visiting Forces and International Headquarters (Application of Law) Order 1999U.K.

18.  In Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 M38 (enactments conferring specific exemptions, privileges etc.), omit the entry relating to the Fireworks Act 1951.

Marginal Citations

M38S.I. 1999/1736, to which there are amendments not relevant to these Regulations.

The Quarries Regulations 1999U.K.

19.  In regulation 2(1) of the Quarries Regulations 1999 M39 (interpretation), in the definition of “explosives store”, for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.

Marginal Citations

M39S.I. 1999/2024, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

Building (Scotland) Regulations 2004U.K.

20.  For paragraph 1 of Schedule 1 to the Building (Scotland) Regulations 2004 M40 (exempted buildings and services, fittings and equipment), substitute—

“1.—(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where the whole building is used for that manufacture or storage.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014, that part of the building where the licence specifies that that manufacture or storage may take place.

(3) Except— sub-paragraphs (1) and (2) do not include any building or, as the case may be, any part of a building as is referred to in, respectively, sub-paragraph (1) or (2) in relation to which—

(a)no minimum separation distance is required to be maintained by virtue of regulation 27(2)(a) or (3) of the Explosives Regulations 2014; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, the Explosives Regulations 2014 and the requirement for the assent of the local authority under regulation 13(3) of those Regulations did not apply by virtue of regulation 13(4)(a) of those Regulations.”.

Marginal Citations

M40S.S.I. 2004/406, amended by S.S.I. 2006/534; there are other amending instruments but none is relevant.

The REACH Enforcement Regulations 2008U.K.

21.  In paragraph 1 of Part 3 of Schedule 3 to the REACH Enforcement Regulations 2008 M41 (health and safety enforcement) for sub-paragraph (t), substitute—

“(t)in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014.”.

Marginal Citations

M41S.I. 2008/2852, to which there are amendments not relevant to these Regulations.

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009U.K.

22.  In regulation 2 of the Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 M42 (extension outside Great Britain)—

(a)omit paragraphs (a) and (b); and

(b)omit “, respectively, regulation 14 of the Control of Explosives Regulations 1991, regulation 3(1)(b) of the Manufacture and Storage of Explosives Regulations 2005 and”.

Marginal Citations

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009U.K.

23.  In regulation 7 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M43 (additional security requirements for carriage by road), for paragraph (5)(c) substitute—

“(c)“a safe and secure place” means a safe and secure place—

(i)within a site in relation to which a person is licensed to manufacture or store explosives under regulation 13 of the Explosives Regulations 2014; or

(ii)at which the manufacture or storage of explosives may lawfully take place by virtue of a certificate of exemption granted under those Regulations.”.

Marginal Citations

M43S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

The Building Regulations 2010U.K.

24.  For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2010 M44 (exempt buildings and work), substitute—

“1.—(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where—

(a)the whole building is used for that manufacture or storage, and either

(b)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(c)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and —

(a)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,

that part of the building where the licence specifies that that manufacture or storage may take place.”.

Marginal Citations

M44S.I. 2010/2214, to which there are amendments not relevant to these Regulations.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011U.K.

25.  The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 M45 are amended as follows—

(a)in regulation 17(2) (consequential amendments), omit sub-paragraphs (c), (d) and (e); and

(b)in the Schedule omit paragraphs 3, 4 and 5.

Marginal Citations

The Health and Safety (Fees) Regulations 2012U.K.

26.  The Health and Safety (Fees) Regulations 2012 M46 are amended as follows.

Marginal Citations

M46S.I. 2012/1652, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

27.  In regulation 1(4) (citation, commencement and interpretation), for “explosives certificate, licence or registration” substitute “ explosive certificate or licence ”.U.K.

28.—(1) In regulation 9 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—U.K.

(a)for paragraph (1), substitute—

“(1) Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of—

(a)paragraph 1(c) or (d) of Schedule 1 to the 2014 Regulations, or

(b)paragraphs 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.”;

(b)in paragraph (2), after “manufacture” insert “ or store ”;

(c)for paragraph (3), substitute—

“(3) Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of—

(a)paragraph 1(a) of Schedule 1 to the 2014 Regulations, or

(b)paragraphs 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.”;

(d)in paragraph (11)—

(i)for “1991” substitute “ 2014 ”; and

(ii)for “4(6)(d)” substitute “ 19(2)(d) ”; and

(e)in paragraph (13)—

(i)omit the definition of “the 1991 Regulations”;

(ii)for the definition of “the 2005 Regulations” substitute—

““the 2014 Regulations” means the Explosives Regulations 2014;”;

(iii)for the definition beginning “ “ammonium nitrate blasting intermediate”” substitute “ “ammonium nitrate blasting intermediate”, “chief officer of police”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “prohibited person”, “shooters' powder” and “site” have the same meanings as in the 2014 Regulations;”; and

(iv)omit the definition beginning “ “chief officer of police””.

29.  In Schedule 8 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—U.K.

(a)for the heading and Part 1, substitute—

U.K.“FEES PAYABLE IN RELATION TO THE EXPLOSIVES REGULATIONS 2014, THE ACETYLENE SAFETY (ENGLAND, WALES AND SCOTLAND) REGULATIONS 2014 AND THE PETROLEUM (CONSOLIDATION) REGULATIONS 2014

PART 1U.K.FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENCES, TO MANUFACTURE OR TO STORE EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPHS 1(c) OR (d) OF SCHEDULE 1 TO THE EXPLOSIVES REGULATIONS 2014 OR PARAGRAPHS 1(b), 2 OR 4 OF THAT SCHEDULE IN LOCAL AUTHORITY ASSENT CASES OR WHERE NO ASSENT REQUIRED BY VIRTUE OF REGULATION 13(4)(b) TO (g)
Table 1
1234
Provision under which a licence is grantedPurpose of applicationFeeFee for work by Specialist Inspector
The 2014 Regulations
Regulation 13, as extended by regulation 2(2) of those Regulations to the manufacture and storage of ammonium nitrate blasting intermediateLicence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing£631£127 per hour worked
Licence to manufacture or store only ammonium nitrate blasting intermediate£156 per hour worked
Licence to manufacture explosives by means of on-site mixing£234£127 per hour worked

Licence to store explosives:

£631£127 per hour worked
Renewal of any of the above licences£83£127 per hour worked
Regulation 16Varying a licence to manufacture or store explosives, not being ammonium nitrate blasting intermediate:£432£127 per hour worked

Varying a licence to manufacture or store ammonium nitrate blasting intermediate

£156 per hour worked
Regulation 17Transfer of any of the above licences£52
Replacement of any licences referred to in this Part if lost

£52”;

(b)for Part 2 substitute—

“PART 2U.K.FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENSES TO STORE EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPH 1(a) OF SCHEDULE 1 TO THE 2014 REGULATIONS OR PARAGRAPH 1(b), 2 OR 4 OF THAT SCHEDULE IN CASES WHERE LOCAL AUTHORITY ASSENT IS NOT REQUIRED BY VIRTUE OF REGULATION 13(4)(a)

Table 2
123
Provision under which a licence is grantedPurpose of applicationFee
The 2014 Regulations
Regulation 13Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed:
(a) one year's duration£178
(b) two years' duration£234
(c) three years' duration£292
(d) four years' duration£360
(e) five years' duration£407
Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed:
(a) one year's duration£105
(b) two years' duration£136
(c) three years' duration£166
(d) four years' duration£198
(e) five years' duration£229
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed:
(a) one year's duration£83
(b) two years' duration£141
(c) three years' duration£198
(d) four years' duration£256
(e) five years' duration£313
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed:
(a) one year's duration£52
(b) two years' duration£83
(c) three years' duration£115
(d) four years' duration£146
(e) five years' duration£178
Regulation 16Varying a licence:
(a) varying name of licensee or address of site£35
(b) any other kind of variationThe reasonable cost to the licensing authority of having the work carried out
Regulation 17Transfer of licence£35
Replacement of licence£35

Note: The fee payable for a licence or renewal of a licence—

(a)of less than one year's duration is, respectively, the fee set out above for a licence, or renewal of a licence of one year's duration decreased proportionately according to the duration of the period for which the licence renewal is granted;

(b)of more than one but less than two years' duration is, respectively, the fee set out above for a licence, or a renewal of a licence of one year's duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(c)of more than two but less than three years' duration is, respectively, the fee set out above for a licence or renewal of a licence of two years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(d)of more than three but less than four years' duration is, respectively, the fee set above for a licence or renewal of a licence of three years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(e)of more than four but less than five years' duration is, respectively, the fee set out above for a licence or renewal of a licence of four years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted.”; and

(c)for Part 8 substitute—

“PART 8U.K.FEES FOR EXPLOSIVES CERTIFICATES UNDER THE EXPLOSIVES REGULATIONS 2014

Table 1
123
Provisions under which a fee is payablePurpose of applicationFee
The 2014 Regulations

Regulation 11

(see Note)

(a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (c), (g) or (i), at a site in relation to which a person holds a licence to store explosives and, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations no minimum separation distance is prescribed or a 0 metres minimum separation distance is prescribed:
(i) one year's duration£125
(ii) two years' duration£156
(iii) three years' duration£188
(iv) four years' duration£219
(v) five years' duration£251
(b) Renewal of the explosives certificate referred to in (a):
(i) one year's duration£110
(ii) two years' duration£130
(iii) three years' duration£151
(iv) four years' duration£173
(v) five years' duration£193
(c) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (a), (g) or (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives:
(i) one year's duration£136
(ii) two years' duration£166
(iii) three years' duration£198
(iv) four years' duration£229
(v) five years' duration£261
(d) Renewal of the explosives certificate referred to in (c):
(i) one year's duration£130
(ii) two years' duration£156
(iii) three years' duration£183
(iv) four years' duration£209
(v) five years' duration£234
(e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives:
(i) one year's duration£183
(ii) two years' duration£219
(iii) three years' duration£256
(iv) four years' duration£292
(v) five years' duration£329
(f) Renewal of the explosives certificate referred to in (e):
(i) one year's duration£161
(ii) two years' duration£193
(iii) three years' duration£224
(iv) four years' duration£256
(v) five years' duration£287
(g) Explosives certificate for acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time£24
(h) Renewal of the explosives certificate referred to in (g) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time£15
(i) Explosives certificate for the acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence and a relevant certificate, where no relevant application under the 1968 Act by the applicant is to be determined at the same time£44
(j) Renewal of the explosives certificate referred to in (i) where no relevant application under the 1968 Act by the applicant is to be determined at the same time£18
(k) Explosives certificate for acquiring more than 15 kilograms of explosives, not including an application for an explosives certificate referred to in entries (m) or (o):
(i) one year's duration£125
(ii) two years duration£156
(iii) three years duration£188
(iv) four years duration£219
(v) five years duration£251
(l) Renewal of the explosive certificate referred to in (k):
(i) one year's duration£110
(ii) two years duration£130
(iii) three years duration£151
(iv) four years duration£173
(v) five years duration£193

(m) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time

£24
(n) Renewal of the explosives certificate referred to in (m) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time£15
(o) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant holds a relevant certificate and no relevant application under the 1968 Act is to be determined at the same time£44
(p) Renewal of the explosives certificate referred to in (o) where no relevant application under the 1968 Act by the applicant is to be determined at the same time£18
(q) Replacement of any explosives certificate referred to in (a) to (f) and (k) and (l) if lost£35
(r) Replacement of any explosives certificate referred to in (g) to (j) and (m) to (p) if lost£10
Table 2
The fee for a check carried out for the purposes of regulation 19(2)(d) of the 2014 Regulations is £5

Note: The fee payable for an explosives certificate or renewal of an explosives certificate (“renewal”)—

(a)of less than one year's duration is, respectively, the fee set out above for a certificate, or renewal of an explosives certificate of one year's duration decreased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(b)of more than one but less than two years' duration is, respectively, the fee set out above for an explosives certificate, or a renewal of an explosives certificate of one year's duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(c)of more than two but less than three years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of two years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(d)of more than three but less than four years' duration is, respectively, the fee set above for an explosives certificate or renewal of an explosives certificate of three years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(e)of more than four but less than five years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of four years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted.”.

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013U.K.

30.  The Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) (Scotland) Order 2013 M47 is amended as follows—

(a)for paragraph 10 of Schedule 1 (proceedings) substitute—

“10.  Proceedings under the Explosives Regulations 2014 (“the 2014 Regulations”) in respect of—

(a)the application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the 2014 Regulations certifying a person to be a fit and proper person to acquire or acquire and keep explosives;

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;

(c)an appeal or application to the Sheriff under regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.”;

(b)in paragraph 3(3)(c) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act), for “regulation 4 of the Control of Explosives Regulations 1991” substitute “ regulation 11 of the Explosives Regulations 2014 ”; and

(c)in paragraph 4 of Part 3 of Schedule 4 (excepted professions, offices, employments and occupations) for “regulation 4 of the Control of Explosives Regulations 1991” substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”.

Marginal Citations

M47S.S.I. 2013/50, to which there are amendments not relevant to these Regulations.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013U.K.

31.  The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 M48 are amended as follows—

(a)in regulation 2(1) (interpretation), in the definition of “explosives” for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”; and

(b)in paragraph 5(a) of Part 1 of Schedule 2 (dangerous occurrences) for “or registration, as the case may be, under regulation 9, 10 or 11 of the Manufacture and Storage of Explosives Regulations 2005” substitute “ under regulations 6 or 7 of the Explosives Regulations 2014 ”.

Marginal Citations

Regulation 48(2) and (3)

SCHEDULE 14U.K.REPEALS AND REVOCATIONS

PART 1U.K.REPEALS

1.Title2.Reference3.Extent of repeal
Explosives Act 1875.c. 17 (38 & 39 Vict).Sections 23 and 61; in section 74, in the opening words, “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”; in subsection (1), “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; after subsection (6), the words from “In this section” to the end of the section.
Fireworks Act 1951*.c. 58.The whole Act.
Energy Act 2013*c.32In Schedule 12, paragraphs 50 to 52.

PART 2U.K.REVOCATIONS

1.Title2.Reference3.Extent of revocation
Order of Secretary of State (No 11), dated September 20, 1924, making Byelaws as to the Conveyance of Explosives on Roads, and in certain special cases.S.R. & O. 1924/1129.The whole instrument.
Order in Council (No 26) Relating to Picric Acid, Picrates and Mixtures of Picric Acid with other Substances.S. R. & O. 1926/823.The whole instrument.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974.S.I. 1974/1885.Regulation 2(a) and Schedule 1, except to the extent that they relate to sections 73, 75 and 89 of the Explosives Act 1875 as amended by S.I. 1974/2166; regulations 3 to 7, paragraphs 1 to 4 and 6 to 21 of Schedule 2, and Schedule 3.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) (Amendment) Regulations 1974.S.I. 1974/2166.The whole instrument.
The Control of Explosives Regulations 1991.S.I. 1991/1531.The whole instrument.
The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993.S.I. 1993/2714.The whole instrument.
The Marking of Plastic Explosives for Detection Regulations 1996S.I. 1996/890The whole instrument
The Health and Safety (Enforcing Authority) Regulations 1998S.I. 1998/494.In regulation 4, paragraphs (7) to (12).
The Manufacture and Storage of Explosives Regulations 2005.S.I. 2005/1082.The whole instrument.
The Manufacture and Storage of Explosives and the Health and Safety (Enforcing Authority) (Amendment and Supplementary Provisions) Regulations 2007.S.I. 2007/2598.

The whole instrument.

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009.S.I. 2009/693.In regulation 2, paragraphs (a) and (b); paragraphs 1, 2 and 4 of Schedule 1.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011.S.I. 2011/1885.In regulation 17(2), sub-paragraphs (c), (d) and (e); paragraphs 3, 4 and 5 of the Schedule.
The Identification and Traceability of Explosives Regulations 2013.S.I. 2013/449.The whole instrument.
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014.S.I. 2014/469

In Schedule 2, paragraph 1.

In Schedule 3, paragraphs 46 to 51, 53 to 55, 110 to 122 and 146.

Regulation 2(1)

[F28SCHEDULE 15U.K. [F29APPROVED] BODY REQUIREMENTS

Textual Amendments

1.  A conformity assessment body must be established in the United Kingdom and have legal personality.U.K.

2.  A conformity assessment body must be a third party body independent of the organisation or the civil explosive it assesses.U.K.

3.—(1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of civil explosives, nor the representative of any of those parties.U.K.

(2) Sub-paragraph (1) does not preclude the use of civil explosives that are necessary for the operations of the conformity assessment body or the use of civil explosives for personal purposes.

4.  A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of civil explosives, or represent the parties engaged in those activities.U.K.

5.  A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified (including consultancy services).U.K.

6.  A conformity assessment body must ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.U.K.

7.  A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in those activities.U.K.

8.  A conformity assessment body must be capable of carrying out all of the conformity assessment activities in relation to which it has been, or is to be, [F30approved], whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.U.K.

Textual Amendments

9.  A conformity assessment body must have at its disposal—U.K.

(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as a [F31approved] body and other activities;

(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.

Textual Amendments

10.  A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities.U.K.

11.  The personnel responsible for carrying out conformity assessment activities must have—U.K.

(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

(b)satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;

(c)appropriate knowledge and understanding of the essential safety requirements, of the applicable [F32designated] standards and F33... of these Regulations;

(d)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

Textual Amendments

12.  A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.U.K.

13.  The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.U.K.

14.  A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.U.K.

15.  A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.U.K.

16.  Paragraph 15 does not prevent the personnel from providing information to the Secretary of State or the enforcing authority in respect of Part 13 of these Regulations.U.K.

17.  A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any [F34approved] body coordination group established [F35by the Secretary of State] and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.]U.K.

Textual Amendments

Regulation 76

[F36SCHEDULE 16U.K.OPERATIONAL OBLIGATIONS OF [F37APPROVED] BODIES

Textual Amendments

1.  [F38An approved] body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

Textual Amendments

2.  [F39An approved] body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

Textual Amendments

3.  [F40An approved] body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

Textual Amendments

4.  [F41An approved] body must respect the degree of rigour and the level of protection required to ensure that the civil explosive is in conformity with the requirements of Part 13 of these Regulations.

Textual Amendments

5.  Where [F42an approved] body finds that essential safety requirements or corresponding [F43designated ] standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.U.K.

Textual Amendments

6.  Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, [F44an approved] body finds that a civil explosive is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).U.K.

Textual Amendments

7.  Where the [F45approved ] body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the [F45approved] body must restrict, suspend or withdraw any certificate of conformity or approval.U.K.

Textual Amendments

8.  Paragraph 9 applies where [F46an approved] body is minded to—U.K.

(a)refuse to issue a certificate of conformity or grant an approval;

(b)restrict, suspend or withdraw a certificate of conformity or approval.

Textual Amendments

9.  Where this paragraph applies, the [F47approved] body must—U.K.

(a)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

(c)take account of any such representations before taking its decision.

Textual Amendments

10.  [F48An approved] must inform the Secretary of State of—

(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

(b)any circumstances affecting the scope of, or conditions for, [F49approval] under regulation 70 F50...;

(c)any request for information which it has received from the enforcing authority in respect of Part 13 regarding conformity assessment activities; and

(d)on request, conformity assessment activities performed within the scope of its [F51approval] under regulation 70 and any other activity performed, including cross-border activities and subcontracting.

Textual Amendments

11.  [F52An approved] body must make provision in its contracts with its clients enabling such clients to appeal against a decision—U.K.

(a)to refuse to issue a certificate of conformity or grant an approval; or

(b)to restrict, suspend or withdraw a certificate of conformity or approval.

Textual Amendments

12.  [F53An approved] body must provide other bodies [F54approved under these Regulations] carrying out similar conformity assessment activities covering the same civil explosives with relevant information on issues relating to negative and, on request, positive conformity assessment results.

Textual Amendments

13.  [F55An approved] must participate in the work of [F56any approved body] coordination group established [F57by the Secretary of State], directly or by means of its designated representatives.]

Textual Amendments

Regulation 66

[F58SCHEDULE 17U.K.CONFORMITY ASSESSMENT PROCEDURES

Textual Amendments

PART 1U.K.TYPE EXAMINATION (MODULE B)

1.—(1) Type examination (Module B) is a conformity assessment procedure in which an approved body examines the technical design of an explosive and verifies and attests that the technical design of the explosive meets the requirements of these Regulations that apply to it.U.K.

(2) Type examination must be carried out as an assessment of the adequacy of the technical design of the explosive through—

(a)examination of the technical documentation and supporting evidence referred to in paragraph 2; and

(b)examination of a specimen of the production envisaged which is representative of the complete product (combination of production type and design type).

2.—(1) A manufacturer must lodge an application for Type examination (Module B) with an approved body of the manufacturer's choice.U.K.

(2) The application must include—

(a)the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;

(b)a written declaration that the same application has not been lodged with any other approved body;

(c)the technical documentation;

(d)the specimens representative of the production envisaged, and any further specimens requested by the approved body if needed for carrying out the test programme;

(e)the supporting evidence for the adequacy of the technical design solution; this supporting evidence must—

(i)mention any documents that have been used, in particular where the relevant designated standards have not been applied in full;

(ii)include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under the manufacturer's responsibility.

3.  The technical documentation referred to in paragraph 2(2)(c) must—U.K.

(a)make it possible to assess the explosive's conformity with the applicable requirements of these Regulations and must include an adequate analysis and assessment of any risks;

(b)specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the explosive;

(c)contain, wherever applicable, at least the following elements—

(i)a general description of the explosive;

(ii)conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;

(iii)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the explosive;

(iv)a list of the designated standards applied in full or in part (where applicable specifying the parts which have been applied);

(v)where designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements, including a list of other relevant technical specifications applied to meet the essential safety requirements;

(vi)the results of design calculations made and examinations carried out;

(vii)test reports.

4.—(1) The approved body must examine the technical documentation and supporting evidence in respect of an explosive to assess the adequacy of the technical design of the explosive.U.K.

(2) For each of the specimens examined, the approved body must—

(a)verify that the specimen—

(i)has been manufactured in conformity with the technical documentation;

(ii)identifies the elements which have been designed in accordance with the applicable provisions of the relevant designated standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

(b)carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards, these have been applied correctly;

(c)carry out, or arrange the carrying out of, appropriate examinations and tests to check whether, where the solutions in the relevant designated standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications meet the corresponding essential safety requirements;

(d)agree with the manufacturer on a location where the examinations and tests will be carried out.

5.  The approved body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes and, without prejudice to the approved body's obligations in relation to the Secretary of State, the approved body may disclose the content of that report, in full or in part, only with the agreement of the manufacturer.U.K.

6.—(1) Where the type meets the applicable requirements of these Regulations, the approved body must issue a Type examination certificate to the manufacturer, which must contain—U.K.

(a)the name and address of the manufacturer;

(b)the conclusions of the examination;

(c)the conditions (if any) for its validity;

(d)the necessary data for the identification of the approved type;

(e)all relevant information to allow the conformity of manufactured explosives with the examined type to be evaluated and to allow for in-service control.

(2) The Type examination certificate referred to in sub-paragraph (1)—

(a)may have one or more annexes attached;

(b)must be accompanied by the descriptions and drawings necessary for identification of the approved type.

(3) Where the type does not satisfy the applicable requirements of these Regulations, the approved body must refuse to issue a Type examination certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

7.  An approved body must keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and must determine whether such changes require further investigation and, if so, the approved body must inform the manufacturer accordingly.U.K.

8.  A manufacturer must inform the approved body that holds the technical documentation relating to the Type examination certificate of all modifications to the approved type that may affect the conformity of the explosive with the essential safety requirements or the conditions for validity of that certificate; such modifications require additional approval in the form of an addition to the original Type examination certificate.U.K.

9.—(1) Each approved body must inform the Secretary of State of all Type examination certificates and any additions thereto which it has issued or withdrawn, and must, periodically or upon request, make available to the Secretary of State the list of such certificates and any additions thereto refused, suspended or otherwise restricted.U.K.

(2) Each approved body must inform the other approved bodies of all Type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and must, upon request, inform the other approved bodies of such certificates and additions thereto which it has issued.

(3) The other approved bodies and the Secretary of State may obtain from the approved body a copy of—

(a)the Type examination certificates and additions thereto;

(b)the technical documentation and the results of the examinations carried out by the approved body.

(4) An approved body must keep a copy of the Type examination certificate, its annexes and additions, as well as the file containing the technical documentation including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

(5) A manufacturer must keep a copy of the Type examination certificate, its annexes and additions together with the technical documentation at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market.

10.  A manufacturer's authorised representative (if any) may lodge the application referred to in paragraph 2 and fulfil the obligations set out in paragraphs 8 and 9(5), provided that they are specified in the mandate by which they were appointed under regulation 46.U.K.

PART 2U.K.CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCT CHECKS AT RANDOM INTERVALS (MODULE C2)

11.  Conformity to type based on internal production control plus supervised product checks at random intervals (Module C2) is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 12 to 14, and it is solely the manufacturer's responsibility to ensure and declare that the explosives concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.U.K.

ManufacturingU.K.

12.  A manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured explosives with the type described in the Type examination certificate and with the requirements of these Regulations that apply to them.

Product checksU.K.

13.—(1) The approved body chosen by the manufacturer must carry out product checks or have them carried out at random intervals determined by that body, in order to verify the quality of the internal checks on the explosive, taking into account, amongst other things, the technological complexity of the explosives and the quantity of production.

(2) The approved body must ensure that—

(a)it takes an adequate sample of the final product on site before its placing on the market; and

(b)the sample is examined and appropriate tests as identified by the relevant parts of the designated standards, or equivalent tests set out in other relevant technical specifications, are carried out to check the conformity of the explosive with the type described in the Type examination certificate and with the relevant requirements of these Regulations.

(3) Where a sample does not conform to the acceptable quality level, the approved body must take appropriate measures.

(4) The acceptance sampling procedure to be applied is intended to determine whether the manufacturing process of the explosive performs within acceptable limits, with a view to ensuring conformity of the explosive.

(5) The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number during the manufacturing process.

UK marking and declaration of conformityU.K.

14.—(1) A manufacturer must affix the UK marking to each individual explosive that is in conformity with the type described in the Type examination certificate and which satisfies the applicable requirements of these Regulations.

(2) A manufacturer must draw up a written declaration of conformity for each explosive type and keep it at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market; the declaration of conformity must identify the explosive type for which it has been drawn up.

(3) A copy of the declaration of conformity must be made available to the relevant authorities upon request.

Authorised representativeU.K.

15.  A manufacturer's obligations set out in paragraph 14 may be fulfilled by the manufacturer's authorised representative (if any), on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate by which they were appointed under regulation 46.

PART 3U.K.CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF THE PRODUCTION PROCESS (MODULE D)

16.  Conformity to type based on quality assurance of the production process (Module D) is a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 17 and 23, and it is solely the manufacturer's responsibility to ensure and declare that the explosives concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.U.K.

ManufacturingU.K.

17.  A manufacturer must operate an approved quality system for production, final product inspection and testing of the explosives specified in paragraph 18, and which is subject to surveillance as specified in paragraph 22.

Quality systemU.K.

18.—(1) A manufacturer must lodge an application for assessment of the manufacturer's quality system with an approved body of the manufacturer's choice.

(2) The application must include—

(a)the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;

(b)a written declaration that the same application has not been lodged with any other approved body;

(c)all relevant information for the explosive category envisaged;

(d)the documentation concerning the quality system;

(e)the technical documentation of the approved type and a copy of the Type examination certificate.

19.—(1) The quality system must ensure that the explosives are in conformity with the type described in the Type examination certificate and comply with the requirements of these Regulations that apply to them.U.K.

(2) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions.

(3) The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of—

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b)the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(c)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

(d)quality records, such as inspection reports and test data, calibration data, and qualification reports on the personnel concerned;

(e)the means of monitoring the achievement of the required product quality and the effective operation of the quality system.

20.—(1) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 19 and, where applicable, it must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.U.K.

(2) The audit team appointed by the approved body to carry out the audit in paragraph 20(1) (“the audit”) must have experience in quality management systems, with at least one member of the team having experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations.

(3) The audit must include an assessment visit to the manufacturer's premises.

(4) The audit team must review the technical documentation referred to in paragraph 18(2)(e) to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the explosive with those requirements.

(5) The decision of the approved body must be notified to the manufacturer and must contain the conclusions of the audit and a reasoned assessment of the decision.

21.—(1) A manufacturer must—U.K.

(a)fulfil the obligations arising out of the quality system as approved and maintain it in an adequate and efficient state; and

(b)keep the approved body that has approved the quality system informed of any intended change to the quality system.

(2) Where the approved body is notified by a manufacturer of any proposed change to the quality system the approved body must—

(a)evaluate such proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in paragraph 19 or whether a reassessment is necessary; and

(b)notify the manufacturer of its decision and, that notification must contain the conclusions of the examination and a reasoned assessment of the decision.

Surveillance under the responsibility of the approved bodyU.K.

22.—(1) The approved body must carry out surveillance, the purpose of which is to ensure that a manufacturer fulfils the obligations arising out of the approved quality system.

(2) A manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide the approved body with all necessary information including, in particular—

(a)the quality system documentation;

(b)the quality records, such as inspection reports and test data, calibration data, and qualification reports on the personnel concerned.

(3) The approved body must carry out periodic audits to ensure that a manufacturer maintains and applies the quality system and, following each audit, must provide the manufacturer with an audit report.

(4) The approved body may pay unexpected visits to a manufacturer; during such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly; and following such a visit the approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

UK marking and declaration of conformityU.K.

23.—(1) A manufacturer must affix the UK marking, and, under the responsibility of the approved body referred to in paragraph 18(1), the latter's identification number to each individual explosive that is in conformity with the type described in the Type examination certificate and which satisfies the applicable requirements of these Regulations.

(2) A manufacturer must draw up a written declaration of conformity for each explosive type and keep it at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market; the declaration of conformity must identify the explosive type for which it has been drawn up.

(3) A copy of the declaration of conformity must be made available to the relevant authorities upon request.

24.  A manufacturer must, for a period of 10 years beginning on the day on which the explosive has been placed on the market, keep at the disposal of the relevant authorities—U.K.

(a)the documentation referred to in paragraph 18(2);

(b)any information relating to the change referred to in paragraph 21(1)(b) and 21(2), as approved;

(c)the decisions and reports of the approved body referred to in paragraphs 21, 22(3) and 22(4).

25.  Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.U.K.

26.  Each approved body must inform other approved bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.U.K.

Authorised representativeU.K.

27.  A manufacturer's obligations set out in paragraphs 18(1), 18(2), 21(1)(b), 21(2), 23 and 24 may be fulfilled by the manufacturer's authorised representative (if any), on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate by which they were appointed under regulation 46.

PART 4U.K.CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE (MODULE E)

28.  Conformity to type based on product quality assurance (Module E) is that part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 29 and 34, and it is solely the responsibility of the manufacturer that the explosives concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.U.K.

ManufacturingU.K.

29.  A manufacturer must operate an approved quality system for final product inspection and testing of the explosives concerned as specified in paragraphs 30 and 31 and which must be subject to surveillance as specified in paragraph 33.

Quality systemU.K.

30.—(1) A manufacturer must lodge an application for assessment of the manufacturer's quality system with an approved body of the manufacturer's choice for the explosives concerned.

(2) The application must include—

(a)the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;

(b)a written declaration that the same application has not been lodged with any other approved body;

(c)all relevant information for the explosive category envisaged;

(d)the documentation concerning the quality system;

(e)the technical documentation of the approved type and a copy of the Type examination certificate.

(3) The quality system must ensure compliance of the explosives with the type described in the Type examination certificate and with the applicable requirements of these Regulations.

(4) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions; this quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and, it must, in particular, contain an adequate description of—

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b)the examinations and tests that will be carried out after manufacture;

(c)the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned;

(d)the means of monitoring the effective operation of the quality system.

31.—(1) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 30(3) and (4) and, where applicable, it must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of a relevant designated standard.U.K.

(2) The audit team appointed by the approved body to carry out the audit under paragraph 31(1) (“the audit”) must have experience in quality management systems and have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations.

(3) The audit must include an assessment visit to the manufacturer's premises.

(4) The audit team must review the technical documentation referred to in paragraph 30(2)(e), in order to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the explosive with those requirements.

(5) The decision of the approved body must be notified to the manufacturer and the notification must contain the conclusions of the audit and the reasoned assessment for the decision.

32.—(1) A manufacturer must—U.K.

(a)fulfil the obligations arising out of the quality system as approved and maintain it in an adequate and efficient state; and

(b)keep the approved body that has approved the quality system informed of any intended change to the quality system.

(2) Where the approved body is notified by a manufacturer of any proposed change to the quality system the approved body must—

(a)evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in paragraph 30(3) and (4) or whether a reassessment is necessary; and

(b)notify the manufacturer of its decision and, that notification must contain the conclusions of the examination and the reasoned assessment for the decision.

Surveillance under the responsibility of the approved bodyU.K.

33.—(1) The approved body must carry out surveillance, the purpose of which is to ensure that a manufacturer fulfils the obligations arising out of the approved quality system.

(2) A manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular—

(a)the quality system documentation;

(b)the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned.

(3) The approved body must carry out periodic audits to ensure that a manufacturer maintains and applies the quality system and, following each audit, must provide the manufacturer with an audit report.

(4) The approved body may pay unexpected visits to the manufacturer; during such visits the approved body may carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly and, following such a visit, the approved body must provide the manufacturer with a visit report and, if tests have been carried out, a test report.

UK marking and declaration of conformityU.K.

34.—(1) A manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 30(1), the latter's identification number to each individual explosive that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.

(2) A manufacturer must draw up a written declaration of conformity for each explosive type and keep it at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market.

(3) A copy of the declaration of conformity must be made available to the relevant authorities upon request.

35.  A manufacturer must, for a period of 10 years, beginning on the day on which the explosive has been placed on the market, keep at the disposal of the relevant authorities—U.K.

(a)the documentation referred to in paragraph 30(1) and 30(2);

(b)the information relating to the change referred to in paragraph 32(1)(b) and 32(2), as approved;

(c)the decisions and reports of the approved body referred to in paragraphs 32(2), 33(3) and 33(4).

36.—(1) Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.U.K.

(2) Each approved body must inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.

Authorised representativeU.K.

37.  A manufacturer's obligations set out in paragraphs 30(1), 30(2), 32(1)(b), 34 and 35 may be fulfilled by the manufacturer's authorised representative (if any), on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate by which they were appointed under regulation 46.

PART 5U.K.CONFORMITY TO TYPE BASED ON PRODUCT VERIFICATION (MODULE F)

38.  Conformity to type based on product verification (Module F) is the part of a conformity assessment procedure whereby a manufacturer fulfils the obligations laid down in paragraphs 39, 42(1) and 43, and it is solely the responsibility of the manufacturer to ensure and declare that the explosives concerned, which have been subject to examinations and tests under paragraph 40, are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.U.K.

ManufacturingU.K.

39.  A manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured explosives with the approved type described in the Type examination certificate and with the requirements of these Regulations that apply to them.

VerificationU.K.

40.—(1) An approved body chosen by the manufacturer must carry out appropriate examinations and tests in order to check the conformity of the explosives with the approved type described in the Type examination certificate and with the appropriate requirements of these Regulations.

(2) The examinations and tests to check the conformity of the explosives with the appropriate requirements must be carried out, at the choice of the manufacturer, either—

(a)by examination and testing of every product as specified in paragraph 41; or

(b)by examination and testing of the explosives on a statistical basis as specified in paragraph 42.

Verification of conformity by examination and testing of every productU.K.

41.—(1) All explosives must be individually examined and appropriate tests in the relevant designated standard or equivalent tests in other relevant technical specifications must be carried out in order to verify conformity with the approved type described in the Type examination certificate and with the appropriate requirements of these Regulations; in the absence of such a designated standard, the approved body concerned must decide on the appropriate tests to be carried out.

(2) The approved body must issue a certificate of conformity in respect of the examinations and tests carried out, and must affix its identification number to each approved explosive or have it affixed under its responsibility.

(3) A manufacturer must keep the certificates of conformity available for inspection by the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market.

Statistical verification of conformityU.K.

42.—(1) A manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure the homogeneity of each lot produced, and must present the manufacturer's explosives for verification in the form of homogeneous lots.

(2) The approved body must take a random sample from each lot; all explosives in a sample must be individually examined and appropriate tests set out in the relevant designated standards, or equivalent tests set out in other relevant technical specifications, must be carried out in order to verify their conformity with the approved type described in the Type examination certificate and with the applicable requirements of these Regulations and to determine whether the lot is accepted or rejected; in the absence of such a designated standard, the approved body concerned must decide on the appropriate tests to be carried out.

(3) If a lot is accepted, all explosives of the lot must be considered approved, except for those explosives from the sample that have been found not to satisfy the tests.

(4) The approved body must issue a certificate of conformity in respect of the examinations and tests carried out, and must affix its identification number to each approved explosive or have it affixed under its responsibility.

(5) A manufacturer must keep the certificates of conformity at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market.

(6) If a lot is rejected, the approved body, or enforcing authority, must take appropriate measures to prevent the placing on the market of that lot and, in the event of the frequent rejection of lots the approved body may suspend statistical verification and take appropriate measures.

UK marking and declaration of conformityU.K.

43.—(1) A manufacturer must affix the UK marking, and, under the responsibility of the approved body referred to in paragraph 40(1), the latter's identification number to each individual explosive confirming that the explosive is in conformity with the approved type described in the Type examination certificate and that it satisfies the applicable requirements of these Regulations.

(2) A manufacturer must draw up a written declaration of conformity for each explosive type and keep it at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market and, such a declaration of conformity must identify the explosive type for which it has been drawn up.

(3) A copy of the declaration of conformity must be made available to the relevant authorities upon request.

(4) If the approved body referred to in paragraph 40(1) agrees, and under its responsibility, the manufacturer may affix the approved body's identification number to the explosives.

(5) If the approved body referred to in paragraph 40(1) agrees and under its responsibility, a manufacturer may affix the approved body's identification number to the explosives during the manufacturing process.

Authorised representativeU.K.

44.  A manufacturer's obligations under this Part of this Schedule may be fulfilled by the manufacturer's authorised representative (if any), on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate by which they were appointed under regulation 46, but an authorised representative may not fulfil the manufacturer's obligations set out in paragraphs 39 and 42(1).

PART 6U.K.CONFORMITY BASED ON UNIT VERIFICATION (MODULE G)

45.  Conformity based on unit verification (Module G) is the conformity assessment procedure whereby a manufacturer fulfils the obligations laid down in paragraphs 46, 47 and 49, and it is solely the responsibility of the manufacturer to ensure and declare that the explosive concerned, which has been subject to the provisions of paragraph 48, is in conformity with the requirements of these Regulations that apply to it.U.K.

Technical documentationU.K.

46.—(1) A manufacturer must establish the technical documentation and make it available to the approved body referred to in paragraph 48; the documentation must make it possible to assess the explosive's conformity with the relevant requirements and must include an adequate analysis and assessment of any risks.

(2) The technical documentation must specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the explosive and, wherever applicable, the technical documentation must contain at least the following elements—

(a)a general description of the explosive;

(b)conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;

(c)descriptions and explanations necessary for the understanding of the drawings and schemes and the operation of the explosive;

(d)a list of the designated standards applied in full or in part and, where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of these Regulations, including a list of other relevant technical specifications applied; and in the case of partly applied designated standards, the technical documentation must specify the parts which have been applied;

(e)results of design calculations made and examinations carried out; and

(f)test reports.

(3) A manufacturer must keep the technical documentation at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market.

ManufacturingU.K.

47.  A manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured explosive with the applicable requirements of these Regulations.

VerificationU.K.

48.—(1) An approved body chosen by the manufacturer must carry out, or have carried out, appropriate examinations and tests set out in the relevant designated standards, or equivalent tests set out in other relevant technical specifications, to check the conformity of the explosive with the applicable requirements of these Regulations; in the absence of such a designated standard, the approved body concerned must decide on the appropriate tests to be carried out.

(2) The approved body must issue a certificate of conformity in respect of the examinations and tests carried out and must affix its identification number to the approved explosive, or have it affixed under its responsibility.

(3) A manufacturer must keep the certificates of conformity at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market.

UK marking and declaration of conformityU.K.

49.—(1) A manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 48, the latter's identification number to each explosive that satisfies the applicable requirements of these Regulations.

(2) A manufacturer must draw up a written declaration of conformity and keep it at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market and, the declaration of conformity must identify the explosive for which it has been drawn up.

(3) A copy of the declaration of conformity must be made available to the relevant authorities upon request.

Authorised representativeU.K.

50.  A manufacturer's obligations set out in paragraphs 46(3) and 49 may be fulfilled by the manufacturer's authorised representative (if any), on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate by which they were appointed under regulation 46.

Regulation 67(c)

SCHEDULE 18U.K.DECLARATION OF CONFORMITY

Declaration of conformity (No XXXX)

1.  No … (product, type, batch or serial number):U.K.

2.  Name and address of the manufacturer and, where applicable, the manufacturer's authorised representative:U.K.

3.  This declaration of conformity is issued under the sole responsibility of the manufacturer.U.K.

4.  Object of the declaration (identification of product allowing traceability):U.K.

5.  The object of the declaration described above is in conformity with the relevant statutory requirements:U.K.

6.  References to the relevant designated standards used or references to the other technical specifications in relation to which conformity is declared:U.K.

7.  The approved body … (name, number) performed … (description of intervention) and issued the certificate:U.K.

8.  Additional information:U.K.

Signed for and on behalf of: (place and date of issue): (name, function) (signature):]

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