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The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006

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Regulation 27(1)

SCHEDULE 6AMENDMENTS

This schedulenoteType=Explanatory Memorandum has no associated

PART 1AMENDMENTS TO PRIMARY LEGISLATION

Explosives Act 1875

1.  (1)  The 1875 Act is amended as follows.

(2) Omit sections 4 to 22 and for section 23 (precautions against fire or explosion to be taken by occupier) substitute—

Precautions against unauthorised access

23.  (1)  The occupier of every premises at which gunpowder is manufactured or stored shall take all due precaution for preventing unauthorised persons having access to the premises or to the gunpowder therein.

(2) In the event of any breach (by any act or default) of subsection (1), the occupier shall be guilty of an offence.

(3) In this section, “premises” has the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978..

(3) Omit sections 24 to 29, 33, 35 to 38, 40 and 41.

(4) In section 43 (power to prohibit manufacture, storage and carriage of specially dangerous explosives)—

(a)omit “, either absolutely, or except in pursuance of a license of the Secretary of State under this Act”; and

(b)for the words from “Provided that” to “conveyance of explosives” substitute “A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence and liable to the penalties specified in Article 31(4) of the Health and Safety at Work (Northern Ireland) Order 1978.”.

(5) Omit sections 44 to 51, 57 to 60 and 62 to 66.

(6) Omit sections 71, 72, 77 to 79, 81 and 82.

(7) In section 83 (provisions as to Orders in Council and orders of Secretary of State), omit—

(a)“, and a Secretary of State may by order,”; and

(b)“or orders of the Secretary of State, as the case may be,”.

(8) Omit sections 84 to 88.

(9) In section 97 (exemption of Government factories, &c., from the Act), omit paragraphs (3) and (4) and the words from “Provided that” to the end of the section.

(10) Omit sections 98 and 101.

(11) In section 102 (saving clause as to liability), omit the words from “A continuing certificate” to the end of the section.

(12) Omit sections 103, 105 and 106.

(13) In section 108 (general definitions)—

(a)in the definition of “this Act”, omit “certificate, byelaw, regulation, rule,”;

(b)in the definition of “store”, omit “an existing gunpowder store as defined by this Act, or” and “licensed by a license granted under this Act”; and

(c)omit the definitions of “existing”, “factory magazine”, “harbour authority”, “canal company”, “railway company”, “safety cartridges” and “Gunpowder Act 1860”.

(14) Omit sections 119 to 121.

(15) Omit Schedules 1 and 2.

Merchant Shipping Act 1894

2.  In section 446(3) of the Merchant Shipping Act 1894(1) (dangerous goods), for “Explosives Act, 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

Uniformity of Laws Act (Northern Ireland) 1922

3.  In section 9 of the Uniformity of Laws Act (Northern Ireland) 1922(2) (definitions), for “Explosives Act, 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

Celluloid and Cinematograph Film Act 1922

4.  In section 9 of the Celluloid and Cinematograph Film Act 1922(3) (definitions), in the definition of “celluloid”, for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

Petroleum (Consolidation) Act (Northern Ireland) 1929

5.  In section 23 of the Petroleum (Consolidation) Act (Northern Ireland) 1929(4) (interpretation), for “Explosives Act, 1875” substitute “Health and Safety at Work (Northern Ireland) Order 1978”.

Acquisition of Land (Authorisation Procedure) Act 1946

6.  In Schedule 4 to the Acquisition of Land (Authorisation Procedure) Act 1946(5) (minor and consequential amendments), omit the entry relating to the Explosives Act 1875.

Financial Provisions Act (Northern Ireland) 1968

7.  In Schedule 1 to the Financial Provisions Act (Northern Ireland) 1968(6) (variation of fees etc.), omit the entry relating to the Explosives Act 1875.

Explosives Act (Northern Ireland) 1970

8.  (1)  The Explosives Act (Northern Ireland) 1970(7) is amended as follows.

(2) In section 1 (making and dealing with explosives)—

(a)in subsection (1), for the words “Explosives Acts” to “under those Acts” substitute “Explosives Act 1875 (in this Act referred to as “the 1875 Act”) or of any instrument made under that Act, the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”;

(b)in subsection (3)(a), for the word “magazine” substitute “store keeping more than 2000 kilograms of explosives”; and

(c)for subsection (4A), substitute—

  • Subsections (1) and (2) shall not apply to—

    (a)

    fireworks of such categories as may be prescribed by Explosives regulations; and

    (b)

    those desensitised explosives listed in Schedule 2 to the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006..

(3) In sections 3(1) and (2) (explosives regulations), 8(1) (interpretation) and 10 (short title and citation), for the words “principal Acts” substitute “1875 Act”.

(4) In section 5 (RUC to have powers of inspectors)—

(a)for the words “sections 55, 75 and 86” substitute “sections 55 and 75”; and

(b)omit the words “and, so far as it applies to those sections, in section 87 of that Act,”.

(5) In section 8(3) (interpretation), for the words “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

Northern Ireland (Modification of Enactments — No. 1) Order 1973

9.  (1)  The Northern Ireland (Modification of Enactments — No. 1) Order 1973(8) is amended as follows.

(2) In Schedule 1 (Acts relating to the functions transferred to Secretary of State), omit the reference to the Explosives Act (Northern Ireland) 1924 (c. 5 (N.I.)).

(3) In Schedule 3 (Acts relating to functions transferred to the Treasury), omit the reference to section 72 of the Explosives Act 1875 (c. 17).

Sex Discrimination (Northern Ireland) Order 1976

10.  In Schedule 4 to the Sex Discrimination (Northern Ireland) Order 1976(9) (statutory provisions relevant for purposes of Article 56), omit the entries relating to the Explosives Act 1875 and the Explosives Act (Northern Ireland) 1924.

Judicature (Northern Ireland) Act 1978

11.  In Schedule 5 to the Judicature (Northern Ireland) Act 1978(10) (minor and consequential amendments), omit the entry relating to the Explosives Act 1875.

Pollution Control and Local Government (Northern Ireland) Order 1978

12.  Until the coming into force of its repeal by the Environmental Protection Act 1990(11) the definition of “waste” in Article 36 of the Pollution Control and Local Government (Northern Ireland) Order 1978(12) has effect as if the reference to the Explosives Acts 1875 to 1970 were a reference to these Regulations.

Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

13.  (1)  The Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(13) is amended as follows.

(2) In Schedule 1 (excepted professions, offices, employments and occupations)—

(a)in Part II (offices and employment), omit paragraph 6;

(b)in Part III (regulated occupations), omit paragraph 8 and in paragraph 9 omit “, magazine”; and

(c)in Part IV (interpretation), for the words “50(1)” to the end substitute “2(2) of the Firearms (Northern Ireland) Order 2004;”.

(3) In Schedule 2 (excepted licences, certificates and permits)—

(a)in paragraph 1, from the words “Firearms certificates issued” to “section 13 of that Act;” substitute “Any application for the grant of a firearm certificate under the Firearms (Northern Ireland) Order 2004 or any request for any authority under that Order;”; and

(b)omit paragraph 3.

(4) In paragraph 14 of Schedule 3 (excepted proceedings), omit the words “on an application to the police or a court of summary jurisdiction for a certificate under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of the applicant to keep explosives and”.

Environmental Protection Act 1990

14.  (1)  The Environmental Protection Act 1990(14) is amended as follows.

(2) In section 75(2) (meaning of waste) as enacted, for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

(3) In section 142(7) (powers to obtain information), for “Explosive Substances Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

Merchant Shipping Act 1995

15.  In Schedule 13 to the Merchant Shipping Act 1995(15) (consequential amendments), omit paragraph 5.

Waste and Contaminated Land (Northern Ireland) Order 1997

16.  In Article 33(6) of the Waste and Contaminated Land (Northern Ireland) Order 1997(16) (power to obtain information about potentially hazardous substances), for the words “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

PART 2AMENDMENTS TO SECONDARY LEGISLATION

The Factory and Workshop Act 1901, use of locomotives and wagons on lines and sidings, Regulations 1906

17.  In the Factory and Workshop Act 1901, use of locomotives and wagons on lines and sidings, Regulations 1906(17), in the provisions on Application which begin with the words “Nothing in these Regulations shall apply to”, for sub-paragraph (i) substitute “(i) Any site for the manufacture of explosives which is specified in a licence granted under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

Order in Council No. 30 dated 2nd February 1937

18.  After the proviso in Order in Council No. 30 dated 2nd February 1937(18), insert—

  • For the purpose of paragraph (1) of the proviso, all buildings and places adjoining each other and occupied together shall be deemed to be the same premises..

The Miscellaneous Mines (Explosives) Regulations (Northern Ireland) 1970

19.  (1)  The Miscellaneous Mines (Explosives) Regulations (Northern Ireland) 1970(19) are amended as follows.

(2) For the definition of “explosives store” in regulation 2(1) (interpretation), substitute—

“explosives store” means a building, enclosed area or metal structure where explosives are stored under a licence granted or certificate of registration issued under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006;.

(3) In regulation 32(a) (shot firing — additional provisions for shafts, winzes and raises), for the words from “workshop used” to the end substitute “suitable place for that purpose appointed by the manager of the mine.”.

The Explosives Regulations (Northern Ireland) 1970

20.  (1)  The Explosives Regulations (Northern Ireland) 1970(20) are amended as follows.

(2) In regulation 3 (saving for Explosives Acts)—

(a)omit “Except as provided by Regulation 5”; and

(b)for the words “Explosives Act (Northern Ireland) 1924” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

(3) In regulation 4(3) (police consent under section 1 of the Act of 1970), for the words from “Minister under the Act” to the end substitute “Secretary of State under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006.”.

(4) Regulation 5 (manufacture etc. of ammonium nitrate mixtures) is revoked.

(5) In the Schedule, omit Forms 3 and 4.

The Clean Air (Emission of Dark Smoke) Regulations (Northern Ireland) 1981

21.  In paragraph 2 of Schedule 1 to the Clean Air (Emission of Dark Smoke) Regulations (Northern Ireland) 1981(21) (exempted matter), for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991

22.  In regulation 5(2)(h) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991(22) (application of these Regulations), for the words “or the Explosives (Northern Ireland) Order 1972” substitute “, the Explosives (Northern Ireland) Order 1972 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991

23.  (1)  The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991(23) are amended as follows.

(2) In regulation 3(3) (classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof), omit “Subject to regulation 11,”.

(3) Regulation 11 (classification and labelling under these regulations shall satisfy classification and labelling provisions of the Explosives Act 1875) is revoked.

The Planning (Hazardous Substances) Regulations (Northern Ireland) 1993

24.  Schedule 3 to the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993(24) is amended as follows—

(a)in substance 50 in Part A (named substances), for the words “to which the Explosives Act 1875 applies” substitute “for which a licence, granted under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006, is required”; and

(b)in categories 4 and 5 of Part B (categories of substances and preparations not specifically named in Part A), for the words “or magazine subject to assent procedures under section 7 of the Explosives Act 1875” substitute “subject to the public hearing procedure under regulation 12 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Placing on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 1993

25.  (1)  The Placing on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 1993(25) are amended as follows.

(2) In regulation 3 (application)—

(a)in 3(2)(a), for “Firearms Orders 1981 to 1992” substitute “Firearms (Northern Ireland) Order 2004”; and

(b)in 3(3)(a), for “Section 53 of the Explosives Act 1875” substitute “Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978”.

(3) Regulation 11 and Schedule 4 (modifications) are revoked.

The Toys (Safety) Regulations 1995

26.  In Schedule 3 to the Toys (Safety) Regulations 1995(26), in the note at the end marked with an asterisk, after the words “Manufacture and Storage of Explosives Regulations 2005” insert “and the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Explosives in Harbour Areas Regulations (Northern Ireland) 1995

27.  For regulation 3(3)(e) of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995(27) (application), substitute—

(e)a berth which forms part of a site—

(i)licensed under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 in cases where, in relation to the application for that licence, the public hearing procedure was required pursuant to regulation 11(4) of those Regulations; or

(ii)which is deemed to be licensed under those Regulations by virtue of regulation 26 of those Regulations in cases where, in relation to that deemed licence, the public hearing procedure would have been required pursuant to regulation 11(4) of those Regulations had the licence been applied for under those Regulations;.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997

28.  (1)  The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997(28) are amended as follows.

(2) In Schedule 2 (dangerous occurrences)—

(a)in Part I (general)—

(i)for paragraph 6(1)(a), substitute—

(a)any unintentional fire, explosion or ignition at a site—

(i)where explosives are manufactured by a person who holds a licence, or who does not hold a licence but is required to, in respect of that manufacture under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006; or

(ii)where explosives are stored by a person who holds a licence or is registered, or who is not licensed but is required to be in the absence of any registration, in respect of that storage under those Regulations;

(aa)the unintentional explosion or ignition of explosives at a place other than a site described in sub-paragraph (1)(a), not being one—

(i)caused by the unintentional discharge of a weapon where, apart from that unintentional discharge, the weapon and explosives functioned as they were designed to do; or

(ii)where a fail-safe device or safe system of work functioned so as to prevent any person from being injured in consequence of the explosion or ignition;;

(ii)at the end of paragraph 6(1)(e), insert “or from any intentional fire or ignition”; and

(iii)for paragraph 6(2), substitute—

(2) In this paragraph—

“danger zone” means the area from which persons have been excluded or forbidden to enter to avoid being endangered by any explosion or ignition of explosives; and

“explosives” has the same meaning as in the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006..

(3) In Schedule 7 (statutory provisions requiring the notification of events which are not required to be notified or reported under the Regulations), omit the entry relating to the Explosives Act 1875.

The Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999

29.  For regulation 3 of the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999(29) (application), substitute—

3.  These Regulations shall not apply to an industrial activity involving substances to which the Explosives Acts (Northern Ireland) 1875 to 1970, the Explosives (Northern Ireland) Order 1972 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 apply..

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 1999

30.  In regulation 3(18)(a) of the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 1999(30) (amendment of the principal Regulations), for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Building Regulations (Northern Ireland) 2000

31.  For paragraph 1(a) of Class 1 of Schedule 1 to the Building Regulations (Northern Ireland) 2000(31) (classes of exempted buildings), substitute—

(a)Any building in which explosives are manufactured or stored under a licence granted under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006..

The Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000

32.  In regulation 3 of the Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000(32) (application), after the words “Explosives Acts (Northern Ireland) 1875 to 1970” insert “and the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Explosives (Fireworks) Regulations (Northern Ireland) 2002

33.  (1)  The Explosives (Fireworks) Regulations (Northern Ireland) 2002(33) are amended as follows.

(2) In the definition of “enforcing authority” in regulation 2(1) (interpretation), for the words “1994” substitute “2005”.

(3) In regulation 3 (savings for Explosives Acts), for “Explosives Act (Northern Ireland) 1924” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

(4) In regulation 4(2) (prohibition on the possession, purchase, sale, acquisition, handling or use of fireworks), after the word “prohibited” insert “by a person other than a Government Inspector, Constable or representative of an enforcing authority acting in his capacity as such”.

(5) In regulation 8 (labelling requirements)—

(a)in paragraph (2), for the word “packet” substitute “packaging”; and

(b)in paragraph (3), after the word “firework” insert “the packaging of”.

(6) For regulation 9(b) (fireworks exempt from prohibition), substitute—

(b)any person licensed under regulation 11, or registered under regulation 13, of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 to keep classified fireworks for the purpose of wholesale or retail trade;.

(7) In regulation 11(2) (display of notice and certificate), for the words “of premises under section 5 of the Explosives Act 1875” substitute “under regulation 13 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

(8) In Schedule 3 (scale of licence fees), for the words “Where the attendance of any persons at a fireworks display will not exceed 1000;” substitute “Where the attendance of any persons at a fireworks display will exceed 100 but will not exceed 1000;”.

The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

34.  In regulation 3(7) (application) of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(34), for the words “Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972” substitute “Explosives Acts (Northern Ireland) 1875 to 1970, the Explosives (Northern Ireland) Order 1972 or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations (Northern Ireland) 2005

35.  In paragraph 2 of Schedule 3 to the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations (Northern Ireland) 2005(35) (accuracy classes for filling instruments), for the words “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”.

The Carriage of Explosives Regulations (Northern Ireland) 2006

36.  (1)  The Carriage of Explosives Regulations (Northern Ireland) 2006(36) are amended as follows.

(2) In regulation 2(1) (interpretation), for the definition of “safe and secure place” substitute—

“safe and secure place” means a safe and secure place within a site—

(a)

in relation to which a person is licensed to manufacture or store explosives under regulation 11 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 or is registered in respect of such storage under regulation 13 of those Regulations; or

(b)

in respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemptions) Regulations (Northern Ireland) 1983;.

(3) For regulation 3(1) (application), substitute—

(1) The Regulations shall apply to explosives and other dangerous goods within the meaning of—

(a)the Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972 and to any regulations, orders or other instruments of a legislative character made or having effect under those provisions; or

(b)the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006..

The Quarries (Explosives) Regulations (Northern Ireland) 2006

37.  For the definition of “explosives store” in regulation 2 of the Quarries (Explosives) Regulations (Northern Ireland) 2006(37) (interpretation), substitute—

“explosives store” means a building, enclosed area or metal structure where explosives are stored under a licence granted or registration issued under the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006;.

(4)

1929 c. 13, to which there are amendments not relevant to these Regulations.

(5)

1946 c. 49 (9 & 10 Geo. 6.).

(6)

1968 c. 25, to which there are amendments not relevant to these Regulations.

(7)

1970 c. 10, to which there are amendments not relevant to these Regulations.

(8)

S.I. 1973/2163, to which there are amendments not relevant to these Regulations.

(11)

1990 c. 43. Section 30 of the Control of Pollution Act 1974 is prospectively repealed by Schedule 16 of the Environmental Protection Act 1990.

(13)

S.R. 1979/195, to which there are amendments not relevant to these Regulations.

(16)

S.I. 1997/2778 (N.I. 19), to which there are amendments not relevant to these Regulations.

(17)

S.R. & O. 1906/679.

(18)

S.R. & O. 1937/54, amended by S.R & O. (N.I.) 1947 No. 128 and S.R. 1979 No. 290.

(20)

S.R. & O. (N.I.) 1970 No. 110, to which there are amendments not relevant to these Regulations.

(21)

S.R. 1981 No. 340.

(22)

S.R. 1991 No. 509.

(23)

S.R. 1991 No. 516, to which there are amendments not relevant to these Regulations.

(24)

S.R. 1993 No. 275.

(25)

S.R. 1993 No. 488.

(26)

S.I. 1995/204, to which there are amendments not relevant to these Regulations.

(27)

S.R. 1995 No. 87.

(28)

S.R. 1997 No. 455.

(29)

S.R. 1999 No. 90.

(30)

S.R. 1999 No. 496 to which there are amendments not relevant to these Regulations.

(31)

S.R. 2000 No. 389.

(32)

S.R. 2000 No. 1646, to which there are amendments not relevant to these Regulations.

(33)

S.R. 2002 No. 147.

(34)

S.R. 2002 No. 301.

(35)

S.R. 2005 No. 27.

(36)

S.R. 2006 No. 182.

(37)

S.R. 2006 No. 204.

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