SCHEDULE 1MEANING OF LICENSING AUTHORITY

Regulation 2(1)

1

Subject to regulation 27(9) and (11) and paragraphs 2 and 3, “licensing authority” means —

a

in relation to an application for registration, or 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 any of the explosives are of a type not listed in Schedule 1 to the Control of Explosives Regulations 199135;

ii

the local authority for the area in which the storage is to take place where all the explosives are of a type listed in Schedule 1 to the Control of Explosives Regulations 1991; or

iii

the Executive where the explosives are to be stored at a mine or within a harbour;

b

where the application for a licence relates to the manufacture of any ammonium nitrate blasting intermediate, the Executive;

c

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

2

In any case falling within paragraph 1(a)(i) or (ii), the applicant may apply instead to the Executive for a licence, in which case the Executive shall be the licensing authority in place of the chief officer of police or local authority.

3

Where a person wishes to manufacture and store explosives at the same site, the Executive shall 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(c) includes any such application.