The Manufacture and Storage of Explosives Regulations 2005

Regulation 22

SCHEDULE 4 REGISTERS

1.  The licensing authority shall maintain a register (“the register”) containing the information listed in paragraph 2 which relates to licences and registrations granted or made by it.

2.  The following information shall be included in the register —

(a) the name of the licensee or, as the case may be, the person registered under regulation 11;

(b) his permanent address, unless his home address is his only permanent address;

(c) the address of the site where the explosives are manufactured or stored (where that differs from any address included pursuant to sub-paragraph (b));

(d) the hazard type and maximum amount of explosive which may be stored at any one time;

(e) the nature of the business of the licensee or the person registered under regulation 11 and the intended use of the explosives;

(f) the kind of explosives manufactured or stored;

(g) a plan in a suitable scale sufficient to show the separation distances required by regulation 5 or a condition of the licence to be maintained around the store or the building where explosives are manufactured;

(h) a map in a suitable scale sufficient to show the location of any stores; and

(i) the kind of store concerned, including the material out of which it is constructed.

3.  Subject to paragraph 7, where the licence or registration relates to explosives which do not require an explosives certificate under the Control of Explosives Regulations 1991(1), the licensing authority shall —

(a) ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence or registration is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, by members of the public; and

(b) provide a copy of the entry in the register relating to the information referred to in paragraph 2(a) to (d) in respect of that licence or registration to a member of the public who requests a copy and pays a charge which shall not exceed the reasonable cost of providing the copy.

4.  Subject to paragraph 7, where the licence or registration relates to explosives which require an explosives certificate under the Control of Explosives Regulations 1991, the licensing authority shall —

(a) ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence or registration is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, only by a person who resides or, in the case of an undertaking, is situated within a public consultation zone concerned in relation to the licence or registration; and

(b) provide a copy of the entry in the register relating to the information referred to in sub-paragraph 2(a) to (d) in respect of that licence or registration only to such a person as is referred to in sub-paragraph (a) who requests a copy and pays a charge which shall not exceed the reasonable cost of providing the copy.

5.  The register may be kept in any form, including electronically.

6.  The licensee or the person registered under regulation 11 in relation to any site in which explosives are manufactured or stored, shall, where requested in writing to do so by the owner or, if not the same person, the occupier, of any premises falling within any separation distance applying in relation to that site, provide to the requesting person within twenty-eight days of the request a scale plan of the area of land falling within that separation distance.

7.  The requirements of paragraphs 3 and 4 shall not apply where the information referred to in paragraph 2 is in respect of any site to which a licence or registration relates which is used only for the storage of —

(a) less than 500 kilograms of hazard type 1 explosive or hazard type 2 explosive;

(b) less than 2 tonnes of hazard type 3 explosive or hazard type 4 explosive; or

(c) any explosives for a period of less than four weeks.

8.  Where the licensing authority is a local authority, that licensing authority shall notify the Executive in writing, within twenty-eight days of receipt of a written request by the Executive to do so, as to such information as is contained in the register it maintains relating to the information referred to in paragraph 2 as the Executive may require.

9.  Nothing in this Schedule shall prevent a licensing authority from disclosing any of the information included in the register it maintains to a local planning authority or a joint planning board for the purposes of the exercise of their respective functions.

10.  For the purposes of paragraph 9, “local planning authority” and “joint planning board” have the meanings they are given in, respectively, sections 1 and 2 of the Town and Country Planning Act 1990(2).

(1)

S.I. 19911531, to which there are amendments not relevant to these Regulations.

(2)

1990 c. 8. Section 1 is amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 21, paragraph 28, the Local Government Wales Act 1994 (c. 19) sections 18(2) – (6), 66(8) and Schedule 18 and the Environment Act 1995 (c. 25), sections 78 and 120(3) and Schedule 10, paragraph 32(1) and Schedule 24. Section 2 is amended by the Local Government (Wales) Act 1994, sections 19(1), (4) and 66(8) and Schedule 18 and the Environment Act 1995, sections 78, 120(1) and (3) and Schedule 10, paragraph 32(2) and Schedule 22, paragraph 42, and Schedule 24.