The Manufacture and Storage of Explosives Regulations 2005

Regulation 2(1)

SCHEDULE 1MEANING OF LICENSING AUTHORITY

This schedule has no associated Explanatory Memorandum

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 1991(1);

(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.