The Marking of Plastic Explosives for Detection Regulations 1996

Interpretation

2.—(1) In these Regulations,

“authorised military device” means an explosive article, including, but not limited to, a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade or perforator, which, in any case, is manufactured solely for lawful military or police purposes;

“the Convention” means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1st March 1991;

“detection agent” means a substance named in column 1 of the Table in Part II of the Schedule to these Regulations;

“the Executive” means the Health and Safety Executive;

“explosive” shall be construed in accordance with Part I of the Schedule to these Regulations;

“explosive article” and “explosive substance” have the meanings respectively assigned to them by regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983(1);

“manufacture” means any process, including reprocessing, that is for the purpose of producing explosives and related expressions shall be construed accordingly;

“marked” shall be construed in accordance with paragraph (2) of this regulation and related expressions shall be construed accordingly;

“State Party to the Convention” means any state which has deposited in accordance with Article XIII of the Convention an instrument of ratification, acceptance, approval or accession to the Convention with the International Civil Aviation Organisation, or any other body from time to time designated the Depository under the Convention, and in respect of which a denunciation under Article XV of the Convention has not taken effect.

(2) For the purposes of these Regulations, an explosive is marked if it, or a sample of the explosive, contains a detection agent of at least the concentration specified in the corresponding entry for that detection agent in column 2 of the Table in Part II of the Schedule to these Regulations, whether that detection agent is introduced during the process of manufacture of the explosive for the purpose of making the explosive detectable or as a result of the normal formulation of that explosive.

(1)

S.I. 1983/1140.