The Control of Explosives Regulations 1991

Application

3.—(1) These Regulations shall apply to all explosives except that regulations 7, 8, 9, 12 and 13 shall not apply to the explosives listed in Schedule 1.

(2) Regulations 7 to 9 shall not apply to smokeless powder or to ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1988(1).

(3) Regulations 7 and 10 shall not apply to the acquisition or keeping of explosives by or on behalf of–

(a) a person exercising a power of seizure under section 74 of the Explosives Act 1875(2);

(b) a constable acting in the execution of his duties;

(c) a person employed as mentioned in section 10 of the Police Act 1964(3) (civilian employees) or in section 9 of the Police (Scotland) Act 1967(4) (employees other than constables) who, in either case, is duly authorised in writing by the chief officer of police for the relevant police area; or

(d) a customs officer acting in the performance of his functions.

(4) Regulations 7 and 10 shall not apply to–

(a) the Crown, in respect of any explosive which–

(i) is in premises occupied on behalf of the Crown for, or

(ii) is intended for use for,

naval, military or air force purposes or the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs;

(b) the service authorities of visiting forces within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(5) or any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(6);

(c) a police force;

(d) the Executive.

(5) Regulation 9 shall not apply to the employment of or the acquisition, keeping, handling or control of any explosive or any restricted substance in the course of their duties by members of Her Majesty’s forces.

(6) These Regulations shall not apply to any explosive nuclear device.

(1)

1968 c. 27, 1982 c. 31, 1988 c. 45.

(2)

1875 c. 17; section 74 was modified by S.I. 1974/1885.

(3)

1964 c. 48; section 10 was repealed in part by the Superannuation Act 1972 (c. 11), section 29(4), and by the Local Government Act 1972 (c. 70), section 272(1).

(4)

1967 c. 77.

(5)

1952 c. 67.

(6)

1964 c. 5.