41. After regulation 36 insert—U.K.
“Harbours ceasing to be nuclear harbours
36A.—(1) Where this regulation applies any explosives licence issued by, or treated as issued by, the Office for Nuclear Regulation (“ONR”) is to be treated on and after the relevant date as an explosives licence issued by the Health and Safety Executive.
(2) This regulation applies where—
(a)the harbour in respect of which the licence was issued ceases to be a nuclear harbour; and
(b)the licence mentioned in sub-paragraph (a) remained in force (with or without variations) immediately before the date on which the harbour ceased to be a nuclear harbour
(3) In this regulation—
(a)“nuclear harbour” means a harbour which is, or forms part of an ONR regulated site;
(b)“relevant date” means, in relation to a harbour, the date on which it ceased to be a nuclear harbour.
Harbours becoming nuclear harbours
36B.—(1) Where this regulation applies any explosives licence issued by, or treated as issued by, the Health and Safety Executive (“HSEis to be treated on and after the relevant date as an explosives licence issued by the Office for Nuclear Regulation.
(2) This regulation applies where—
(a)the harbour in respect of which the licence was issued becomes a nuclear harbour; and
(b)the licence mentioned in sub-paragraph (a) remained in force (with or without variations) immediately before the date on which the harbour became a nuclear harbour.
(3) For the purposes of this regulation—
(a)“nuclear harbour” has the meaning given by regulation 36A;
(b)“relevant date” means, in relation to a harbour, the date on which the harbour became a nuclear harbour.”.