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Statutory Instruments

2014 No. 1638

Health And Safety

The Explosives Regulations 2014

Made

23rd June 2014

Laid before Parliament

1st July 2014

Coming into force in accordance with regulation 1

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the placing on the market, transfer and safety of explosives for civil use.

It appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes —

(a)in part, regulation 8 and paragraph 15 of Schedule 11,

(b)regulations 39 to 42 and Schedules 9, 10 and 12, and

(c)to the extent that they relate to the provisions in (a) and (b) above, regulations 2(1), 3(4)(b) and (14) and (17) and 43 to 45,

under section 2(2) of that Act.

The Secretary of State makes the other provisions of these Regulations —

(a)in exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (4), (5), (6)(b) and (9), 18(2)(za) and (a), 43(2), (4), (5) and (6), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2), (3) and (4), 2, 3, 4, 5, 6(1), 7, 12, 15(1), 16, 18 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(3) (“the 1974 Act”); and

(b)apart from the modifications referred to in the next paragraph, for the purpose of giving effect without modifications to proposals submitted —

(i)by the Health and Safety Executive under section 11(3)(4) of the 1974 Act after carrying out consultations in accordance with section 50(3) of the 1974 Act(5); and

(ii)by the Office for Nuclear Regulation under section 81(1)(a)(iv) of the Energy Act 2013(6) after carrying out consultations in accordance with section 81(3) of that Act.

It appears to the Secretary of State that—

(a)the modifications to the Acts referred to in paragraphs 2 to 8 of Part 1 of Schedule 13;

(b)the modifications to the instruments referred to in paragraphs 11, 12, 14, 16, 18, 20, 21, 24 and 30 of Part 2 of that Schedule; and

(c)the repeals in relation to the Acts marked with an asterisk in Part 1 of Schedule 14,

are expedient as set out in section 80(1) of the 1974 Act.

It also appears to the Secretary of State not to be appropriate to consult bodies in respect of those modifications and repeals in accordance with section 80(4) of the 1974 Act.

PART 1INTRODUCTION

Citation and commencement

1.—(1) These Regulations may be cited as the Explosives Regulations 2014 and, save as provided in paragraph (2), come into force on 1st October 2014.

(2) Regulations 33(7) and 36, and regulations 43 and 44 and Schedule 11 to the extent that those provisions relate to regulations 33(7) and 36, come into force on 5th April 2015.

Interpretation

2.—(1) In these Regulations —

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005(7);

“ammonium nitrate blasting intermediate” means a substance assigned in accordance with the United Nations Recommendations the U.N. no. 3375;

“authorised defence site” has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998(8);

“black powder” means an intimate mixture, with or without sulphur, of charcoal or other carbon with potassium nitrate or sodium nitrate, whether the mixture is in meal, granular, compressed or pelletised form, being an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0027 or 0028;

“the CE marking” means the mark referred to in regulation 42(3);

“centre point”, in relation to a store or a building, means the centre point of the store or building determined as far as is reasonably possible;

“chief officer of police”

(a)

in relation to England and Wales, has the same meaning as in section 101(1) of the Police Act 1996(9); and

(b)

in relation to Scotland, means the person appointed to the office of chief constable under section 7(1)(a) of the Police and Fire Reform (Scotland) Act 2012(10); and

in relation to an area, means the chief officer of police for that area;

“civil explosive” means an explosive which has been or would be classified in accordance with the United Nations Recommendations as falling within Class 1 but it does not include —

(a)

ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997(11);

(b)

any explosive which it is shown is intended for lawful use by the armed forces or the police of any country;

(c)

a pyrotechnic article; and

(d)

an explosive which is used immediately at the place of manufacture;

“the Civil Uses Directive” means Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses(12) as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29th September 2003(13), Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11th March 2009(14) and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012(15);

“Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations;

the Commission” means the Commission of the European Union;

“desensitised explosive” means —

(a)

a solid explosive substance which has been wetted with water or alcohol or diluted with one or more other substances; or

(b)

a liquid explosive substance which has been dissolved or suspended in water or one or more other substances,

to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;

“disposes”, in relation to explosives and explosive-contaminated items, means destroying the explosives or explosive-contaminated items or otherwise rendering them harmless;

“distributor” means a person in the supply chain, other than a manufacturer or an importer, who makes an explosive available on the market and “distributes” and “distribution” are to be construed accordingly;

the Executive” means the Health and Safety Executive(16);

“explosive” means —

(a)

any explosive article or explosive substance which would —

(i)

if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; or

(ii)

be classified in accordance with the United Nations Recommendations as —

(aa)

being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and

(bb)

falling within Class 1; or

(b)

a desensitised explosive,

but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;

“explosive article” means an article containing one or more explosive substances;

“explosives certificate” has the meaning given in regulation 4(1);

“explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is —

(a)

capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or

(b)

designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;

“firearm” has the meaning given in section 57(1) of the Firearms Act 1968(17);

“fireworks” means the explosive articles assigned in accordance with the United Nations Recommendations any of the U.N. nos. 0333 to 0337;

“GB nuclear site” has the meaning given in section 68 of the Energy Act 2013(18);

“harmonised standard” means a text setting out technical specifications adopted by the European Committee for Standardisation (CEN) under a mandate from the Commission in accordance with Directive 98/34 of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations(19), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20th July 1998(20), Council Directive 2006/96/EC of 20th November 2006(21) and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012(22), and of which the reference number is published in the Official Journal of the European Communities;

“harbour” means a harbour which is within the jurisdiction of a harbour authority and includes—

(a)

the areas of water within the jurisdiction of that harbour authority; and

(b)

land within the jurisdiction of, or occupied by, the harbour authority and used in connection with the loading and unloading of ships,

but does not include the areas of water which are within the jurisdiction not only of the harbour authority but also of another harbour authority and which are used primarily by ships using berths within the harbour of that other harbour authority;

“harbour authority” has the meaning given in section 57 of the Harbours Act 1964(23);

“hazard type” means any of hazard type 1 explosive, hazard type 2 explosive, hazard type 3 explosive or hazard type 4 explosive;

“hazard type 1 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a mass explosion hazard;

“hazard type 2 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a serious projectile hazard but does not have a mass explosion hazard;

“hazard type 3 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard and either a minor blast hazard or a minor projectile hazard, or both, but does not have a mass explosion hazard;

“hazard type 4 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard or slight explosion hazard, or both, with only local effect;

“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999(24);

“Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employee of the department of the Secretary of State having responsibility for defence attached to those forces;

“holder” in relation to an explosives certificate means the person named in the explosives certificate as a person fit to acquire, or to acquire and keep, explosives;

“licence”, save in the definition of “prohibited person”, means a licence for the manufacture or storage of explosives granted under regulation 13 and includes a varied licence;

“licensee” means a person who has been granted a licence under regulation 13 and includes a person to whom a licence is transferred and a person treated under regulation 18 as being licensed;

“licensing authority” has the meaning assigned to it by Schedule 1;

“local authority”, apart from in paragraph 6(1)(c) of Schedule 11, means, in relation to —

(a)

the City of London, the Common Council for the City of London;

(b)

an area in the rest of London, the London borough council for that area;

(c)

an area where there is a metropolitan county fire and rescue authority, that authority;

(d)

the Isles of Scilly, the Council of the Isles of Scilly;

(e)

an area in the rest of England, the county council for that area or where there is no county council for that area, the district council for that area;

(f)

an area in Scotland, the council for the local government area; and

(g)

an area in Wales, the county council or the county borough council for that area;

“manufacture” includes—

(a)

in relation to explosive articles, their repair, modification, disassembly or unmaking;

(b)

in relation to explosive substances, their reprocessing, modification or adaptation;

but it does not include the packing, unpacking, re-packing, labelling or testing of explosives or the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers;

“mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

“new nuclear build site” has the meaning given in regulation 2A of the Health and Safety (Enforcing Authority) Regulations 1998(25);

“the ONR” means the Office for Nuclear Regulation(26);

“ONR regulated site” has the meaning given in paragraph (11);

“percussion caps” means items intended for use in small arms ammunition or small arms assigned in accordance with the United Nations Recommendations the UN no. 0044 or 0378;

“police force”, for the purposes of regulations 3(9)(e) and (8)(b) and 27(3)(e), includes—

(a)

the police force known as the British Transport Police Force(27); and

(b)

the constabulary known as the Civil Nuclear Constabulary by virtue of section 52(1) of the Energy Act 2004(28);

“preparation” means a mixture of two or more substances or a solution of any substance or substances;

“prohibited person” means a person, other than a person in respect of whom an order has been made under regulation 22(4), who—

(a)

has been convicted of any offence under the Explosive Substances Act 1883(29), or

(b)

has been sentenced to a sentence which is excluded from rehabilitation under the Rehabilitation of Offenders Act 1974(30) by virtue of section 5(1) and (1A) of that Act; or

(c)

has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974(31), for a term exceeding 30 months, but not exceeding 48 months, and less than the period of 7 years has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 42 months from that day for those under the age of 18 at the time of conviction; or

(d)

has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term exceeding 6 months, but not exceeding 30 months, and less than the period of 48 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 24 months from that day for those under the age of 18 at the time of conviction; or

(e)

has been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term not exceeding 6 months and less than the period of 24 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 18 months from that day for those under the age of 18 at the time of conviction; or

(f)

has been sentenced to a sentence of service detention, within the meaning of section 5(8) of the Rehabilitation of Offenders Act 1974(32), for a recordable service offence and less than the period of 12 months has elapsed, beginning with the day on which the sentence is completed, or less than 6 months from that day for those under the age of 18 at the time of conviction, and, for these purposes —

(i)

“conviction” includes a finding or a substituted finding that is treated as a conviction by virtue of section 376 of the Armed Forces Act 2006(33); and

(ii)

“recordable service offence” has the meaning given by article 2(1) of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009(34) and paragraph 4 of Schedule 2 to that Order;

“propellant” means a deflagrating explosive used as a propellant in firearms;

“public consultation zone” means the area around the store or proposed store, or the building where the manufacture of explosives takes place or is proposed to take place, which, from the centre point of the store or building, has a radius equivalent to double the greatest separation distance required by virtue of these Regulations to apply in the case of that store or building;

“pyrotechnic article” means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;

“pyrotechnic substance” means an explosive substance of a kind designed to produce an effect by heat, light, sound, gas or smoke, or a combination of any of these, as a result of non-detonative, self-sustaining, exothermic chemical reactions;

“recipient competent authority document” has the meaning in regulation 8(9);

“relevant explosive” means an explosive for which an explosives certificate is required under regulation 5 for acquiring or keeping that explosive, or would be so required were it not for regulation 3(7), and, in relation to regulations 35 and 37 and paragraph 4 of Schedule 4 it also includes—

(a)

ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997(35); and

(b)

smokeless powder,

even though, and to the extent that (in the case of smokeless powder), an explosives certificate is not required for their acquisition or keeping;

“relevant police force” means in the case of an explosives certificate—

(a)

which will certify that the holder is a fit person to keep explosives, the police force for the police area in which the place of keeping is or is to be situated,

(b)

which will certify only that the holder is a fit person to acquire explosives, the police force for the police area in which the applicant for a certificate resides or, in the case of a body corporate, in which the applicant has its registered office, or, if it has no registered office, its principal office,

(c)

which has been issued, the police force stated in the certificate;

“renewal of a licence” means the granting of a licence to follow a previous licence without any amendment or gap in time;

“restricted substance” means any collection of substances which would if mixed form one or more explosive substances and which has been prepared for that purpose;

“separation distance” means the distance between the store or the building or other place in or at which explosives are, or are to be, manufactured and a building, or other place in or at which people are or are likely to be present either all the time or from time to time;

“ship” includes every description of vessel used in navigation;

“shooters’ powder” means —

(a)

black powder,

(b)

smokeless powder which is manufactured for use in small arms, or

(c)

any other substance or preparation based on potassium nitrate or nitro cellulose, whether in powder, pelletised or granular form, used, or to be used, as a propellant;

“site” means the whole area under the control of the same person and, for these purposes —

(a)

all places adjoining each other under the control of the same person are to be treated as a whole area; and

(b)

two or more areas under the control of the same person separated only by a road, railway or inland waterway are to be treated as a whole area;

“small arms” means any of—

(c)

a firearm with a calibre not larger than 19.1 millimetres designed to fire ammunition consisting of a propelling charge and an inert projectile;

(d)

a shotgun as defined by section 1(3) of the Firearms Act 1968(36); or

(e)

a firearm intended to fire blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge;

“small arms ammunition” means the explosive articles assigned in accordance with the United Nations Recommendations the U.N. no. 0012, 0014 or 0055 which are intended exclusively for use in small arms;

“smokeless powder” means an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0509 or 0161 and which is intended exclusively for use in firearms;

“store” means a building, enclosed area or metal structure in which explosives are, or are to be, stored;

“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;

“transfer”, in relation to explosives, means —

(a)

in regulations 3(14) and 8, any physical movement of explosives apart from movement within one site and whether or not transferring possession of or property in the explosives is involved; and

(b)

for all other provisions, transferring possession of or property in the explosives, save that, in relation to regulation 38(2) it is limited to a transfer of possession;

“U.N. no.” means United Nations Serial Number, that is to say one of the four-digit numbers devised by the United Nations as a means of identification of types of explosives in accordance with the United Nations Recommendations;

“United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26 April 1957))(37) as revised or reissued from time to time;

“visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952(38);

“water-based”, in relation to explosives, means explosives which are based on water and ammonium nitrate and assigned in accordance with the United Nations Recommendations the U.N. no. 0241; and

“wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006(39).

(2) For the purposes of these Regulations, the manufacture or storage of ammonium nitrate blasting intermediate is deemed to be the manufacture or storage of an explosive.

(3) For the purposes of measuring any distance required to be a separation distance by virtue of these Regulations, the distance to be measured is the horizontal distance between the outside edge of the store or the building or other place in or at in which the explosives are, or are to be, manufactured and the nearest point of the building or other place which the separation distance applies to.

(4) Any reference in these Regulations to the quantity of an explosive is to be construed as a reference to the net mass of explosive substance.

(5) For the purposes of these Regulations and subject to paragraph (6), “storage” in relation to explosives means their possession for any period after their manufacture, save for—

(a)any period during which they are being prepared at any place for use at that place; and

(b)any period during which they are being transported beyond the place where they are stored.

(6) Subject to paragraph (7), where, during any transport of any explosive beyond the place where it is stored, that explosive is, or is to be, kept at any place for more than twenty-four hours, that keeping is to be treated as storage within the meaning of these Regulations and the provisions of these Regulations apply to that keeping accordingly, notwithstanding any application of the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(40) to that transporting.

(7) Paragraph (6) does not apply to explosives in respect of which there is in existence an explosives licence granted under regulation 36(1) of the Dangerous Substances in Harbour Areas Regulations 1987)(41).

(8) The performance of any function given to the chief officer of police under these Regulations may be delegated by the chief officer of police (“chief officer”), to such an extent and subject to such conditions as the chief officer may specify—

(a)to a member of the police force in respect of which the chief officer is the chief officer of police;

(b)to a person appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011(42) (civilian staff); or

(c)to a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012(43) (police staff),

and any such delegation must be made in writing by that chief officer.

(9) Any reference in the definitions in this regulation of “desensitised explosive”, “explosive substance”, “pyrotechnic article”, “pyrotechnic substance” or “substance” to liquid, gas, gaseous form or vapour, means, respectively, liquid, gas, gaseous form or vapour at normal atmospheric temperature and pressure.

(10) Any reference to acquiring an explosive means acquiring possession of or property in the explosive.

(11) For the purposes of these Regulations, a site is an ONR regulated site if it or any part of it is—

(a)a GB nuclear site;

(b)an authorised defence site; or

(c)a new nuclear build site.

Application and extent

3.—(1) Except as provided by paragraphs (2) and (3), these Regulations extend to England and Wales and Scotland.

(2) In Schedule 13—

(a)the amendments made by paragraphs 16, 20 and 30 extend to Scotland only; and

(b)the amendments made by paragraphs 11 and 14 extend to England and Wales only.

(3) Regulation 29 extends to Northern Ireland(44) in so far it applies to the importation of pyrotechnic articles and substances.

(4) These Regulations apply—

(a)within Great Britain subject to paragraphs (5) to (16); and

(b)outside Great Britain as specified in paragraphs (17) and (18).

(5) In Schedule 13—

(a)the amendments made by paragraph 14(2) and (4) apply in relation to England only; and

(b)the amendments made by paragraph 14(3) and (5) of that Schedule apply in relation to Wales only.

(6) Regulations 4, 5, 11, 19, 21, 22, 31, 32, 35 and 37 do not apply to any explosive nuclear device.

(7) Regulation 5 does not apply to the acquisition or keeping of explosives by or on behalf of—

(a)any officer referred to in section 74 of the Explosives Act 1875(45) exercising the power of seizure under that section;

(b)constables acting in the execution of their duties;

(c)a person—

(i)appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011(civilian staff); or

(ii)appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff),

who, in either case, is duly authorised in writing by the chief officer of police for the relevant police area;

(d)customs officers acting in the performance of their functions;

(e)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;

(f)the service authorities of visiting forces or any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(46);

(g)a police force;

(h)the Executive; or

(i)the ONR.

(8) Regulations 6, 7, 9, 10, 12 to 18, 20, 23 and 26 to 30 do not apply to—

(a)any activity to which Part IX of the Dangerous Substances in Harbour Areas Regulations 1987(47) (explosives) applies;

(b)any activity to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(48) apply, apart from any activity which is to be treated as storage by virtue of regulation 2(6);

(c)the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which are carried out solely by the crew under the direction of the master and in this sub-paragraph the reference to the normal shipboard activities of a ship’s crew includes —

(i)the construction, reconstruction or conversion of a ship outside, but not inside, Great Britain; and

(ii)the repair of a ship save repair when carried out in dry dock;

(d)the transport of explosives by air;

(e)an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995(49);

(f)the storage of explosives below ground at a mine, where the explosives are for use at that mine for the getting of minerals or ensuring the safety of the mine.

(9) Regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 27 do not apply to the manufacture or storage of explosives, at any site under the control of the Secretary of State having responsibility for defence, or held for the purposes of a visiting force or headquarters, under a scheme approved by that Secretary of State which—

(a)provides for their safe manufacture and storage; and

(b)prescribes —

(i)separation distances, or

(ii)a combination of separation distances and other safety measures, which are designed to ensure a standard of safety which is equivalent to that ensured by the separation distances prescribed by regulation 27 and Schedule 5.

(10) Regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 29 do not apply to explosives—

(a)seized by constables acting in the execution of their duties,

(b)received by a police force from a member of the public; or

(c)which, for reasons of public safety or protection of property, are undergoing ordnance disposal by—

(i)persons under the direction of a member of Her Majesty’s Forces or civilian employees of the department of the Secretary of State having responsibility for defence authorised in writing by that Secretary of State to carry out ordnance disposal; or

(ii)persons under the direction of a constable or authorised in writing by the chief officer of police to carry out ordnance disposal.

(11) Regulation 7 does not apply to—

(a)the Executive;

(b)the ONR;

(c)a local authority;

(d)the Commissioners for Her Majesty’s Revenue and Customs;

(e)a police force;

(f)a person appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011(50) (civilian staff) who is duly authorised in writing by the chief officer of police to store explosives; and

(g)a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012(51) (police staff) who is duly authorised in writing by the chief officer of police to store explosives.

(12) Regulations 7, 12 to 14, 16 to 18, 20, 23, 27, 29 and 30 do not apply to explosives seized by an inspector appointed under section 19 of the 1974 Act in the performance of the inspector’s functions.

(13) Regulations 7 and 30 do not apply to—

(a)constables in the execution of their duties;

(b)customs officers in the performance of their functions; or

(c)inspectors appointed under section 19 of the 1974 Act in the performance of their functions.

(14) Regulations 8 and 39 to 42 do not apply in respect of the transfer of civil explosives to, by or on behalf of, or where, following the transfer, the explosives are in the possession of—

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

(b)constables acting in the execution of their duties;

(c)a person appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff) who is duly authorised in writing by the chief officer of police in respect of such transfer or possession;

(d)a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff) who is duly authorised in writing by the chief officer of police in respect of such transfer or possession;

(e)customs officers acting in the performance of their functions;

(f)the Crown in respect of any civil explosives which are intended for use for 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;

(g)inspectors appointed under section 19 of the 1974 Act exercising their power to take possession of and detain articles or substances under section 20(2)(i) of that Act as modified by Schedule 12 to these Regulations;

(h)the Executive; or

(i)the ONR.

(15) Regulations 33, 34 and 36 do not apply to—

(a)an explosive which is transported and delivered without packaging or in a mobile explosives manufacturing unit for its direct unloading into the blast-hole;

(b)fuses, which are cord-like non-detonating igniting devices;

(c)safety fuses, which consist of a core of fine grained black powder surrounded by a flexible woven fabric with one or more protective outer coverings and which, when ignited, burn at a predetermined rate without any external explosive effect; or

(d)cap-type primers, which consist of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact and which serve as igniting elements in small arms cartridges or in percussion primers for propelling charges.

(16) In paragraph (15), “mobile explosives manufacturing unit” means a moveable unit, whether mounted on a vehicle or not, for manufacturing and charging explosives from dangerous goods that are not explosives, with the unit consisting of various tanks, bulk containers and related equipment.

(17) These Regulations apply outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013(52).

(18) Paragraph (17) does not apply to regulations 4, 5, 31 and 32.

PART 2AUTHORISATIONS

Authorisation to acquire or acquire and keep explosives

4.—(1) An explosives certificate is a certificate certifying that the person to whom it is issued is a fit person—

(a)to acquire explosives; or

(b)to acquire and keep explosives,

in accordance with the terms of the explosives certificate.

(2) An explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

5.—(1) Subject to paragraph (3), no person may acquire any explosives unless—

(a)that person has a valid explosives certificate certifying that person to be a fit person to acquire explosives;

(b)that person acquires no more explosives than any quantity referred to in the explosives certificate;

(c)where the explosives certificate specifies the description of explosives which that person is a fit person to acquire, that person acquires only explosives of that description; and

(d)where the explosives certificate specifies purposes for which that person is a fit person to acquire explosives, that person acquires them only for those purposes.

(2) Subject to paragraph (3), no person may keep explosives unless that person—

(a)has a valid explosives certificate certifying that person to be a fit person to keep explosives;

(b)keeps no more explosives than the quantity referred to in the explosives certificate;

(c)where the explosives certificate specifies the description of explosives which that person is a fit person to keep, keeps only explosives of that description; and

(d)keeps them at any place specified in the explosives certificate.

(3) Paragraphs (1) and (2) do not apply to —

(a)the explosives as referred to in Schedule 2;

(b)pyrotechnic articles apart from those as referred to in Schedule 3; or

(c)ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997(53).

(4) For the purposes of this regulation, where a person acts as an agent to acquire a relevant explosive for another person, the agent is to be treated as if the agent, as well as that other person, had acquired the relevant explosive and the provisions of paragraph (1) accordingly apply to the agent as well as to that other person.

Authorisation to manufacture explosives

6.—(1) Subject to paragraph (2), no person may manufacture explosives unless that person holds a licence for that manufacture and complies with the conditions of that licence.

(2) Paragraph (1) does not apply to—

(a)the manufacture of explosives for the purpose of laboratory analysis, testing, demonstration or experimentation (but not for practical use or supply) where the total quantity of explosives being manufactured at any time does not exceed 100 grams, but nothing in this sub-paragraph is to be taken as authorising any acquisition or keeping of explosives for which an explosives certificate is required by virtue of regulation 5, without such a certificate;

(b)the making or unmaking of small arms ammunition, or ammunition with inert projectiles intended for use in recreational or occupational firearms, or the preparation of cartridges for use with firearms which are to be used at historical re-enactment events, where the total quantity of primer and propellant used at any one time does not exceed 2 kilograms and, for these purposes, the quantity of propellant used includes propellant removed from cartridges;

(c)the preparation of shot firing charges in connection with their use;

(d)the preparation, assembly, disassembly and fusing of firework displays at the place of intended use;

(e)the preparation, assembly and fusing of fireworks, in quantities of no more than 10 kilograms at a time, at a site in relation to which a person holds a licence for the storage of explosives, for the purposes of a firework display to be put on by that person;

(f)the preparation, assembly and fusing of explosives commissioned for use in theatrical, television or cinematic special effects;

(g)the reprocessing of an explosive to form a pharmaceutical product which is not in itself an explosive substance;

(h)the mixing for immediate use of—

(i)ammonium nitrate with fuel oil; or

(ii)ammonium nitrate blasting intermediate with another substance,

at a mine or quarry to produce an explosive which is not cap-sensitive;

(i)the use of desensitised explosives in the manufacture of products which are not in themselves explosives; or

(j)the manufacture of explosives by a company which is a wholly-owned subsidiary of another company at a site in relation to which that other company holds a licence to manufacture explosives and that manufacture by the wholly-owned subsidiary is in accordance with the conditions of that licence.

(3) Where any of the activities in paragraph (2) for which a licence is not required are to take place at a site in relation to which a person holds a licence, the activity may only be carried out there where to do so would not result in a breach of the conditions of that licence.

(4) In this regulation—

(a)“cap-sensitive” means an explosive which gives a positive result when tested in accordance with the Series 5(a) test of the Manual of Tests and Criteria, fifth revised edition(54), supporting the United Nations Recommendations;

(b)“quarry” has the meaning given in regulation 3 of the Quarries Regulations 1999(55);

(c)“recreational or occupational firearms” means hand-held firearms intended for the shooting of—

(i)wild game, vermin or, in the course of carrying on activities in connection with the management of an estate, wildlife; or

(ii)prepared inanimate objects;

(d)“shot firing charges” means charges used in shot firing operations; and

(e)“supply” means making available with a view to distribution or use, whether by the person making it available to another and whether for reward or free of charge.

Authorisation to store explosives

7.—(1) Subject to paragraph (2), no person may store explosives unless that person holds a licence for their storage and complies with the conditions of that licence.

(2) Paragraph (1) does not apply to—

(a)the storage of one or more of the following—

(i)no more than 10 kilograms of shooters’ powder;

(ii)no more than 5 kilograms of—

(aa)shooters’ powder; or

(bb)any hazard type 3 or 4 explosive, or desensitised explosive, which is not a relevant explosive, or a combination of hazard type 3 or 4 explosives, or desensitised explosives, which are not relevant explosives; or

(cc)a combination of shooters’ powder and any hazard type 3 or 4 explosives, or desensitised explosives, which are not relevant explosives;

(iii)no more than 15 kilograms of percussion caps or small arms ammunition or a mixture of them;

(b)the storage of no more than 7 kilograms of—

(i)hazard type 1 or 2 explosives, or

(ii)a combination of hazard type 1 or 2 explosives with explosives of another hazard type,

for no longer than 24 hours;

(c)the storage of hazard type 3 or 4 explosives for no longer than 24 hours;

(d)the storage of no more than 100 kilograms of—

(i)hazard type 3 explosives consisting of fireworks;

(ii)shooters’ powder; or

(iii)a combination of shooters’ powder and hazard type 3 and 4 explosives consisting of fireworks,

provided that the explosives are stored for no longer than is necessary and in any event no more than 5 consecutive days in their place of intended use;

(e)the storage of—

(i)no more than 250 kilograms of hazard type 4 explosives provided that the explosives are stored for no longer than is necessary and in any event no more than 5 consecutive days in their place of intended use; or

(ii)no more than 50 kilograms of hazard type 4 explosives consisting solely of fireworks provided that the fireworks are stored for no longer than 21 consecutive days and are not for sale or for use at work;

(f)the storage of desensitised explosives which have been assigned in accordance with the United Nations Recommendations the U.N. no. 2059, 2555, 2556 or 2557; or

(g)the storage of explosives by a company which is a wholly-owned subsidiary of another company at a site in relation to which that other company holds a licence to store explosives and that storage by the wholly-owned subsidiary is in accordance with any condition of that licence.

(3) For the purposes of paragraph (2)—

(a)no more than one of the exceptions listed in subparagraphs (a) to (g) of paragraph (2) may be relied on in relation to explosives stored at the same site at the same time, irrespective of the person who is storing them; and

(b)the quantities referred to in that paragraph are the maximum quantities of the explosives they respectively relate to which may be present at a site at any one time.

(4) Where any storage to which paragraph (2) applies for which a licence is not required is to take place at a site in relation to which a person holds a licence, that storage may only take place there where to do so would not result in a breach of the conditions of that licence.

Authorisation to transfer civil explosives

8.—(1) Before any civil explosives are transferred, the consignee must obtain from the competent authority for the place where the transfer will terminate, a recipient competent authority document which grants approval for the transfer.

(2) No person may consign any civil explosives for carriage to a place outside Great Britain unless the approval of the relevant authority has been obtained.

(3) No person may consign any civil explosives for carriage unless that person is satisfied that the consignee has the recipient competent authority document required by paragraph (1).

(4) No person may carry civil explosives unless the civil explosives are accompanied by the recipient competent authority document required by paragraph (1) or a copy of that document certified by or on behalf of the consignee to be a true copy thereof.

(5) For the purposes of this regulation, any transfer of civil explosives to a place outside the area of the EEA States(56) is treated as a transfer which will terminate at the place where the civil explosives are immediately before leaving the area of the EEA States.

(6) The consignee of any civil explosives must retain the recipient competent authority document or a copy thereof for a period of 3 years from the completion of the transfer.

(7) This regulation does not apply to the transfer of any component of small arms ammunition by a person for that person’s own sporting or other recreational use and not for sale, or to the transfer of such component following which the component is in the possession of a person for such purposes.

(8) Except as part of a transfer carried out in accordance with this regulation, the importation of civil explosives into the United Kingdom is prohibited.

(9) In this regulation—

(a)“competent authority” means—

(i)in respect of Great Britain, the Executive, and

(ii)in respect of Northern Ireland or a place in the territory of an EEA State other than the United Kingdom, the authority whose responsibilities are specified in Article 9 of the Civil Uses Directive;

(b)“recipient competent authority document” means a document issued in accordance with Article 9.3, 9.5, or 9.6 of the Civil Uses Directive by the competent authority of the EEA State in which the transfer will terminate; and

(c)“relevant authority” means—

(i)in respect of a transfer or part of a transfer which takes place within Great Britain, the Executive, and

(ii)in respect of a transfer or part of a transfer which takes place in Northern Ireland or a place in the territory of an EEA State other than the United Kingdom, the competent authority for each place where the transfer takes or is to take place.

Prohibition concerning the acquisition and supply of fireworks

9.—(1) No person may—

(a)acquire more than 50 kilograms of fireworks unless that person (“Person A”), or another person on behalf of Person A, holds a valid licence for the storage of those fireworks; or

(b)sell or otherwise transfer to any person (“Person B”) more than 50 kilograms of fireworks unless Person B shows to the person selling or otherwise transferring the fireworks a valid licence for the storage by Person B of those fireworks.

(2) This regulation does not apply to a person who is transporting fireworks on behalf of another person.

PART 3DEFENCES IN RELATION TO REGULATIONS 5 TO 7

Defence

10.—(1) In proceedings against a person for a contravention of regulation 5(2), it is a defence for that person to prove that the keeping of explosives in contravention of that provision was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

(2) In proceedings against a person for a contravention of regulation 6(1) which involves using a building or part of a building licensed for the manufacture of explosives, for another manufacturing process not specified in the licence, it is a defence for that person to prove that—

(a)that use was temporary;

(b)that other process of manufacture involved explosive of the same, or a lower, hazard type than the explosives which the conditions of the licence permit in, as the case may be, that building or part of a building;

(c)the maximum quantity of explosives in that building or part of a building at any one time permitted under the conditions of the licence was not exceeded; and

(d)that person informed—

(i)where that person’s licence was granted by the ONR, the ONR; or

(ii)otherwise, the Executive,

as soon as was reasonably practicable after the start of that use.

(3) In proceedings against a person for a contravention of regulation 7(1), it is a defence for that person to prove that the storage of explosives without a licence or in breach of a condition of a licence was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

(4) In proceedings against a person for a contravention of regulation 7(1) where it is alleged against that person that the storage concerned was for a period longer than a period (“the permitted period”) referred to in regulation 7(2)(b), (c), (d) or (e)(i) or (ii), it is for that person to prove that the storage concerned was for no longer than the permitted period.

PART 4APPLICATIONS FOR AND GRANT OF AUTHORISATIONS

Application for and issuing of an explosives certificate to acquire or acquire and keep any relevant explosive

11.—(1) Subject to paragraphs (4) to (6), an application for an explosives certificate must be made to the chief officer of police for the relevant police force.

(2) An application for an explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

(3) A chief officer of police must issue an explosives certificate to an applicant if satisfied that the applicant is a fit person to hold an explosives certificate in accordance with any terms of that certificate.

(4) This paragraph applies with respect to an explosives certificate which would, if granted, certify only that the holder is a fit person to acquire explosives and where the person who would be the holder is not resident in Great Britain or, in the case of a body corporate, does not have a registered office or any other office in Great Britain.

(5) Where paragraph (4) applies, the application for an explosives certificate may be made by a person resident in Great Britain who has knowledge of and control over any occasion when the person to whom the certificate would relate would acquire or use explosives.

(6) An application pursuant to paragraphs (4) and (5) must be made to the chief officer of police for the police area in which the person who makes the application resides or, in the case of a body corporate, has its registered office or, if it has no registered office, its principal office.

(7) The holder of an explosives certificate must inform the chief officer of police who issued it of any change in the holder’s address or, where the holder is a body corporate or partnership, of its proper address for the purposes of section 46(4) of the 1974 Act, either before or immediately after any such change occurs.

Applications for licences to manufacture or store explosives

12.  An application for a licence must be made to the licensing authority on a form approved for the time being for the purposes of this regulation by the Executive.

Grant of licences

13.—(1) A licence or a renewal of a licence may be granted—

(a)where the licensing authority is a local authority, for such period not exceeding five years as the licensing authority determines;

(b)where the licensing authority is the chief officer of police, the Executive or the ONR, for such period not exceeding five years as that licensing authority determines, save that, where the applicant for the licence or renewal of a licence has been granted an explosives certificate, the licence or renewal, as the case may be, may only be granted for any period not exceeding the due expiry date of that explosives certificate; or

(c)for any period or without a time limit in a case—

(i)to which paragraph (3) applies; or

(ii)to which paragraph (3) does not apply by virtue of paragraph (4)(d), (e), (f), or (g); or

(iii)where the application is for a licence, or a renewal of a licence, relating only to the manufacture or storage of ammonium nitrate blasting intermediate.

(2) Subject to paragraph (3), the licensing authority must grant a licence or renewal of a licence unless any of the grounds for refusing to do so referred to in regulation 20 apply.

(3) Subject to paragraph (4), where the Executive or the ONR is the licensing authority in respect of an application for a licence the procedure set out in regulation 14 applies for obtaining the assent of—

(a)the local authority, or

(b)each local authority where the proposed site which is the subject of the application for a licence is situated partly within the area of one local authority and partly within the area of another,

and the Executive or the ONR, as the case may be, must refuse to grant the licence unless the local authority, or each local authority, as the case may be, has so assented.

(4) Paragraph (3) does not apply—

(a)where—

(i)the application is for a licence to store no more than 2000 kilograms to which paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1) applies; and

(ii)the applicant has not notified the relevant licensing authority that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with;

(b)to an application for a licence relating to the manufacture of explosives by means of on-site mixing;

(c)to an application for a licence relating to the manufacture or storage of ammonium nitrate blasting intermediate;

(d)to an application for a licence relating to the manufacture or storage of explosives by a person who wishes to carry on such manufacture or storage within a part of a site where another person already holds a licence for the manufacture or storage of explosives; and either —

(i)the application relates to manufacturing or storage activities which would be permitted at that part of the site under the existing licence; or

(ii)in the opinion of the relevant licensing authority or a local authority whose assent would otherwise be required, no significant new health and safety issues are raised by the application;

(e)to an application for a licence relating to the manufacture of explosives by a police force maintained pursuant to section 2 of the Police Act 1996(57) or sections 2 and 3 of the Police and Fire Reform (Scotland) Act 2012(58) for their operational purposes or the training of members of that police force in relation to those purposes;

(f)to an application for a licence for the manufacture or storage of explosives at a site which, immediately before any grant of that application, is one which the disapplication in regulation 3(9) applies to and, in the opinion of the relevant licensing authority, no significant new health and safety issues are raised by the application; or

(g)to an application for a licence to follow, without a gap in time, a licence in respect of which paragraph (3) did not apply by virtue of sub-paragraph (e) or (f) and, in the opinion of the relevant licensing authority, no significant new health and safety issues are raised by the application.

(5) Every licence must include conditions which specify—

(a)the site and, within it, the places where the explosives may be stored, or, in the case of a licence to manufacture explosives, where they may be manufactured;

(b)the hazard type, if any, the description and maximum amount of explosives which may be—

(i)stored or otherwise present, or

(ii)in the case of licence to manufacture explosives, manufactured,

at any one time at any place so specified.

(6) In addition to the matters specified in paragraph (5), a licence which is granted by the relevant licensing authority in cases where the assent of the local authority was required pursuant to paragraph (3) or in cases where that assent was not required by virtue of paragraph (4)(b), (c), (d), (e), (f) or (g)—

(a)must be granted subject to such conditions as the relevant licensing authority considers appropriate which relate to separation distances;

(b)may be granted subject to such conditions as the relevant licensing authority considers appropriate which relate to—

(i)the construction, siting or orientation of any building (including any protective works around the building) where the activity will be carried on;

(ii)the activities which may be undertaken in specified buildings, rooms within those buildings, other structures or other places within the site; and

(iii)the manufacture and storage of the ingredients of explosives or articles or substances which are liable to ignite spontaneously or are flammable or otherwise dangerous in ways which could initiate or aggravate a fire or explosion,

and in this sub-paragraph—

“activity” means the manufacture or storage of explosives and includes any handling, on-site transport, testing, use and disposal of explosives and “activities” is to be construed accordingly; and

“construction” means the materials used in, and the design of, a building; and

(c)may, where both the manufacture and storage of explosives at the same site was applied for, cover both that manufacture and storage for the purposes of, respectively, regulations 6 and 7.

(7) In addition to the matters specified in paragraphs (5) and (6), where a licensing authority grants a licence which relates to the storage of pyrotechnic articles at any site where those articles are to be offered for sale, the licensing authority may attach such conditions to the licence as it considers appropriate which relate to—

(a)the storage and display of those articles in areas where they can be purchased;

(b)the prevention of risk of fire arising in respect of those articles; and

(c)the safe use of fire escapes in that area.

(8) Every person who, in a case to which paragraph (3) applies or a case to which that paragraph does not apply by virtue of paragraph (4)(c), (d), (e), (f) or (g) is granted a licence to manufacture or store explosives must ensure that the relevant licensing authority and the local planning authority in whose area the manufacture or storage takes place is, within 28 days of the licence being—

(a)granted; or

(b)varied in a way which affects the separation distances required to be maintained,

given a plan of the site and its immediate surrounding area showing the separation distances required to be maintained pursuant to the licence or varied licence.

(9) A licence granted pursuant to this regulation must be in a form approved for the time being for the purposes of this regulation by the Executive.

(10) In this regulation—

(a)“local planning authority”, in relation to an area—

(i)in England and Wales has the same meaning as it has in Part I of the Town and Country Planning Act 1990(59) save that, where there is more than one local planning authority, it means the district planning authority for the district; and

(ii)in Scotland means the council for the local government area;

(b)“on-site mixing” means the mixing at any place of non-explosive substances or preparations to form an explosive for immediate use at that place; and

(c)“relevant licensing authority” means the Executive or the ONR (as the case may be).

Local authority assent procedure in relation to licence applications

14.—(1) Where this regulation applies by virtue of regulation 13(3), the relevant licensing authority must, subject to regulation 20, issue the applicant with a draft licence containing the conditions which that licensing authority proposes to attach to the licence.

(2) The applicant must as soon as reasonably practicable send a copy of the application and draft licence to the local authority in whose area the manufacture or storage is proposed to take place.

(3) Within 28 days of sending to the local authority the information specified in paragraph (2), the applicant must—

(a)cause to be published in a newspaper circulating in the locality where the manufacture or storage of explosives is proposed to take place a notice which must—

(i)give details of the application;

(ii)invite representations on matters affecting the health and safety of persons other than the applicant’s employees to be made in writing to the local authority within 28 days of the date that the notice is first published; and

(iii)give an address within the area of the local authority at which a copy of the application and draft licence may be inspected and the address of the local authority to which any representations must be sent; and

(b)take other reasonable steps to give that information to every person who resides or carries on a business or other undertaking within the public consultation zone.

(4) The local authority must send a copy of any representations referred to in paragraph (3)(a)(ii) to the applicant as soon as reasonably practicable after receiving them.

(5) In considering whether to assent, the local authority must have regard only to health and safety matters.

(6) Subject to paragraph (7), the local authority must, before deciding whether to assent to the application, hold a public hearing within 4 months of the date of its receipt of the copy of the application and draft licence referred to in paragraph (2).

(7) If, after the period of 28 days referred to in paragraph (3)(a)(ii) has elapsed, the local authority has received no objection to the application, or has only received objections which in its opinion are frivolous or immaterial, it may assent to the application without holding a hearing.

(8) Not less than 28 days before the hearing referred to in paragraph (6), the local authority must publish notice of the date, time and place fixed for the hearing in a newspaper circulating in the locality and send a copy of the notice to—

(a)the applicant;

(b)any person who made representations referred to in paragraph (3)(a)(ii); and

(c)the relevant licensing authority,

within 7 days from its publication.

(9) The local authority must notify the applicant and the relevant licensing authority of its decision within 7 days of making it.

(10) If the local authority fails to—

(a)send a copy of the notice referred to in paragraph (8) to the relevant licensing authority within 3 months from the date that a copy of the application and draft licence was sent to it pursuant to paragraph (2); or

(b)notify the relevant licensing authority of its decision in accordance with paragraph (9), within 2 months from the date of publication of the notice referred to in paragraph (8),

that licensing authority may make a written request to the local authority for it to state in writing whether it assents to the application.

(11) If the local authority does not respond to the written request within 28 days from the date of the request, the local authority is deemed to have assented to the application.

(12) The applicant must pay a fee to the local authority for the performance by that authority of their functions under this regulation, which fee must not exceed the sum of the costs reasonably incurred by that authority in performing those functions.

(13) In this regulation—

(a)“applicant” means the applicant for a licence or variation of a licence, as the case may be, and “application” means that person’s application; and

(b)“relevant licensing authority” has the meaning given in regulation 13(10)(c).

Registers and retention of documents

15.—(1) The licensing authority must—

(a)maintain a register in accordance with Schedule 4;

(b)keep a copy of any licence granted by it (together with a copy of the application for the licence) for as long as the licence remains valid; and

(c)(except where the Executive is the licensing authority), send to the Executive on request a copy of any part of the register or other document specified in this paragraph within such time as the Executive may direct.

(2) For the purposes of this regulation and Schedule 4, in the case to which regulation 3(9) applies disapplying regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 27, any reference to—

(a)the licensing authority or licensee is to be construed as a reference to the Secretary of State having responsibility for defence;

(b)any licence granted is to be construed as a reference to the scheme referred to in regulation 3(9);

(c)separation distances is to be construed as a reference to the separation distances prescribed in the scheme approved by the Secretary of State having responsibility for defence.

PART 5VARIATION AND TRANSFER OF AUTHORISATIONS TO MANUFACTURE OR STORE EXPLOSIVES AND DEATH, BANKRUPTCY OR INCAPACITY OF A LICENSED PERSON

Variation of licences

16.—(1) The licensing authority which grants a licence may vary it—

(a)where there has been a change in circumstances such that the separation distances can no longer be maintained and a consequent reduction in the maximum amount of explosive that may be stored is required;

(b)(where the Executive or the ONR (as the case may be) is the licensing authority in cases where the assent of the local authority was required pursuant to regulation 13(3) , or in cases where that assent was not required by virtue of regulation 13(4)(b), (c), (d), (e), (f) or (g), before the grant of the licence) where there has been a material change in circumstances so that a variation is necessary to ensure safety; or

(c)in relation to any of the matters it relates to, by agreement with the licensee.

(2) Subject to paragraphs (7) and (8), a licence may be varied on the grounds referred to in paragraph (1)(a) or (b) without the agreement of the licensee.

(3) Where the Executive or the ONR is the licensing authority in cases where the assent of the local authority—

(a)was required under regulation 13(3) before the grant of the licence; or

(b)was not required by virtue of regulation 13(4)(f) or (g); or

(c)was required under regulation 13(3) of the 2005 Regulations, before the grant of the licence; or

(d)would have been required under regulation 13(3) of the 2005 Regulations but for the operation of regulation 27(4) or (13) of those Regulations,

the provisions of regulation 14 apply in respect of a proposed variation referred to in paragraph (4) as if the reference in regulation 14(1) to regulation 13(3) were a reference to regulation 16(3).

(4) A proposed variation for the purposes of paragraph (3) is one which—

(a)relates to changes in the permitted quantities or types of explosive as a result of which the licensee could be required to maintain a separation distance greater than the separation distance required before the variation and, in the opinion of the Executive or the ONR, as the case may be, or the local authority concerned, significant new health and safety issues are raised by that proposed variation;

(b)would increase the period of the licence by more than twelve months; or

(c)would remove the period of the licence so that it would be unlimited as to time,

and the Executive or the ONR, as the case may be, must refuse to grant a varied licence unless the local authority, or each local authority in the case referred to in regulation 13(3), has so assented.

(5) Where a licensing authority proposes to vary a licence without the agreement of the licensee it must, before taking any such action, notify the licensee of its proposed course of action and afford the licensee the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(6) Representations made for the purpose of paragraph (1) may be made in writing, or both in writing and orally.

(7) Where the licensing authority decides to vary a licence without the agreement of the licensee it must provide the licensee with written reasons for its decision.

(8) Where the licensing authority varies a licence without the agreement of the licensee, that variation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (5).

(9) In this regulation, any reference to varying a licence includes varying its conditions.

Transfer of licences

17.—(1) A licence may be transferred in writing by the licensing authority which issued the licence to any other person who wishes to manufacture or store explosives in place of the licensee and who applies to the licensing authority for the transfer.

(2) A licensing authority must grant an application for a transfer of a licence unless it is of the opinion that the applicant is not a fit person—

(a)to store explosives, in the case of an application to transfer a licence to store explosives; or

(b)to manufacture explosives, in the case of an application to transfer a licence to manufacture explosives.

(3) Where a licensing authority is of an opinion referred to in sub-paragraph (a) or (b) of paragraph (2), it must, subject to regulation 20, refuse the application to transfer the licence.

Death, bankruptcy or incapacity of a licensee

18.—(1) If a licensee dies or becomes incapacitated, a person manufacturing or storing explosives in accordance with the conditions of the first-named person’s licence is to be treated as being licensed in accordance with the first named person’s licence until either—

(a)the expiration of a period of 60 days starting with the date of such death or incapacity;

(b)the grant or refusal of a new licence; or

(c)the transfer of, or a refusal to transfer, a licence,

whichever is the earlier.

(2) If a licensee becomes bankrupt or, in the case of a company, goes into liquidation, administration or receivership or has a receiving order made against it, any liquidator, administrator, receiver or trustee in bankruptcy is to be treated as being the licensee.

PART 6REFUSALS OF AUTHORISATIONS

Refusal of an explosives certificate

19.—(1) A chief officer of police must not issue an explosives certificate to a person if the chief officer of police is satisfied that the person is of unsound mind or intemperate habit.

(2) A chief officer of police must not issue an explosives certificate to a person unless the chief officer of police is satisfied that—

(a)the person has good reason for acquiring the relevant explosives;

(b)the person is a responsible person who may be permitted to acquire the relevant explosives without danger to public safety or peace;

(c)the person will take all reasonable precautions to prevent access to the relevant explosives by unauthorised persons and to prevent loss of those explosives;

(d)the person is not a prohibited person;

(e)where the person is a body corporate, no director or secretary of the body corporate, and where the person is a Scottish firm, no partner in the firm, is a prohibited person;

(f)where the application is for an explosives certificate relating only to acquisition of relevant explosives—

(i)it is not reasonably practicable for the applicant to be an occupier of a site for the storage of relevant explosives for which the person would be required to have a licence, and

(ii)either the relevant explosives will not be kept, or, if kept, the applicant will ensure that they are kept at a site where such storage is permitted pursuant to a licence or at a site occupied by the Secretary of State having responsibility for defence; and

(g)where the application is for an explosives certificate relating to the keeping of relevant explosives, either—

(i)the applicant will ensure that the relevant explosives are kept at a site where the storage is permitted pursuant to a licence;

(ii)the relevant explosives will be kept at a site occupied on behalf of the Crown, or

(iii)in the case where the applicant does not hold a licence in respect of the storage of the relevant explosives, no licence is required to be held by the applicant in respect of that storage by virtue of regulation 7(2).

Refusal of a licence and draft licence and refusal of a renewal or transfer of a licence

20.—(1) Subject to paragraphs (3) to (5), the licensing authority must—

(a)refuse an application for a licence; and

(b)where regulation 14(1) applies, refuse to issue the draft licence referred to in regulation 14(1),

where paragraph (2) applies.

(2) This paragraph applies where the licensing authority is of the opinion that—

(a)the proposed site or, within it, any place where the manufacture or storage of explosives is proposed to take place is unsuitable for that manufacture or storage; or

(b)the applicant is not a fit person—

(i)to store explosives, in the case of an application for a licence to store explosives; or

(ii)to manufacture explosives, in the case of an application for a licence to do so.

(3) Where a licensing authority proposes to refuse an application for—

(a)a licence;

(b)a renewal of a licence;

(c)a variation of a licence; or

(d)a transfer of a licence;

it must, before taking any such action, notify the applicant of its proposed course of action and afford that applicant the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(4) Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

(5) Where the licensing authority decides to refuse an application for—

(a)a licence;

(b)a renewal of a licence;

(c)a variation of a licence; or

(d)a transfer of a licence;

it must provide the applicant with written reasons for its decision.

(6) A refusal by the licensing authority, pursuant to paragraph (1), to issue the draft licence referred to in regulation 14(1) is to be treated for the purposes of these Regulations as a refusal of an application for a licence.

PART 7REVOCATION OF AUTHORISATIONS AND APPEALS AGAINST CERTAIN DECISIONS

Revocation and expiry of an explosives certificate

21.—(1) A chief officer of police may revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that the holder was not when the explosives certificate was issued, or is no longer, a fit person to hold an explosives certificate in the terms of that explosives certificate.

(2) A chief officer of police must revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that any of the conditions in paragraph (1) or (2) of regulation 19 was not met when the explosives certificate was issued, or is no longer met.

(3) An explosives certificate ceases to be valid—

(a)5 years after the date of issue; or

(b)after such lesser time as may be stated therein; or

(c)after notice of revocation by the chief officer of police for the relevant police force has been served on the holder of the certificate,

whichever happens first.

(4) The holder of an explosives certificate must surrender it to the chief officer of police who issued it immediately after a notice of revocation has been served on that holder under paragraph (3)(c).

Appeals and applications to the Crown Court or Sheriff

22.—(1) A person aggrieved by any decision of a chief officer of police to refuse an explosives certificate under regulation 19 or to revoke an explosives certificate under regulation 21 may appeal within 21 days of receiving notice of that decision.

(2) An appeal under this regulation in England and Wales is to be to the Crown Court and in Scotland is to be to the sheriff by way of summary application.

(3) The court hearing an appeal under this regulation may dismiss the appeal or allow the appeal and give directions to the chief officer of police to issue or restore the explosives certificate.

(4) A prohibited person may apply to the Crown Court or, in Scotland, to the sheriff by way of summary application for an order that that person is no longer a prohibited person and the court hearing any such application may make an order exempting that person from the provisions of these Regulations relating to a prohibited person.

Revocation of a licence

23.—(1) The licensing authority which grants a licence may, subject to paragraphs (3), (4), (5) and (6), revoke that licence—

(a)where there has been a change in circumstances such that the site or, within it, any place in which explosives are manufactured or stored which the licence relates to is no longer suitable for that manufacture or storage;

(b)where it appears to the licensing authority on information obtained by it after the grant of the licence that the licensee is not a fit person—

(i)to store explosives, in the case of a person licensed to store explosives; or

(ii)to manufacture explosives, in the case of a person licensed to manufacture explosives; or

(c)by agreement with the licensee.

(2) A person whose licence is revoked must ensure that—

(a)all explosives are removed from a site as soon as is practicable after revocation of a licence in respect of that site;

(b)those explosives are deposited at a site which is the subject of a licence which permits any storage resulting from that depositing, or suitable arrangements are made for those explosives to be disposed of; and

(c)the licence is returned to the licensing authority within 28 days of the date that the revocation takes effect pursuant to paragraph (6).

(3) Where a licensing authority proposes to revoke a licence, it must, before taking any such action, notify the licensee of its proposed course of action and afford that person the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(4) Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

(5) Where the licensing authority decides to revoke a licence, it must provide in writing to the licensee the reasons for its decision.

(6) Where the licensing authority revokes a licence, that revocation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (3).

PART 8LICENCES FOR SITES WHICH CEASE TO BE, OR BECOME, ONR REGULATED SITES

Licences for sites which cease to be ONR regulated sites

24.—(1) Where this regulation applies a licence granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a licence granted by the relevant licensing authority.

(2) This regulation applies where—

(a)the site in respect of which the licence was granted ceases to be an ONR regulated site; and

(b)the licence mentioned in sub-paragraph (a) remained in force immediately before the relevant date.

(3) In this regulation—

(a)“relevant date” means, in relation to a site, the date on which the site ceased to be an ONR regulated site; and

(b)“relevant licensing authority” means the licensing authority for the site determined in accordance with Schedule 1, other than paragraph 4 of that Schedule, as if an application for a licence were to be made.

Licences for sites which become ONR regulated sites

25.—(1) Where this regulation applies a licence granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a licence granted by the ONR.

(2) This regulation applies where—

(a)the site in respect of which the licence was granted becomes an ONR regulated site; and

(b)the licence mentioned in sub-paragraph (a) remained in force immediately before the relevant date.

(3) In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.

PART 9SAFETY OF EXPLOSIVES

Fire and explosion measures

26.—(1) Any person who manufactures or stores explosives must take appropriate measures—

(a)to prevent fire or explosion;

(b)to limit the extent of fire or explosion including measures to prevent the spreading of fires and the communication of explosions from one location to another; and

(c)to protect persons from the effects of fire or explosion.

(2) For the purposes of paragraph (1), the reference to the manufacture or storage of explosives includes a reference to any handling, on-site transport and testing of explosives which is associated with that manufacture or storage.

(3) In this regulation, “fire or explosion” means unplanned fire or explosion at the site of manufacture or storage.

Separation distances

27.—(1) Subject to paragraphs (2) and (3), every person who stores explosives at a site must ensure that the relevant separation distance prescribed by Schedule 5 is maintained between a store and a building or other place to which that Schedule applies.

(2) Paragraph (1) does not apply to—

(a)desensitised explosives; or

(b)explosives which are stored under a licence granted by the Executive or the ONR in cases—

(i)where the assent of the local authority was required pursuant to regulation 13(3); or

(ii)where that assent was not required by virtue of regulation 13(4)(c), (d), (e), (f) or (g).

(3) Paragraph (1) does not apply to the storage of explosives where the total quantity of explosives stored at a site, excluding, in the case of sub-paragraphs (c) and (e), any amount of small arms ammunition, does not exceed—

(a)100 grams;

(b)a combined total of 5 kilograms of shooters’ powder and model rocket motors;

(c)30 kilograms of shooters’ powder and 300 grams of percussion caps;

(d)200 detonators and —

(i)5 kilograms of water-based explosive and detonating cord; or

(ii)5 kilograms of water-based explosive or detonating cord; or

(e)in the case of explosives kept by a police force —

(i)16 kilograms of stun grenades; and

(ii)4 kilograms of explosives kept for operational purposes other than the purpose referred to in paragraph (iii) but including ordnance disposal and the training of dogs for the detection of explosives; or

(iii)30 kilograms of explosives kept solely for the purpose of gaining entry to premises; or

(iv)30 kilograms of explosives kept solely for the purposes of ordnance disposal;

and the explosives are stored in a safe and suitable place with all due precautions for public safety.

(4) In this regulation—

(a)“model rocket motors” means explosive articles which—

(i)are assigned in accordance with the United Nations Recommendations the U.N. no. 0186, 0272, 0349, 0351 or 0471;

(ii)are intended to be used for the propulsion of model rockets or similar articles; and

(iii)in respect of each individual explosive article, contain no more than 1 kilogram of explosive; and

(b)“stun grenades” means pyrotechnic articles designed to confuse, disorientate or distract a person which are assigned in accordance with the United Nations Recommendations the U.N. no. 0431 or 0432.

Discarding or disposing of explosives and decontamination of explosive-contaminated items

28.—(1) Any person who discards or disposes of explosives or explosive-contaminated items must ensure, so far as is reasonably practicable, that they are discarded or disposed of safely.

(2) Any person who decontaminates explosive-contaminated items must ensure, so far as is reasonably practicable, that they are decontaminated safely.

Prohibitions concerning manufacture, storage and importation of certain explosives

29.—(1) Subject to paragraph (2), no pyrotechnic substance which consists of—

(a)sulphur; or

(b)phosphorus,

mixed with chlorate of potassium or other chlorates or pyrotechnic article which contains any such mixture may be manufactured, stored or imported into the United Kingdom without the approval of the Executive.

(2) In determining whether to approve for the purposes of paragraph (1), the Executive must take into account—

(a)the risk of the mixture spontaneously combusting; and

(b)the potential for the mixture to become sensitive to ignition by friction or impact.

(3) A contravention of paragraph (1) concerning importation is punishable only under the 1974 Act.

PART 10SECURITY OF EXPLOSIVES: PREVENTING UNAUTHORISED ACCESS OR ACQISITION

Unauthorised access

30.—(1) Any person who manufactures, stores or keeps explosives must take all appropriate precautions for preventing unauthorised persons having access to—

(a)the places where those explosives are manufactured, stored or kept; or

(b)the explosives.

(2) No person may—

(a)without the permission of the licensee, enter—

(i)any store within a site;

(ii)any building used for the manufacture of explosives within a site, or

(iii)any site, or any place within it, with clearly marked boundaries at which explosives are stored or manufactured,

operating under a licence; or

(b)having so entered, refuse to leave that site when requested to do so by a constable or the licensee.

(3) Where following a request referred to in paragraph (2)(b) the person who has entered that place without permission refuses to leave that site, a constable or the licensee may remove that person from the site using reasonable force, if necessary.

(4) For the purposes of paragraphs (2) and (3)—

(a)“enter” includes entering onto a roof of a store or a building in which explosives are manufactured; and

(b)“licensee” includes an employee or agent of a licensee.

Prohibitions concerning the transfer of relevant explosives

31.—(1) No person may transfer any relevant explosive to another person (“the transferee”) unless—

(a)the transferee has an explosives certificate certifying that the transferee is a fit person to acquire that relevant explosive;

(b)the relevant explosive is for immediate export to a transferee resident outside the United Kingdom;

(c)the explosive is for immediate transport to Northern Ireland and the transferee has police consent under regulation 11(1) of the Explosives Regulations (Northern Ireland) 1970(60);

(d)the relevant explosive is for transport to an offshore installation in controlled waters as both those terms are defined in section 12 of the Mineral Workings (Offshore Installations) Act 1971(61); or

(e)the transferee is a person specified in regulation 3(7) and, where those provisions apply to a specified person only in particular circumstances or for particular purposes, those circumstances or purposes are satisfied in the case of the person concerned.

(2) For the purposes of this regulation, a person who acts as agent to transfer any relevant explosive for another person is to be treated as if the person acting as agent as well as that other person had transferred that relevant explosive as principal.

(3) For the purposes of this regulation, where any relevant explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time) the relevant explosive is not to be treated as being transferred to or from a person who has possession of it only by reason of being—

(a)a carrier;

(b)a person engaged in the work of loading or unloading; or

(c)the occupier of a place it passes through while on the journey.

(4) Nothing in paragraph (1)(b), in relation to the transfer to which it refers, is to be taken as meaning that any requirement under other legislation applying in relation to that transfer does not apply.

Restrictions on prohibited persons

32.—(1) Subject to paragraph (3), no employer may knowingly employ a prohibited person in a position where the employee handles or has control of any relevant explosive or any restricted substance.

(2) Subject to paragraph (3), no prohibited person, regardless of whether the person satisfies regulation 5, may acquire, handle or have control of any relevant explosive or any restricted substance.

(3) This regulation does not apply to the employment of, or the acquisition, keeping, handling or control of any relevant explosive or any restricted substance in the course of their duties by, members of Her Majesty’s Forces.

PART 11SECURITY OF EXPLOSIVES: TRACEABILITY, RECORDS AND REPORTING LOSS

Unique identification of civil explosives

33.—(1) Subject to paragraphs (3) and (4), any person who manufactures a civil explosive must, as soon as is practicable after that manufacture and before the civil explosive may be moved away from the site where it is manufactured—

(a)mark each civil explosive item referred to in Schedule 7 relating to the civil explosive with a unique identification in accordance with that Schedule;

(b)where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c)where a passive inert electronic tag or associated tag is applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(2) The unique identification must—

(a)comprise the components described in Schedule 6; and

(b)be marked on or firmly affixed to the civil explosive item concerned in a way which ensures that it is durable and clearly legible.

(3) Paragraph (1) does not apply where the civil explosive is manufactured for export and is marked with an identification in accordance with the requirements of the importing country for allowing traceability of the civil explosive.

(4) Where a civil explosive is subject to a further manufacturing process after its original manufacture, the manufacturer must mark each civil explosive item relating to the civil explosive subjected to that further process, with a new unique identification only if the original unique identification is no longer marked in the way that paragraph (2)(b) requires and any new marking so required must be done as soon as is practicable after that further process and before the civil explosive may be moved away from the site where it is manufactured.

(5) Subject to paragraph (6), a person who imports a civil explosive into Great Britain must, as soon as is practicable after import and before acquisition of the civil explosive by another person—

(a)mark each civil explosive item referred to in Schedule 7 relating to the civil explosive with a unique identification in accordance with that Schedule;

(b)where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c)where a passive inert electronic tag or associated tag is applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(6) Paragraph (5) does not apply where the civil explosive items are marked with a unique identification before importation.

(7) Where a distributor repackages a civil explosive, the distributor must ensure that—

(a)the civil explosive items relating to the civil explosive have the unique identification marked on or affixed to them in accordance with Schedule 7;

(b)where an associated label in respect of that marking is required by that Schedule, the label is attached in accordance with those requirements; and

(c)where a passive inert electronic tag or associated tag is applied in respect of that marking, that tag is placed in accordance with the applicable provisions of that Schedule.

(8) For the purposes of this regulation and Schedule 7—

(a)“civil explosive item” means a civil explosive article, a container containing a civil explosive substance or each smallest packaging unit containing civil explosive;

(b)“civil explosive article” means an article containing one or more civil explosive substances; and

(c)“civil explosive substance” means an explosive substance in a civil explosive.

Attribution of manufacturing site codes for civil explosives

34.—(1) This regulation applies for the purposes of the attribution of a three digit code (referred to in this regulation as the “code”) to a site where civil explosives are manufactured, which is unique to that site and is a component of the unique identification described in Schedule 6.

(2) For each site within Great Britain at which civil explosives are manufactured—

(a)the manufacturer must apply to the Executive for it to attribute a code for the site; and

(b)the Executive must attribute the code and inform the manufacturer accordingly.

(3) For the purposes of the attribution of a code to a site where civil explosives are manufactured in a country that is not an EEA State(62)—

(a)paragraph (4) applies where the manufacturer is established in an EEA State and the place of import of the civil explosives is Great Britain;

(b)paragraph (5) applies where the manufacturer is not established in an EEA State and the place of import of the civil explosives is Great Britain; and

(c)paragraph (6) applies where the manufacturer is established in Great Britain and the place of import of the civil explosives is either Northern Ireland or an EEA State other than the United Kingdom.

(4) Where this paragraph applies—

(a)in the case where the manufacturer is established in Great Britain—

(i)the manufacturer must apply to the Executive for it to attribute a code for the site where the civil explosives are manufactured; and

(ii)the Executive must attribute the code and inform the manufacturer accordingly; and

(b)in the case where the manufacturer is established in Northern Ireland or an EEA State other than the United Kingdom—

(i)the Executive must attribute a code for the site where the civil explosives are manufactured when it receives a request from the manufacturer to do so; and

(ii)the Executive must inform the manufacturer accordingly.

(5) Where this paragraph applies—

(a)the importer must apply to the Executive for it to attribute a code for the site where the civil explosives are manufactured; and

(b)the Executive must attribute the code and inform the importer accordingly.

(6) Where this paragraph applies, the manufacturer must apply to—

(a)the Secretary of State for Northern Ireland, where the place of import of the civil explosive is Northern Ireland; or

(b)the national authority of the EEA State of import of the civil explosive,

for that Secretary of State or that national authority, as the case may be, to attribute a code for the site where the civil explosives are manufactured.

Records in relation to relevant explosives

35.—(1) Subject to paragraph (2), a person (“person A”) who acquires or keeps a relevant explosive must keep a record containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to—

(a)individuals who acquire any relevant explosive, otherwise than in connection with their work, solely for their own personal use; or

(b)a relevant explosive which is produced by mixing at any place non-explosive substances or preparations to form a relevant explosive for immediate use at that place.

(3) The information referred to in paragraph (1) is—

(a)the means of identifying the relevant explosive, including—

(i)its type;

(ii)its manufacturer;

(iii)a description of the relevant explosive and its name, product code or other information which enables the relevant explosive to be distinguished from every other explosive to which it is not identical;

(b)the total number of any explosive articles, the total nominal mass of explosive substance not contained in explosive articles or, in the case of such substances in cartridge form, the total number of cartridges;

(c)the location of the relevant explosive while it is in the possession of person A;

(d)the name and address of any person to whom the relevant explosive is transferred; and

(e)whether, while in the possession of person A, the relevant explosive has been—

(i)subjected to a further manufacturing process after its acquisition;

(ii)used;

(iii)transferred to another person; or

(iv)destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date by person A.

(5) The system applied by person A for collecting the information must be tested by person A at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person A must keep the record for a period of three years from the date when the relevant explosive concerned was used, transferred to another person or destroyed.

(7) Person A must protect the record against accidental or malicious damage or destruction.

(8) Person A must provide the enforcing authority with—

(a)information as to the origin and location of each relevant explosive to which the record relates, where the enforcing authority requests it; and

(b)the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person A which acquires or keeps any relevant explosive is to cease to trade, person A must notify the enforcing authority of that fact and offer any record still required to be kept pursuant to paragraph (6) to that authority.

(10) In paragraph (3)(a)(iii), “name” means, in relation to an explosive article or explosive substance—

(a)the name under which it is or is to be marketed; or

(b)in the case of a military explosive (within the meaning of regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(63)), the name designated in writing for that explosive article or substance by the Secretary of State having responsibility for defence.

(11) When regulation 36 is in force, this regulation, to the extent that it concerns civil explosives to which the duty in regulation 36(1) will then apply, ceases to have effect in relation to those civil explosives.

Records in relation to civil explosives

36.—(1) Subject to paragraph (2), a person (“person B”) who manufactures, imports, distributes, acquires or keeps any civil explosive must, in respect of any civil explosive manufactured in, or imported into, Great Britain on or after 5th April 2015, keep a record containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to individuals who acquire any civil explosive, otherwise than in connection with their work, solely for their own personal use.

(3) The information referred to in paragraph (1) is—

(a)the means of identifying and describing the civil explosive, including—

(i)its type; and

(ii)the unique identification in relation to the civil explosive;

(b)the location of the civil explosive while it is in the possession of person B;

(c)the name and address of any person to whom the civil explosive is transferred; and

(d)whether, while in the possession of person B, the civil explosive has been—

(i)subjected to a further manufacturing process after its original manufacture;

(ii)used;

(iii)transferred to another person;

(iv)or destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date by person B.

(5) The system applied by person B for collecting the information must be tested by person B at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person B must keep the record for a period of ten years from the date when the civil explosive concerned was used, transferred to another person or destroyed.

(7) Person B must protect the record against accidental or malicious damage or destruction.

(8) Person B must provide the enforcing authority with—

(a)information as to the origin and location of each civil explosive to which the record relates, where the enforcing authority requests it; and

(b)the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person B which manufactures, imports, distributes, acquires or keeps civil explosives is to cease to trade, person B must notify the enforcing authority of that fact and provide any record still required to be kept pursuant to paragraph (6) to that authority, who must keep that record for the remainder of the period referred to in that paragraph.

Reporting loss

37.—(1) Any person who acquires possession of, keeps, loads, unloads or transports any relevant explosive or is the occupier of a place where it is loaded or unloaded while on a journey must ensure that the loss of any relevant explosive is reported forthwith—

(a)to the chief officer of police for the police area in which the loss occurs; or

(b)if it is not known where the loss occurred, to the chief officer of police for the police area in which the loss is discovered, or

(c)if the loss occurs or is discovered outside Great Britain, to any chief officer of police.

(2) Where the person required by paragraph (1) to ensure the reporting of a loss is a person who had acquired possession of the relevant explosive or was keeping it, that person must also confirm the report in writing without delay including the following information (whether or not previously supplied orally)—

(a)the date and time that the loss was first discovered;

(b)the place at which that discovery was made;

(c)a description of each type of relevant explosive that has been lost sufficient to distinguish that type from other explosives which are similar but not identical;

(d)for each type lost—

(i)the number of articles lost, or

(ii)the total nominal mass of each type of explosive substance lost, except that in the case of a substance in cartridge form, the number of cartridges lost may be given.

(3) Any person who transports, loads or unloads relevant explosive or is the occupier of a place where it is loaded or unloaded must also report the loss of any relevant explosive without delay to the consignor or, if the consignor is outside the United Kingdom, to the consignee.

(4) Any person making a report under paragraph (3) must provide the consignor or consignee with any information in the possession of the person making the report which the consignor or consignee needs to comply with paragraph (5).

(5) Any consignor or consignee to whom a loss is reported under paragraph (3) must without delay notify the loss in writing to the chief officer of police for the police area in which the loss was discovered, and also (if different) the chief officer of police who issued any explosives certificate held by the consignor or consignee which relates to the relevant explosive the loss of which has been so reported, giving the information listed in paragraph (2).

(6) Employees must inform their employer without delay if they become aware of any loss of any relevant explosive which their employer must report.

(7) Where any loss of a relevant explosive occurs at a site in relation to which the Executive is the licensing authority by virtue of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the Executive.

(8) Where any loss of a relevant explosive occurs at a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the ONR.

(9) The person required by paragraph (1) to ensure that a loss is reported must maintain adequate systems for ensuring that any loss of a relevant explosive is detected.

(10) That system must be tested by that person at regular intervals to ensure its effectiveness.

(11) In determining whether any relevant explosive is lost for the purposes of this regulation, no account is to be taken of any relevant explosive in respect of which it can be shown that the cause was not theft and that the relevant explosive no longer exists.

PART 12SECURITY PROVISIONS IN RELATION TO PLASTIC EXPLOSIVES

Prohibitions in relation to unmarked plastic explosive

38.—(1) No person may manufacture any plastic explosive, the finished product of which is unmarked.

(2) No person may be in possession, nor transfer possession, of any unmarked plastic explosive.

(3) Paragraph (2) does not apply to a plastic explosive that is in the process of being manufactured.

(4) No person may import any unmarked plastic explosive into the United Kingdom.

(5) For the purposes of this regulation, a plastic explosive is marked if, at the time of its manufacture, it, or a sample of the plastic 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 2 of Schedule 8, whether that detection agent is introduced during the process of manufacture of the plastic explosive for the purpose of making the plastic explosive detectable or as a result of the normal formulation of that plastic explosive.

(6) In this regulation—

(a)“detection agent” means a substance named in column 1 of the Table in Part 2 of Schedule 8;

(b)“plastic explosive” has the meaning given by Part 1 of Schedule 8; and

(c)“unmarked” is to be construed in accordance with paragraph (5).

PART 13PLACING ON THE MARKET OF CIVIL EXPLOSIVES

Placing on the market of civil explosives

39.—(1) No person may place any civil explosives on the market unless—

(a)the civil explosives satisfy such of the essential safety requirements as apply to those civil explosives; and

(b)the conformity of the civil explosives to the requirements of this Part has been attested in accordance with regulation 40; and

(c)the CE marking has been affixed to the civil explosives in accordance with regulation 42.

(2) For the purposes of paragraph (1), civil explosives are to be treated as satisfying the essential safety requirements if they conform to any relevant national standard.

(3) For the purposes of this regulation, “national standard” means a standard of a member State—

(a)which transposes a relevant harmonised standard; and

(b)the reference number of which has been published by that member State pursuant to Article 4.1 of the Civil Uses Directive.

(4) For the purpose of this regulation, civil explosives are placed on the market when they are first supplied or made available to any person with a view to their distribution or use within an EEA state(64) or are imported, except with a view to re-export, from outside the area of the EEA states, and “place on the market” is to be construed accordingly.

(5) In this regulation, “the essential safety requirements” means the requirements listed in Schedule 9.

Conformity attestation

40.—(1) For the purposes of regulation 39(1)(b), the procedure for attesting conformity of civil explosives to the requirements of this Part must be—

(a)EC type examination (Module B) referred to in Annex II(1) together with—

(i)type conformity (Module C) referred to in Annex II(2), or

(ii)production quality assurance (Module D) referred to Annex II(3), or

(iii)product quality assurance (Module E) referred to in Annex II(4), or

(iv)product verification (Module F) referred to in Annex II(5); or

(b)unit verification (Module G) referred to in Annex II(6).

(2) In paragraph (1), a reference to a numbered Annex is a reference to the Annex to the Civil Uses Directive so numbered as amended from time to time.

Notified bodies

41.—(1) The Secretary of State may from time to time appoint in writing such qualified bodies as the Secretary of State thinks fit to be notified bodies for the purposes of this Part.

(2) An appointment under this regulation may relate to all or any description or class of civil explosives, may be subject to conditions or to limit of time, and may be revoked in writing at any time.

(3) For the purposes of this regulation a body is qualified if it meets the criteria set out in Annex III (minimum criteria to be taken into account by member States for the notification of bodies) or if it meets the assessment criteria laid down by a relevant harmonised standard.

(4) The Secretary of State must—

(a)notify the Commission and the other EEA States of any body appointed under this regulation;

(b)revoke the appointment of any such body if it appears to the Secretary of State that that body is no longer qualified; and

(c)notify the Commission and the other EEA States of the revocation of any such appointment.

(5) A body appointed by the Secretary of State under this regulation, after agreeing with the applicant any fee in respect of the work to be undertaken by it, is to perform the functions of a notified body under the Civil Uses Directive.

(6) For the purposes of this regulation—

(a)“notified body” means a body notified to the Commission by a member State pursuant to Article 6.2 of the Civil Uses Directive; and

(b)the reference to a numbered Annex has the same meaning as in regulation 40(2).

CE marking

42.—(1) For the purposes of regulation 39(1)(c), the CE marking is properly affixed if—

(a)it is visible, easily legible and indelible; and

(b)it is of a durable nature such that it will remain visible, easily legible and indelible during normal transport or storage; and

(c)it is affixed either—

(i)to the civil explosives themselves, or, where that is not practicable,

(ii)to an identification plate which is attached to the civil explosives and which is so designed as to make its re-use impossible, or,

(iii)where neither of the above is practicable, to the packaging of the civil explosives; and

(d)in the case of civil explosives which are subject to any EU Directive other than the Civil Uses Directive, the requirements imposed by virtue of that other Directive have also been complied with in respect of those civil explosives.

(2) No person may affix to any civil explosives the CE marking or any marking or inscription which is liable to be confused with the CE marking except by properly affixing the CE marking to civil explosives which satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39.

(3) The CE marking must be in the form shown in Schedule 10.

PART 14ENFORCEMENT OF THE REGULATIONS

Enforcement within Great Britain

43.  Schedule 11, which makes provision —

(a)determining the enforcing authority for these Regulations as they apply within Great Britain; and

(b)determining the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999(65) as it applies to the manufacture and storage of explosives,

has effect.

Enforcement outside Great Britain

44.  The Executive is the enforcing authority for these Regulations as they apply in any area outside Great Britain.

Enforcement powers in relation to regulation 8 and Part 13

45.  Schedule 12, which makes provision as to enforcement powers in relation to regulation 8 and Part 13, has effect.

PART 15POWER TO GRANT EXEMPTIONS AND MISCELLANEOUS PROVISIONS

Exemptions

46.—(1) Subject to paragraphs (2) and (4), the Executive may, by a certificate in writing, exempt any person or class of persons or any explosive or class of explosives from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to such conditions and to a limit of time and may be revoked by the Executive by a certificate in writing at any time.

(2) The Executive must not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a)the conditions, if any, which it proposes to attach to the exemption; and

(b)any other requirements imposed by or under any enactment which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the security of explosives will not be prejudiced.

(3) Subject to paragraph (4), the Secretary of State having responsibility for defence may, in the interests of national security, by a certificate in writing, exempt any person or class of persons, any headquarters or any explosive or class of explosives from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by that Secretary of State by a certificate in writing at any time.

(4) The power to exempt in paragraph (1) or (3) does not apply to regulations 8, 33, 34, 36 and 38 to 42.

Savings and transitional provisions

47.—(1) A licence granted under regulation 13 of the 2005 Regulations or deemed to have been so granted by virtue of regulation 27(1) of those Regulations which was valid immediately before the relevant date is deemed to be a licence granted under regulation 13 of these Regulations and continues in force, despite the revocation of the 2005 Regulations by these Regulations, on its existing terms and conditions, subject to—

(a)any variation under regulation 16(1)(a) to (c) of these Regulations; or

(b)its expiry on the date it was due to expire or its revocation under regulation 23 of these Regulations, whichever is the sooner.

(2) A registration granted under regulation 11 of the 2005 Regulations which was valid immediately before the relevant date is deemed to be a licence granted under regulation 13 of these Regulations and continues in force, despite the revocation of the 2005 Regulations by these Regulations, on its existing terms until the date it was due to expire or its revocation under regulation 23, whichever is the sooner.

(3) Where an application for a licence or variation of a licence under the 2005 Regulations has been made to, and received by, the licensing authority before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for a licence or, as the case may be, a variation of a licence under, respectively, regulation 12 or regulation 16 of these Regulation and the provisions of these Regulations apply to the application accordingly, subject to paragraph (4) in respect of cases to which the requirements of regulations 13(3) and 14 of the 2005 Regulations applied.

(4) In relation to the application of the requirements of regulations 13(3) and 14 of these Regulations to an application referred to in paragraph (3)—

(a)a draft licence issued by the Executive or the ONR to the applicant under regulation 14(1) of the 2005 Regulations before the relevant date is deemed to be a draft licence for the purposes of regulation 14(1) of these Regulations;

(b)a notice under regulation 14(3) or (8) of the 2005 Regulations which has been published before the relevant date in respect of the application is deemed to be a notice for the purposes of, respectively, regulation 14(3) or (8) of these Regulations;

(c)if a public hearing for the purposes of regulation 14 of the 2005 Regulations would be held or continue to be held on or after the relevant date, it may continue to be so held and is deemed to be a hearing for the purposes of regulation 14 of these Regulations;

(d)the assent to the application by the local authority pursuant to regulation 14 of the 2005 Regulations, or the assent by both local authorities to the application where the assent of both is required under that regulation, given before the relevant date is deemed to be assent for the purposes of regulations 13(3) and 14 of these Regulations.

(5) An explosives certificate granted under regulation 4 of the 1991 Regulations which was valid immediately before the relevant date is deemed to be an explosives certificate granted under regulation 11 of these Regulations and continues in force, notwithstanding the revocation of the 1991 Regulations by these Regulations, on its existing terms until the date it was due to expire or its revocation under regulation 21, whichever is the sooner.

(6) Where an application for an explosives certificate under the 1991 Regulations has been made to, and received by, the chief officer of police for the relevant police force before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for an explosives certificate under regulation 11 of these Regulations and the provisions of these Regulations apply to the application.

(7) Despite the revocation of the 1993 Regulations by these Regulations, a recipient competent authority document issued under the 1993 Regulations which was valid immediately before the relevant date is deemed to be a valid recipient competent authority document for the purposes of regulation 8 of these Regulations.

(8) Where an application for a recipient competent authority document under the 1993 Regulations has been made to, and received by, the Executive before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for a recipient competent authority document under regulation 8 of these Regulations and the provisions of these Regulations apply to the application.

(9) In relation to the application of these Regulations to the storage of ammonium nitrate blasting intermediate by virtue of regulation 2(2), where a person is storing ammonium nitrate blasting intermediate on the relevant date, regulations 7, 12, 13, 14, 16 to 18, 20 and 23 do not apply to that storage by that person until 1st October 2017.

(10) Paragraph (11) applies to a person who, immediately before the relevant date, held—

(a)a licence granted under regulation 13 of the 2005 Regulations; or

(b)a registration granted under regulation 11 of the 2005 Regulations,

which, in either case, is deemed to be a licence granted under regulation 13 of these Regulations by virtue of, respectively, paragraph (1) or (2) of this regulation and, in respect of that licence or registration, was subject to the requirements of regulation 5 of the 2005 Regulations.

(11) A person to whom this paragraph applies is not subject to the requirements of regulation 27 until the later of—

(a)1st October 2015; or

(b)the expiry of the licence or registration, as the case may be, deemed to be a licence under, respectively, paragraph (1) or (2); and

until that later date, that person must continue to comply with the requirements of regulation 5 of the 2005 Regulations.

(12) Where the storage of explosives at any place—

(a)was immediately before the relevant date exempt from the requirement for a licence under the 2005 Regulations by virtue of an exemption certificate granted under regulation 26 of those Regulations; and

(b)is not storage to which regulation 3(9) of these Regulations relates,

the person doing that storing is deemed to hold a licence granted by the Executive under regulation 13 with an expiry date of 1st October 2016.

(13) Paragraph (14) applies to a person who, immediately before the relevant date, acquires or is keeping explosives which do not require an explosives certificate under the 1991 Regulations but which do under these Regulations.

(14) A person to whom this paragraph applies is deemed to hold an explosives certificate under these Regulations which permits the acquiring and keeping of the explosives referred to in paragraph (13) until 1st October 2016.

(15) The amendments made by the 2005 Regulations to

(a)the Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956(66); and

(b)the Miscellaneous Mines (Explosives) Regulations 1959(67),

continue to have effect despite the revocation of the 2005 Regulations by these Regulations.

(16) The amendments made by the Explosives Act 1875 and 1923 Etc. (Repeals and Modifications) (Amendment) Regulations 1974(68) (“the Amendment Regulations”) to the Explosives Act 1875 and 1923 Etc. (Repeals and Modifications) Regulations 1974(69) continue to have effect despite the revocation of the Amendment Regulations by these Regulations.

(17) In this regulation—

(a)“the 1991 Regulations” means the Control of Explosives Regulations 1991(70);

(b)“the 1993 Regulations” means the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993(71);

(c)“recipient competent authority document” has the same meaning as in regulation 8(9); and

(d)“relevant date” means 1st October 2014.

Repeals, revocations and amendments

48.—(1) The primary legislation specified in Part 1 of Schedule 13 and the secondary legislation specified in Part 2 of that Schedule is amended in accordance with the provisions of that Schedule.

(2) The primary legislation specified in column 1 of Part 1 of Schedule 14 is repealed to the extent specified in column 3 of that Schedule.

(3) The secondary legislation specified in column 1 of Part 2 of Schedule 14 is revoked to the extent specified in column 3 of that Schedule.

Review

49.—(1) The Secretary of State must from time to time—

(a)carry out a review of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how other member States have implemented—

(a)Council Directive 93/15/EC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses(72), as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29th September 2003(73), Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11th March 2009(74) and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012(75) which are implemented by these Regulations; and

(b)Commission Directive 2008/43/EC of 4th April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses(76) as amended by Commission Directive 2012/4/EU(77), which are implemented by these Regulations.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with 1st October 2014.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Signed by authority for the Secretary of State for Work and Pensions

Mike Penning

Minister of State

Department for Work and Pensions

23rd June 2014

Regulation 2(1)

SCHEDULE 1MEANING OF “LICENSING AUTHORITY”

1.  Subject to paragraphs 2 to 5, “licensing authority” means—

(a)in relation to an application 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—

(aa)any of the explosives are relevant explosives;

(bb)any of the explosives are ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997(78);

(cc)any of the explosives are smokeless powder or percussion caps; or

(dd)the explosives are to be stored by a person who is registered as a firearms dealer under section 33 of the Firearms Act 1968(79);

(ii)the local authority for the area in which the storage is to take place where none of the explosives are of a type to which sub-paragraph (a)(i) applies;

(b)the Executive where the explosives are to be stored on the surface at a mine, whether in a building or not, or within a harbour;

(c)where the application for a licence relates to the manufacture or storage of ammonium nitrate blasting intermediate, the Executive;

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

2.  In any case falling within paragraph 1(a) and subject to paragraph 5, the applicant may apply instead to the Executive for a licence, in which case the Executive is to 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, and requires a licence for that manufacture and for that storage, the Executive is to 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(d) includes any such application.

4.  The ONR is the licensing authority in relation to any application for a licence for the manufacture or storage of explosives on an ONR regulated site.

5.  The applicant may only apply to the Executive pursuant to paragraph 2, where—

(a)the applicant has notified the Executive that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with; or

(b)the application does not relate to the storage of pyrotechnic articles at any site where those articles are to be offered for sale and the applicant has already been granted a licence by the Executive under paragraph 1 which relates to another site.

Regulation 5(3)(a)

SCHEDULE 2EXPLOSIVES NOT REQUIRING AN EXPLOSIVES CERTIFICATE

PART 1LIST OF EXPLOSIVES

ExplosivesU.N. no
2-AMINO-4, 6-DINITROPHENOL, WETTED with not less than 20% water by mass3317
CARTRIDGES, OIL WELL0277
CARTRIDGES, OIL WELL0278
CARTRIDGES FOR TOOLS, BLANK0014
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER0446
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER0447
CORD, IGNITER0066
CUTTERS, CABLE, EXPLOSIVE0070
FUSE, NON-DETONATING0101
FUSE, SAFETY0105
1-HYDROXYBENZOTRIAZOLE, ANHYDROUS0508
1-HYDROXYBENZOTRIAZOLE, MONOHYDRATE3474
LIGHTERS, FUSE0131
5-MERCAPTOTETRAZOL-1-ACETIC ACID0448
NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose2059
NITROCELLULOSE WITH WATER (not less than 25% water, by mass)2555
NITROCELLULOSE WITH ALCOHOL (not less than 25% alcohol, by mass, and not more than 12.6% nitrogen, by dry mass)

2556

NITROCELLULOSE with not more than 12.6% nitrogen, by dry mass, MIXTURE WITH or WITHOUT PLASTICIZER, WITH OR WITHOUT PIGMENT

2557

4-NITROPHENYLHYDRAZINE, with not less than 30% water, by mass3376
PRIMERS, CAP TYPE0044
PRIMERS, CAP TYPE0378

SODIUM PICRAMATE, dry or wetted with less than 20% water by

mass

0235
SODIUM PICRAMATE, WETTED with not less than 20% water, by mass1349
TETRAZOL-1-ACETIC ACID0407

PART 2FURTHER LIST OF EXPLOSIVES

1.  Ammunition intended for use in small arms.

2.  Ammunition consisting of a propelling charge and an inert projectile intended for use in the industrial tools commonly known as kiln-guns

3.  Blank ammunition intended for use in small arms.

4.  Cartridges, which are empty but with a primer which—

(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378;

(b)are intended for use in small arms; and

(c)would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378.

5.  Cartridges power device which—

(a)is assigned in accordance with the United Nations Recommendations the U.N. no 0275, 0276, 0323 or 0381;

(b)is designed to produce mechanical actions such as inflation, linear or rotary motion, projection of fastening devices or extinguishing agents; and

(c)consists of a casing with a charge of deflagrating explosive and a means of ignition.

6.  A desensitised explosive which is—

(a)a medicinal product as defined in regulation 2 of the Human Medicines Regulations 2012(80); or

(b)a veterinary medicinal product as defined in regulation 2 of the Veterinary Medicines Regulations 2013(81).

7.  A desensitised explosive which is a substance specified in an order made under section 104 or 105 of the Medicines Act 1968(82) which is for the time being in force and which directs that specified provisions of the Human Medicines Regulations 2012 or the Medicines for Human Use (Clinical Trials) Regulations 2004(83) are to have effect in relation to that substance as such provisions have effect in relation to medicinal products as defined in regulation 2 of the Human Medicines Regulations 2012.

8.  Any desensitised explosive acquired, in a quantity not exceeding 5 grams, for the purposes of—

(a)research, analysis or testing at a University;

(b)research, analysis or testing by or on behalf of the Crown; or

(c)the application of forensic science by or on behalf of a police force or the Crown.

9.  Any desensitised explosive acquired, in a quantity not exceeding 1 gram, for the purposes of calibration or testing of explosives detection equipment at a port, airport or any other publicly accessible place.

10.  Explosive articles which—

(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0186, 0272, 0349, 0351 or 0471;

(b)are intended to be used for the propulsion of model rockets or similar articles; and

(c)in respect of each individual explosive article, contain no more than 1 kilogram of explosive.

11.  The explosive substance Isosorbide Dinitrate which has been desensitised by mixture with not less than 60% lactose, mannose starch or calcium hydrogen phosphate and which is—

(a)assigned in accordance with the United Nations Recommendations the U.N. no 2907; and

(b)intended for use as an active pharmaceutical ingredient.

12.  The explosive substance Nitrogen Triiodide with the chemical formulation NI3, in a quantity not exceeding 0.5 grams which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985(84) and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.

13.  A solution of the explosive substance Nitroglycerine in alcohol which is—

(a)assigned in accordance with the United Nations Recommendations the U.N. no 1204 or 3064; and

(b)intended for use as an active pharmaceutical ingredient.

14.  Any pyrotechnic substance, in a quantity not exceeding 0.5 grams, which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.

15.  The explosive substance smokeless powder which is—

(a)assigned in accordance with the United Nations Recommendations the U.N. no 0161 or 0509 or which has been recovered from ammunition or blank ammunition intended for use in firearms; and

(b)acquired by a person who either is registered as a firearms dealer under section 33 of the Firearms Act 1968(85) or holds —

(i)a permit granted under section 7 of that Act(86);

(ii)a firearms certificate granted under section 27 of that Act(87);

(iii)a shotgun certificate granted under section 28 of that Act(88); or

(iv)a permit granted under section 17 of the Firearms (Amendment) Act 1988(89).

16.  A solution of the explosive substance 2,4, 6- Trinitrophenol in a concentration no greater than 2% weight per volume intended for use as an analytical reagent, stain, dye or fixative.

Regulation 5(3)(b)

SCHEDULE 3PYROTECHNIC ARTICLES REQUIRING AN EXPLOSIVES CERTIFICATE

1.  Pyrotechnic articles which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0350, 0352, 0353, 0354, 0355, 0356, 0462, 0463, 0464, 0465, 0466, 0467, 0468, 0469, 0470 or 0472.

2.  Pyrotechnic articles which—

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0349, 0351 or 0471; and

(b)are not intended to be used for the propulsion of model rockets or similar articles.

3.  Pyrotechnic articles which—

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0033, 0034, 0035, 0037, 0038, 0039, 0171, 0254, 0291, 0297, 0299, 0399 or 0400; and

(b)are intended to be dropped as bombs from an aircraft.

4.  Pyrotechnic articles which—

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0451, 0329, 0330, 0450 or 0449; and

(b)are intended to be dropped as torpedoes from an aircraft or dispatched from an installation on land or a vessel.

5.  Tracers for ammunition which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0212 or 0306.

Regulation 15

SCHEDULE 4REGISTERS

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

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

(a)the name of the licensee;

(b)the licensee’s permanent address, unless the licensee’s home address is the licensee’s 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 if any, the description and maximum amount of explosive which may be stored or otherwise present at any one time in any place which is specified in the licence;

(e)the nature of the business of the licensee and the intended use of the explosives;

(f)the kind of explosives manufactured or stored;

(g)where separation distances are required by regulation 27 or by a condition of the licence to be maintained around the store or the building where explosives are manufactured, a plan in a suitable scale sufficient to show those separation distances;

(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 paragraphs 7 and 8, where the licence only relates to explosives which are not relevant explosives, the licensing authority must—

(a)ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence 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 to a member of the public who requests a copy and pays a charge which must not exceed the reasonable cost of providing the copy.

4.  Subject to paragraphs 7 and 8, where the licence relates to explosives which are relevant explosives, whether or not it also relates to other explosives, the licensing authority must —

(a)ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, 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; 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 to such a person as is referred to in sub-paragraph (a) who requests a copy and pays a charge which must not exceed the reasonable cost of providing the copy.

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

6.  The licensee in relation to any site in which explosives are manufactured or stored, must, 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 28 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 do not apply where the information referred to in paragraph 2 is in respect of any site to which a licence 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.  The requirements of paragraphs 3 and 4 do not apply where the information referred to in paragraph 2 is in respect of a licensed site in relation to which regulation 13 did not apply to the licence application for that site by virtue of regulation 13(4)(e), (f) or (g).

9.  Where the licensing authority is a local authority or the ONR, that licensing authority must notify the Executive in writing, within 28 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.

10.  Nothing in this Schedule prevents a licensing authority from disclosing any of the information included in the register it maintains to—

(a)a fire and rescue service;

(b)a joint planning board;

(c)a local planning authority; or

(d)a police force;

for the purposes of the exercise of their respective functions.

11.  For the purposes of paragraph 10, “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(90).

Regulation 27

SCHEDULE 5SEPARATION DISTANCES

1.—(1) In this Schedule—

“brick-built” means having an outer structure which is wholly or mainly of brick, concrete, stone or other similar material;

“bridleway” has the meaning given in the Highways Act 1980(91);

“curtain walling” means the glass, masonry or other cladding which is suspended from the structural framework of a building;

“dangerous goods” means dangerous goods to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(92) apply;

“distance”, save in the definition of “reference zone”, means the minimum distance;

“footpath” has the meaning given in the Highways Act 1980;

“footway” has the meaning given in the Highways Act 1980;

“lightly-used road” means a road used ordinarily by more than 20 and no more than 500 vehicles every 24 hours;

“major road” means a road used ordinarily by more than 10,000 vehicles every 24 hours;

“metal-built” means built wholly or mainly of steel or other metal;

“minor road” means a road used ordinarily by more than 500 vehicles every 24 hours, other than a major road;

“mounded” means surrounded by suitable mounds;

“place of public resort” means a place where more than 100 persons are present, or are likely to be present, at any one time on a weekly or more frequent basis;

“processing” means the packing, unpacking, re-packing, labelling or testing of explosives or the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers;

“protected place of Class A” means a—

(a)

bridleway;

(b)

footpath;

(c)

footway;

(d)

lightly used road; or

(e)

waterway;

“protected place of Class B” means a—

(a)

dock;

(b)

jetty;

(c)

minor road;

(d)

pier;

(e)

railway line;

(f)

reservoir;

(g)

river wall;

(h)

runway for the use of aircraft; or

(i)

sea wall;

“protected place of Class C” means a —

(a)

major road; or

(b)

place of public resort;

“protected place of Class D” means—

(a)

a building, whether a dwelling or not, but not including a vulnerable building;

(b)

a place, other than a building to which paragraph (a) applies, that is used for the storage in bulk of dangerous goods other than goods which are explosives; or

(c)

a place, not within the site where the explosives are stored and other than a building to which paragraph (a) applies, that is used for—

(i)

the storage of explosives; or

(ii)

the manufacture or processing of explosives;

“protected place of Class E” means a vulnerable building;

“protected place of Class F” means a building within the site where the explosives are stored, other than—

(a)

a building that is occupied by a person other than the licensee;

(b)

a building that is a vulnerable building;

(c)

a building that is normally occupied by more than 20 people; or

(d)

a building that is used for the storage in bulk of dangerous goods other than goods which are explosives;

“protected place of Class G” means a building or other place within the site where the explosives are stored that is used for the storage of explosives;

“protected place of Class H” means a building or other place within the site where the explosives are stored that is used for the manufacture or processing of explosives;

“reference zone” means the area around a store having the radius from the centre point of the store specified in column 2 of the relevant Supplementary Table;

“road” means any thoroughfare on which the movement of vehicles is allowed; and

“vulnerable building” means a building or structure of vulnerable construction, that is to say—

(a)

a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling with individual glazed or frangible panels larger than 1.5 m2 and extending over more than 50% or 120 m2 of the surface of any elevation;

(b)

a building of more than three storeys above ground or 12 m in height with solid walls and individual glass panes or frangible panels larger than 1.5 m2 and extending over at least 50% of any elevation;

(c)

a building of more than 400 m2 plan area with continuous or individual glazing panes larger than 1.5 m2 extending over at least 50% or 120 m2 of the plan area; or

(d)

any other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such as progressive collapse.

(2) Any reference in this Schedule to a thoroughfare (however described), jetty, pier, waterway or railway line does not include any part of a thoroughfare, jetty, pier, waterway or railway line within the site—

(a)in which the store is situated; and

(b)which are occupied by the person storing the explosives.

(3) Subject to paragraph 8, any reference in this Schedule to “store” is to the store mentioned in regulation 27(1) in relation to which separation distances are required by that provision to be maintained.

(4) Any reference in this Schedule to a quantity of explosives shown in column 1 of a Table is to—

(a)a quantity in a store; or

(b)in cases where sub-paragraph (b) of paragraph 7 is being relied on, the sum total of the quantity of explosives in a store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies,

which is more than the lower figure but not more than the higher figure in column 1 in the same row of the Table.

(5) Any reference in this Schedule to a building is to a building in or at which people are, or are likely to be, present either all the time or from time to time.

(6) For the purposes of this Schedule, where explosives of different hazard types are in one store, the explosives must be treated as belonging to the hazard type which would require the greatest separation distance for the total quantity of those explosives and the separation distance must be determined in relation to that total quantity.

(7) For the purposes of this Schedule, the radius for a reference zone applying in a particular case is the number in the entry in column 2 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table.

(8) For the purposes of this Schedule, any reference to “bridleway”, “footpath”, “footway” or “waterway” does not include, respectively, a bridleway, footpath, footway used, or waterway navigated, by no more than, ordinarily, 20 persons in any 24 hour period.

(9) For the purposes of this Schedule, an area of low population density is an area where the maximum number of dwellings in a reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table.

(10) Save as stated in paragraph (c) of the definition of “protected place of Class D” and subject to sub-paragraph (2), the references to the places referred to in the definitions from “protected place of Class A” to the definition of “protected place of Class E” are references to such places whether within a site or outside it.

2.  Where the storage is—

(a)of hazard type 1 explosive in a brick-built mounded store, Table 1;

(b)of hazard type 1 explosive in a brick-built unmounded store, Table 2;

(c)of hazard type 1 explosive in a metal-built mounded store, Table 3;

(d)of hazard type 1 explosive in a metal-built unmounded store with no detonator annex attached, Table 4;

(e)of hazard type 1 explosive in a metal-built unmounded store with a detonator annex attached, Table 5;

(f)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in a mounded store, Table 6;

(g)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store, Table 7;

(h)of hazard type 2 explosive, every item being of 0.7 kg net mass or less in a mounded store, Table 8;

(i)of hazard type 2 explosive every item being of 0.7 kg net mass or less in an unmounded store, Table 9

(j)of hazard type 3 explosive, Table 10;

(k)of hazard type 4 explosive, Table 11,

applies, and any reference in this Schedule to a relevant Table is a reference to the Table which applies by virtue of this paragraph.

3.  For each of Table 1, 3, 4 or 5 where that Table applies, a Supplementary Table for determining the separation distance between a store and a dwelling in an area of low population density applies as follows—

(a)for Table 1, Supplementary Table 1A;

(b)for Table 3, Supplementary Table 3A;

(c)for Table 4, Supplementary Table 4A; and

(d)for Table 5, Supplementary Table 5A,

and any reference in this Schedule to a relevant Supplementary Table is a reference to the Supplementary Table which applies by virtue of this paragraph.

4.—(1) Paragraph 5 is subject to paragraph 6.

(2) Paragraphs 5 and 6 are subject to sub-paragraph (b) of paragraph 7 for determining the quantity of explosives to be applied —

(a)for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and

(b)for paragraph 1(7) in relation to the radius for a reference zone,

in cases where sub-paragraph (b) of paragraph 7 is being relied on.

5.  The distance between a store and any protected place of Class A, B, C, D, E, F or H is the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.

6.  Where—

(a)Table 1, 3, 4 or 5 applies; and

(b)the number of dwellings in the reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table,

the distance between a store and any dwelling is the distance (if any) specified in the corresponding entry in column 4 of the Supplementary Table.

7.  The distance between a store and any protected place of Class G is either—

(a)the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table; or

(b)any lesser distance, provided that the quantity of explosives for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and for paragraph 1(7) in relation to the radius for a reference zone, is the sum total of the quantity of explosives in the store and the protected place of Class G for which there is to be any lesser distance.

8.  For cases where sub-paragraph (b) of paragraph 7 is being relied on, paragraph 1(6) has effect as if the reference to “one store” were a reference to the store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies.

Table 1: Hazard Type 1 explosive in a brick-built mounded store

1

Quantity of

explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F distance

(m)

8

Class G

distance

(m)

9

Class H distance

(m)

0.1-25335010010010050918
25-30335010010010050918
30-40345110310310351918
40-50355310610610653918
50-603755110110110551022
60-703756111114114571022
70-803857113118118591122
80-903858115121121611122
90-1003959118125125631122
100-1504364128142142711327
150-2004670139156156781427
200-2505075150169169851630
250-3005480161170170851630
300-3505786172172172861833
350-4006191183183183921833
400-4506497193193193971936
450-500681022042042041021936
500-550681022042042041022456
550-600681022042042161022456
600-650681022042272271132456
650-700681022042312381162456
700-750681022042352491182456
750-800681022042382601192456
800-850681022042422701212456
850-900681022042452801232456
900-950681022042482901242456
950-1000681022042503001252456
1000-1100681022042553191283085
1100-1200681022042593371303085
1200-1300681022042633541323085
1300-1400681022042663701333085
1400-1500681022042693861353085
1500-1600681022042724021363085
1600-1700691042082744161373085
1700-1800721082152774311393085
1800-1900741112222794441403085
1900-2000761142292814581413085
2000-30009514328528557014335106
3000-400010916432832865616438122
4000-500012118136236272418141134
5000- 1000015823747547595023752176
10000-15000183274548548109727459204
15000-20000202303606606121130365225
20000-25000218327653653130632770243
25000-30000232347695695138934775258
30000-40000255383765765153138482275
40000-50000275412825825164941288295
50000-60000292438877877175343894315
60000-70000308461923923184646199345
70000-800003224829659651930482103345
80000-90000335502100410042007502108375
90000-100000347520104010402079520111375

Supplementary Table 1A: Hazard Type 1 explosive in a brick-built mounded store – distances for areas of low population density

1

Quantity of explosives (kg)

2

Reference zone radius (m)

3

Maximum number of dwellings in the reference zone

4

Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded

(m)

0.1-60---
60-7022261111
70-8022763113
80-9023166115
90-10023568118
100-15025781128
150-20027996139
200-250300128150
250-600---
600-1600408206204
1600-1700416214208
1700-1800431229215
1800-1900444244222
1900-2000458259229

Table 2: Hazard Type 1 explosives in a brick-built unmounded store

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1-25477014114114170141141
25-30487214414414472144144
30-40507615115115176151151
40-50538015915915980159159
50-60568416816816884168168
60-70598817617617688176176
70-80619218418418492184184
80-90649619119119196191191
90-100669919919919999199199
100-15077115230230230115230230
150-20085128256256256128256256
200-25092138276276276138276276
250-30098147293293293147293293
300-350103154308308308154308308
350-400107160320320320160320320
400-450110165331331331165331331
450-500113170340340340170340340
500-550116174348348348174348348
550-600118178355355355178355355
600-650120181361361361181361361
650-700122184367367367184367367
700-750124186372372372186372372
750-800126189377377377189377377
800-850127191381381381191381381
850-900128193385385385193385385
900-950130194389389389194389389
950-1000131196392392392196392392
1000-1100133199398398398199398398
1100-1200134202403403403202403403
1200-1300136204408408408204408408
1300-1400137206412412412206412412
1400-1500138208415415415208415415
1500-1600139209418418418209418418
1600-1700140211421421421211421421
1700-1800141212424424431212424424
1800-1900142213426426444213426426
1900-2000143214428428458214428428
2000-3000147221442442570221442442
3000-4000150225449449656225449449
4000-5000151227454454724227454454
5000-10000167251502502950251502502
10000-150001852775545541097277554554
15000-200002023036066061211303606606
20000-250002183276536531306327653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-1000034752010401040207952010401040

Table 3: Hazard Type 1 explosive in a metal-built mounded store

1

Quantity of explosives

(kg)

2

Class A distance

(m)

3

Class B distance

(m)

4

Class C distance

(m)

5

Class D distance

(m)

6

Class E distance

(m)

7

Class F distance

(m)

8

Class G distance

(m)

9

Class H distance

(m)

0.1-1071021234012918
10-2091326294215918
20-30101530334417918
30-40111633374618918
40-50121835404820918
50-601319384248211022
60-701320404452221022
70-801420414657231122
80-901421424761241122
90-1001421434866241122
100-1501624495586281327
150-20018275462104311427
200-25020306069121351630
250-30023346876136381630
300-35025387683151441833
350-40028418390165451833
400-45030458997178491936
450-500324896102191511936
500-5503451102107204542456
550-6003654108111216562456
600-6503857114116227582456
650-7004060119121238612456
700-7504262125126249632456
750-8004365130131260662456
800-8504568135136270682456
850-9004770140140280702456
900-9504873145145290732456
950-10005075150150300752456
1000-11005380159159319803085
1100-12005684168168337843085
1200-13005988177177354893085
1300-14006293185185370933085
1400-15006497193193386973085
1500-1600671002012014021013085
1600-1700691042082084161043085
1700-1800721082152154311083085
1800-1900741112222224441113085
1900-2000761142292294581153085
2000-30009514328528557014335106
3000-400010916432832865616438122
4000-500012118136236272418141134
5000-1000015823747547595023852176
10000-15000183274548548109727459204
15000-20000202303606606121130365225
20000-25000218327653653130632770243
25000-30000232347695695138934875258
30000-40000255383765765153138382275
40000-50000275412825825164941288295
50000-60000292438877877175343894315
60000-70000308461923923184646199345
70000-800003224829659651930482103345
80000-90000335502100410042007502108375
90000-100000347520104010402079520111375

Supplementary Table 3A: Hazard type 1 explosive in a metal-built mounded store – distances for areas of low population density

1

Quantity of explosives (kg)

2

Reference zone radius (m)

3

Maximum number of dwellings in the reference zone

4

Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded (m)

0.1-1041221
10-2052326
20-3060430
30-4066533
40-5071635
50-6075738
60-7079840
70-8081841
80-9083842
90-10086943
100-150971249
150-2001091454
200-2501211860
250-3001362368
300-3501512876
350-4001653483
400-4501783989
450-5001914596
500-55020451102
550-60021657108
600-65022763114
650-70023870119
700-75024977125
750-80026083130
800-85027090135

Table 4: Hazard Type 1 explosive in a metal built unmounded store with no detonator annex attached

1

Quantity of explosives

(kg)

2

Class A distance (m)

3

Class B

distance (m)

4

Class C

distance (m)

5

Class D distance (m)

6

Class E distance (m)

7

Class F distance (m)

8

Class G distance (m)

9

Class H distance (m)

0.1-10811233040153030
10-201014293542183535
20-301116333944203939
30-401218364246214242
40-501319384448224444
50-601320404648234646
60-701421424852244848
70-801422435057255050
80-901522445261265252
90-1001523455566285555
100-1501725506686336666
150-20018285578104397878
200-25020306089121458989
250-30023346810113651101101
300-35025387611215156112112
350-40028418312416562124124
400-45030458913517868135135
450-50032489613819169138138
500-550345110214120471141141
550-600365410814421672144144
600-650385711414722774147147
650-700406011915023875150150
700-750426212515324977153153
750-800436513015626078156156
800-850456813515927080159159
850-900477014016228081162162
900-950487314516529083165165
950-1000507515016830084168168
1000-1100538015917531988175175
1100-1200568416818133791181181
1200-1300598817718735494187187
1300-1400629318519337097193193
1400-15006497193199386100199199
1500-160067100201205402103205205
1600-170069104208211416106211211
1700-180072108215217431108217217
1800-190074111222223444111223223
1900-200076114229229458114229229
2000-300095143285285570143285285
3000-4000109164328328656164328328
4000-5000121181362362724181362362
5000-10000158237475475950237475475
10000-150001832745485481097274548548
15000-200002023036066061211303606606
20000-250002183276536531306653653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-10000034752010401040207952010401040

Supplementary Table 4A: Hazard Type 1 explosive in a metal-built unmounded store with no detonator annex attached – distances for areas of low population density

1

Quantity of explosives (kg)

2

Reference zone radius (m)

3

Maximum number of dwellings in the reference zone

4

Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded

(m)

0.1-1046323
10-2057429
20-3065533
30-4071636
40-5076738
50-6080840
60-7084942
70-8087943
80-90891044
90-100911045
100-1501001250
150-2001101555
200-2501211860
250-3001362368
300-3501512876
350-4001653483
400-4501783989
450-5001914596
500-55020451102
550-60021657108
600-65022764114
650-70023870119
700-75024977125
750-80026084130
800-85027090135
850-90028097140
900-950290104145
950-1000300111150
1000-1100319125159

Table 5: Hazard type 1 explosive in a metal-built un-mounded store with a detonator annex attached

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1-101016314848244848
10-201218365050255050
20-301319385252265252
30-401421415454275454
40-501422435656285656
50-601522455858295858
60-701624476060306060
70-801625496363326363
80-901726517070357070
90-1001827537777397777
100-15021326311011055110110
150-20025377414314372143143
200-25028428417617688176176
250-300314794209209105209209
300-3503552104242242121242242
350-4003857115275275138275275
400-4504262125308308154308308
450-5004364128309309155309309
500-5504466132310310155310310
550-6004568135311311156311311
600-6504669138311311156311311
650-7004771142312312156312312
700-7504873145313313157313313
750-8004974148314314157314314
800-8505176152315315158315315
850-9005278155316316158316316
900-9505379159317317159317317
950-10005481162318318159318318
1000-11005684169319319160319319
1100-12005888175321337161321321
1200-13006191182323354162323323
1300-14006394189325370163325325
1400-15006598195326386163326326
1500-160067101202328402164328328
1600-170070104209330416165330330
1700-180072108215332431166332332
1800-190074111222333444167333333
1900-200076114229335458168335335
2000-300095143285353570177353353
3000-4000109164328370656185370370
4000-5000121181362388724194388388
5000-10000158237475475950237475475
10000-150001832745485481097274548548
15000-200002023036066061211303606606
20000-250002183276536531306327653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-10000034752010401040207952010401040

Supplementary Table 5A:– Hazard Type 1 explosive in a metal-built un-mounded store with a detonator annex attached – distances for areas of low population density

1

Quantity of

Explosives

(kg)

2

Reference zone radius (m)

3

Maximum number of dwellings in the reference zone

4

Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded

(m)

0.1 -1062531
10-2071636
20-3077738
30-4082841
40-5086943
50-60901045
60-70941147
70-80981249
80-901021351
90-1001061453
100-1501272063
150-2001472774
200-2501683584
250-3001884494
300-35020954104
350-40022965115
400-45025077125
450-50025781128
500-55026385132
550-60027090135
600-65027795138
650-70028499142
700-750290104145
750-800297109148
800-850304114152
850-900310119155
900-950317124159
950-1000324129162
1000-1100337140169
1100-1200351152175
1200-1300364163182
1300-1400377176189
1400-1500391188195
1500-1600404202202
1600-1700418215209
1700-1800431229215
1800-1900444244222
1900-2000458259229
2000-3000570401285
3000-4000656530328
4000-5000724647362

Table 6: Hazard Type 2 explosive, some or all items being of more than 0.7kg net mass in a mounded store

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1 - 252030606012030932
25-302030606012030932
30-402537747414837932
40-502944888817644932
50-603349999919849946
60-70365410810821654946
70-80395811611623258946
80-90416112312324661946
90-100436412912925864946
100-150517615215230476961
150-200568416816833684961
200-250609118118136291969
250-300649619119138296969
300-350671002002004001001075
350-400691042072074141041075
400-450711072132134261071079
450-500731102192194381101079
500-550751122242244481121092
550-600761152292294581151092
600-650781172332334661171092
650-700791192372374741191092
700-750801202412414821201092
750-800811222442444881221092
800-850831242482484961241092
850-900841252512515021251092
900-950841272532535061271092
950-1000851282562565121281092
1000-11008713126126152213111105
1100-12008913326626653213311105
1200-13009013527027054013511105
1300-14009113727427454813711105
1400-15009213927727755413911105
1500-16009314028028056014011105
1600- 17009514228428456814211105
1700-18009514328628657214311105
1800-19009614528928957814511105
1900-20009714629229258414611105
2000-300010415631231262415612112
3000-400010916332632665216313117
4000-500011216833733767416814121
5000-1000012318537037074018517133
10000-1500012919438838877619420140
15000-2000013420140140180220122144
20000-2500013720641141182220624148
25000-3000014021041941983821026151
30000-4000014421643143186221629156
40000-5000014722044144188222032159
50000-6000015022444944989822435162
60000-7000015222745545591022736166
70000-8000015323046046092023038166
80000-9000015523346546593023339170
90000-10000015723547047094023540170

Table 7: Hazard Type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1-2520306060120306060
25-3020306060120306060
30-4025377474148377474
40-5029448888176448888
50-6033499999198499999
60-70365410810821654108108
70-80395811611623258116116
80-90416112312324661123123
90-100436412912925864129129
100-150517615215230476152152
150-200568416816833684168168
200-250609118118136291181181
250-300649619119138296191191
300-35067100200200400100200200
350-40069104207207414104207207
400-45071107213213426107213213
450-50073110219219438110219219
500-55075112224224448112224224
550-60076115229229458115229229
600-65078117233233466117233233
650-70079119237237474119237237
700-75080120241241482120241241
750-80081122244244488122244244
800-85083124248248496124248248
850-90084125251251502125251251
900-95084127253253506127253253
950-100085128256256512128256256
1000-110087131261261522131261261
1100-120089133266266532133266266
1200-130090135270270540135270270
1300-140091137274274548137274274
1400-150092139277277554139277277
1500-160093140280280560140280280
1600-170095142284284568142284284
1700-180095143286286572143286286
1800-190096145289289578145289289
1900-200097146292292584146292292
2000-3000104156312312624156312312
3000-4000109163326326652163326326
4000-5000112168337337674168337337
5000-10000123185370370740185370370
10000-15000129194388388776194388388
15000-20000134201401401802201401401
20000-25000137206411411822206411411
25000-30000140210419419838210419419
30000-40000144216431431862216431431
40000-50000147220441441882220441441
50000-60000150224449449898224449449
60000-70000152227455455910227455455
70000-80000153230460460920230460460
80000-90000155233465465930233465465
90000-100000157235470470940235470470

Table 8: Hazard Type 2 explosive every item being of 0.7kg net mass or less in a mounded store

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1-25121837377418915
25-30131938387619915
30-40142041418220915
40-50142243438622915
50-60152245459022918
60-70162347479423918
70-80162448489624918
80-90162549499825918
90-1001725515110225918
100-1501928565611228922
150-2002030606012030922
200-2502132636312632924
250-3002233666613233924
300-35023346868136341025
350-40024357171142351025
400-45024367373146361027
450-50025377474148371027
500-55025387676152381031
550-60026397878156391031
600-65026397979158391031
650-70027408080160401031
700-75027418282164411031
750-80028418383166411031
800-85028428484168421031
850-90028438585170431031
900-95029438686172431031
950-100029448787174441031
1000-110030448989178441136
1100-120030459191182451136
1200-130031469292184461136
1300-140031479494188471136
1400-150032489595190481136
1500-160032489797194481136
1600-170033499898196491136
1700-180033509999198501136
1800-19003350100100200501136
1900-20003451101101202511136
2000-30003755110110220551240
3000-40003959117117234591342
4000-50004161122122244611444
5000-100004770140140280701750
10000-150005076151151302762054
15000-200005380159159318802257
20000-250005583166166332832460
25000-300005786171171342862662
30000-400006090180180360902966
40000-500006294187187377943268
50000-600006497193193386973570
60000-700006699198198396993674
70000-80000671012022024041013874
80000-90000691032062064121033976
90000-100000701052102104201054076

Table 9: Hazard Type 2 explosive every item being of 0.7kg net mass or less in an unmounded store

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1-251218373774183737
25-301319383876193838
30-401420414182204141
40-501422434386224343
50-601522454590224545
60-701623474794234747
70-801624484896244848
80-901625494998254949
90-10017255151102255151
100-15019285656112285656
150-20020306060120306060
200-25021326363126326363
250-30022336666132336666
300-35023346868136346868
350-40024357171142357171
400-45024367373146367373
450-50025377474148377474
500-55025387676152387676
550-60026397878156397878
600-65026397979158397979
650-70027408080160408080
700-75027418282164418282
750-80028418383166418383
800-85028428484168428484
850-90028438585170438585
900-95029438686172438686
950-100029448787174448787
1000-110030448989178448989
1100-120030459191182459191
1200-130031469292184469292
1300-140031479494188479494
1400-150032489595190489595
1500-160032489797194489797
1600-170033499898196499898
1700-180033509999198509999
1800-1900335010010020050100100
1900-2000345110110120251101101
2000-3000375511011022055110110
3000-4000395911711723459117117
4000-5000416112212224461122122
5000-10000477014014028070140140
10000-15000507615115130276151151
15000-20000538015915931880159159
20000-25000558316616633283166166
25000-30000578617117134286171171
30000-40000609018018036090180180
40000-50000629418718737794187187
50000-60000649719319338697193193
60000-70000669919819839699198198
70000-8000067101202202404101202202
80000-9000069103206206412103206206
90000-10000070105210210420105210210

Table 10: Hazard Type 3 explosive

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1-25000000912
25-3071020202010912
30-4071122222211912
40-5081223232312912
50-6081225252512915
60-7091326262613915
70-8091427272714915
80-9091428282814915
90-100101529292915915
100-150111734343417918
150-200121937373719918
200-2501320404040201021
250-3001421434343211021
300-3501522454545221123
350-4001623474747231123
400-4501624494949241225
450-5001725505050251225
500-5501726525252261432
550-6001827545454271432
600-6501828555555281432
650-7001928565656281432
700-7501929585858291432
750-8002029595959291432
800-8502030606060301432
850-9002031616161311432
900-9502131626262311432
950-10002132646464321432
1000-11002233666666331740
1100-12002234676767341740
1200-13002335696969351740
1300-14002436717171361740
1400-15002436737373361740
1500-16002537747474371740
1600-17002538767676381740
1700-18002639777777391740
1800-19002639797979391740
1900-20002740808080401740
2000-30003146929292461946
3000-40003450101101101502050
4000-50003654109109109542254
5000-100004668137137137682868
10000-150005278157157157783378
15000-200005786172172172863786
20000-250006293186186186934193
25000-300006699197197197994498
30000-400007210921721721710947110
40000-500007811723423423411750120
50000-600008312424924924912454130
60000-700008713126226226213158140
70000-800009113727427427413763140
80000-900009514228528528514267150
90000-1000009814729529529514770150

Table 11: Hazard Type 4 explosive

1

Quantity of explosives

(kg)

2

Class A

distance

(m)

3

Class B

distance

(m)

4

Class C

distance

(m)

5

Class D

distance

(m)

6

Class E

distance

(m)

7

Class F

distance

(m)

8

Class G

distance

(m)

9

Class H

distance

(m)

0.1-250000000911
250-300111111911
300-340112221911
340-370123332911
370-400124442911
400-450235553911
450-500236663911
500-550247774912
550-650359995912
650-700351010105912
700-750461111116912
750-800461212126912
800-900471313137912
900-950571414147912
950-1000581515158912
1000-11005816161681219
1100-11506917171791219
1150-12006918181891219
1200-1300610191919101219
1300-1350710202020101219
1350-1400711212121111219
1400-1450711222222111219
1450-1550812232323121219
1550-1600812242424121219
1600-1650813252525131219
1650-1700913262626131219
1700-1800914272727141219
1800-1850914282828141219
1850-19001015292929151219
1900-20001015303030151219
2000-30001320404040201423
3000-40001320404040201624
4000-50001523454545231725
5000-100001726515151262227
10000-150001827545454272427
15000-200001828565656282527
20000-250001929575757292627
25000-300002030595959302727
30000-400002030606060302727
40000-500002031616161312727
50000-600002031616161312727
60000-700002131626262312727
70000-800002132636363322727
80000-900002132636363322727
90000-1000002132646464322727

Regulation 33(2)(a)

SCHEDULE 6UNIQUE IDENTIFICATION FOR CIVIL EXPLOSIVES

1.  Subject to paragraph 2, the unique identification must comprise—

(a)a part which can be read by a human being containing the following—

(i)the name of the manufacturer;

(ii)an alphanumeric code containing—

(aa)two letters identifying the EEA State (place of production or import onto the market of the EEA States);

(bb)three digits identifying the site of manufacture; and

(cc)the unique product code and logistical information designed by the manufacturer; and

(b)a part which can be read electronically in barcode or matrix code format, or both, which relates directly to the alphanumeric identification code.

2.  For articles too small to affix the unique product code and logistical information designed by the manufacturer, the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 is sufficient for the purposes of the unique identification.

Regulation 33(1), (5) and (7)

SCHEDULE 7MARKING OR AFFIXING THE UNIQUE IDENTIFICATION TO CIVIL EXPLOSIVES

Cartridged explosives and explosives in sacks

1.  For a cartridged explosive and any explosive in sacks—

(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, each cartridge or sack;

(b)an associated label must be placed on each case of cartridges; and

(c)a passive inert electronic tag may be attached to each cartridge or sack and an associated electronic tag attached to each case of cartridges.

Packaged two-component explosives

2.  Subject to paragraph 10(1), for a packaged two-component explosive, the unique identification must be on an adhesive label attached to, or be directly printed on, each smallest packaging unit containing the two components.

Plain detonators

3.  For plain detonators—

(a)subject to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Electric, non-electric and electronic detonators

4.  For electric, non-electric and electronic detonators—

(a)subject to paragraph 10(1), the unique identification must—

(i)be on an adhesive label attached to the wires or tube; or

(ii)be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Primers and boosters

5.  For primers and boosters—

(a)subject, in the case of boosters, to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed on, the primer or booster;

(b)an associated label must be placed on each case of primers or boosters; and

(c)a passive inert electronic tag may be attached to each primer or booster and an associated tag attached to each case of primers or boosters.

Detonating cords

6.  For detonating cords—

(a)the unique identification must be on an adhesive label attached to, or be directly printed on, the bobbin;

(b)subject to paragraph 10(1) and (3), the unique identification must be marked every five meters on either the external envelope of the cord or the plastic extruded inner layer immediately under the exterior fibre of the cord;

(c)an associated label must be placed on each case of detonating cord; and

(d)a passive inert electronic tag may be inserted within the cord and an associated tag attached to each case of cord.

Cans, boxes and drums containing explosives

7.  For cans, boxes and drums containing any explosive—

(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, the can, box or drum containing the explosive; and

(b)a passive inert electronic tag may be attached to each can, box and drum.

Civil explosives not referred to in paragraphs 1 to 7

8.  Each civil explosive item in respect of a civil explosive not referred to in paragraphs 1 to 7 must, subject to paragraph 10(1), be marked with the unique identification.

General

9.  Where adhesive detachable copies of labels showing the unique identification are attached to civil explosive articles, containers or each smallest packaging unit concerned for use by other persons, those copies must be clearly marked as copies of the original.

Small explosive articles

10.—(1) For articles smaller than those to which paragraph 2 of Schedule 6 applies, which are too small to affix the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 of Schedule 6 or where it is technically impossible due to their shape or design to affix a unique identification—

(a)the unique identification specified in paragraph 1 of that Schedule must be affixed on each smallest packaging unit; and

(b)that packaging unit must be closed with a seal.

(2) In the case of each plain detonator or booster to which sub-paragraph (1) applies—

(a)the requirements of, respectively, paragraphs 3(a) and 5(a) do not apply;

(b)the information under sub-paragraph (a)(ii)(aa) and (bb) of paragraph 1 of Schedule 6 must be marked, in a durable and clearly legible way, on, as the case may be, the plain detonator or booster; and

(c)the number of plain detonators or boosters contained in each smallest packaging unit must be printed on that unit.

(3) In the case of each detonating cord to which sub-paragraph (1) applies—

(a)the requirements of paragraph 6(b) do not apply; and

(b)the unique identification referred to in paragraph 1 of Schedule 6 must be marked on the reel or spool and on any smallest packaging unit.

(4) For the purposes of this paragraph, the smallest packaging unit means the smallest packaging unit on which it is possible to affix the unique identification specified in paragraph 1 of Schedule 6.

Regulation 38

SCHEDULE 8MEANING OF “PLASTIC EXPLOSIVE” AND “DETECTION AGENT”

PART 1PLASTIC EXPLOSIVE

1.  For the purposes of regulation 38, “plastic explosive” means an explosive substance, commonly known as “plastic explosive”, including such substance in flexible or elastic sheet form and whether or not contained in an explosive article, which is—

(a)formulated with one or more high explosives which in their pure form have a vapour pressure less than 10−4 Pa at a temperature of 25°C;

(b)formulated with a binder material; and

(c)malleable or flexible at normal room temperature.

2.  The following explosives, even if meeting the description of plastic explosives in paragraph 1, are not to be regarded as plastic explosives for the purposes of regulation 38 as long as their manufacture or possession continues to be to a quantity and for a purpose specified in any of sub-paragraphs (a) to (c) of this paragraph, namely any explosive—

(a)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful research, development or testing of new or modified explosives;

(b)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful training in explosives detection or development or testing of explosives detection equipment; or

(c)the manufacture or possession of which is to a quantity no greater than is necessary for, and is solely for, the purpose of lawful forensic science.

3.  In this Part “high explosives” include, but are not restricted to, cyclotetramethylenetetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX).

PART 2DETECTION AGENTS

Table

(1)

Name of detection agent

(2)

Minimum concentration

Ethylene glycol dinitrate (EGDN)

2,3-Dimethyl-2,3-dinitrobutane (DMNB)

para-Mononitrotoluene (p-MNT)

0.2% by mass

1.0% by mass

0.5% by mass

Regulation 39

SCHEDULE 9ESSENTIAL SAFETY REQUIREMENTS

(This Schedule reproduces, with minor modifications, the provisions of Annex 1 to the Civil Uses Directive)

PART 1GENERAL REQUIREMENTS

1.  Each civil explosive must be designed, manufactured and supplied in such a way as to present a minimal risk to the safety of human life and health, and to prevent damage to property and the environment under normal, foreseeable conditions, in particular as regards the safety rules and standard practices until such time as it is used.

2.  Each civil explosive must attain the performance characteristics specified by the manufacturer in order to ensure maximum safety and reliability.

3.  Each civil explosive must be designed and manufactured in such a way that when appropriate techniques are employed it can be disposed of in a manner which minimises effects on the environment.

PART 2SPECIAL REQUIREMENTS

4.  As a minimum, the following information and properties—where appropriate—must be considered or tested. Each civil explosive should be tested under realistic conditions. If this is not possible in a laboratory, the tests should be carried out in the conditions in which the civil explosive is to be used.

(a)Design and characteristic properties, including chemical composition, degree of homogeneity and, where appropriate, dimensions and grain size distribution.

(b)The physical and chemical stability of the civil explosive in all environmental conditions to which it may be exposed.

(c)Sensitiveness to impact and friction.

(d)Compatibility of all components as regards their physical and chemical stability.

(e)The chemical purity of the civil explosive.

(f)Resistance of the civil explosive against influence of water where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by water.

(g)Resistance to low and high temperatures, where the civil explosive is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the civil explosive as a whole.

(h)The suitability of the civil explosive for use in hazardous environments (e.g. firedamp atmospheres, hot masses, etc.) if it is intended to be used under such conditions.

(i)Safety features intended to prevent untimely or inadvertent initiation or ignition.

(j)The correct loading and functioning of the civil explosive when used for its intended purpose.

(k)Suitable instructions and, where necessary, markings in respect of safe handling, storage, use and disposal in the official language or languages of the recipient EEA state.

(l)The ability of the civil explosive, its wrapping or other components to withstand deterioration during storage until the “use by” date specified by the manufacturer.

(m)Specification of all devices and accessories needed for reliable and safe functioning of the civil explosive.

5.  The various groups of civil explosives must at least also comply with the following requirements:

(a)Blasting Explosives

(i)The proposed method of initiation must ensure safe, reliable and complete detonation or deflagration as appropriate, of the blasting explosive. In the particular case of black powder, it is the capacity as regards deflagration which is to be checked.

(ii)Blasting explosives in cartridge form must transmit the detonation safely and reliably from one end of the train of cartridges to the other.

(iii)The fumes produced by blasting explosives intended for underground use may contain carbon monoxide, nitrous gases, other gases, vapours or airborne solid residues only in quantities which do not impair health under normal operating conditions.

(b)Detonating cords, safety fuses, other fuses and shock tubes

(i)The covering of detonating cords, safety fuses and other fuses must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal mechanical stress.

(ii)The parameters for the burning times of safety fuses must be indicated and must be reliably set.

(iii)Detonating cords must be capable of being reliably initiated, be of sufficient initiation capability and comply with requirements as regards storage even in particular climatic conditions.

(c)Detonators (including delay detonators) and relays

(i)Detonators must reliably initiate the detonation of the blasting explosives which are intended to be used with them under all foreseeable conditions of use.

(ii)Delay connectors for detonating cords must be reliably initiated.

(iii)The initiation capability must not be adversely affected by humidity.

(iv)The delay times of delay detonators must be sufficiently uniform to ensure that the probability of overlapping of the delay times of adjacent time steps is insignificant.

(v)The electrical characteristics of electric detonators must be indicated on the packaging (e.g. no-fire current, resistance, etc.).

(vi)The wires of electric detonators must be of sufficient insulation and mechanical strength including the solidity of the link to the detonator, taking account of their intended use.

(d)Propellants and rocket propellants

(i)These materials must not detonate when used for their intended purpose.

(ii)Propellants where necessary (e.g. those based on nitrocellulose) must be stabilised against decomposition.

(iii)Solid rocket propellants, when in compressed or cast form, must not contain any unintentional fissures or gas bubbles which dangerously affect their functioning.

Regulation 42(3)

SCHEDULE 10CONFORMITY MARKING

The CE conformity marking must consist of the initials “CE” taking the following form:

The marking may be reduced or enlarged but the proportions given in the above drawing must be respected.

Regulation 43

SCHEDULE 11ENFORCEMENT WITHIN GREAT BRITAIN

PART 1INTRODUCTORY

1.—(1) This Schedule makes provision for the enforcement of these Regulations within Great Britain.

(2) Despite sub-paragraph (1), nothing in paragraphs 2 to 12 or 14 applies for the purpose of making any person responsible for the enforcement of these Regulations as they apply—

(a)on sites which are GB nuclear sites; or

(b)on any part of a site which is, or forms part of, a GB nuclear site(93).

(3) The provisions of this Schedule apply despite the provisions of the Health and Safety (Enforcing Authority) Regulations 1998(94).

PART 2ENFORCEMENT OF PROVISIONS

Enforcement in respect of the manufacture and storage of explosives

2.—(1) A licensing authority is the enforcing authority for the manufacture and storage provisions—

(a)for a site in relation to which it has granted a person a licence;

(b)where, in relation to a deemed licence, it would have been the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence had been made under these Regulations;

(c)where, in any case other than those mentioned in paragraphs (a) and (b)—

(i)it would be the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence is, or should have been, made under these Regulations; or

(ii)it would have been the licensing authority had the requirements of paragraph (1) of regulation 6 not been disapplied by paragraph (2) of that regulation or the requirements of paragraph (1) of regulation 7 not been disapplied by paragraph (2) of that regulation.

(2) In this paragraph—

(a)“deemed licence” means—

(i)any licence deemed by regulation 47(1) to be a licence granted under regulation 13;

(ii)any licence deemed to be held by a person pursuant to regulation 47(12); and

(iii)any registration deemed by regulation 47(2) to be a licence granted under regulation 13;

(b)“manufacture and storage provisions” means—

(i)regulations 6, 7, 23, 26, 27 and 30 as they apply otherwise than in respect of the manufacture and storage of ammonium nitrate blasting intermediate;

(ii)regulation 29 as it applies to the manufacture and storage of chlorate mixtures.

3.  A licensing authority is the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999(95) in relation to the manufacture or storage of explosives for which it is the enforcing authority by virtue of paragraph 2.

4.  The enforcing authority for regulation 13(8) as it applies in respect of the manufacture and storage of any explosive and for regulations 6, 7, 23, 26, 27 and 30 as they apply in respect of the manufacture and storage of ammonium nitrate blasting intermediate is—

(a)in relation to manufacture or storage on an authorised defence site or a new nuclear build site, the ONR;

(b)otherwise, the Executive.

Enforcement in respect of discarding, disposal and decontamination

5.  The licensing authority is the enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a site in relation to which it has granted that or any other person a licence.

6.—(1) The enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a place other than a site in relation to which a person holds a licence is—

(a)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the Executive in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the Executive;

(b)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the ONR in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the ONR;

(c)where neither paragraph (a) or (b) applies—

(i)in any case where the local authority is by virtue of the 1998 Regulations the enforcing authority for the premises, or part of premises, at which the disposal or decontamination is carried out, the local authority;

(ii)otherwise, the Executive.

(2) In this paragraph, “local authority” in sub-paragraph 1(c) has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998(96).

Enforcement in respect of import of chlorate mixtures

7.  The Executive is the enforcing authority for regulation 29 as it applies to the import of pyrotechnic substances or pyrotechnic articles which consist of sulphur or phosphorous mixed with chlorate of potassium or other chlorates.

Enforcement in respect of acquisition and supply of fireworks

8.  The enforcing authority for regulation 9 is—

(a)for a site in relation to which it has granted a person a licence, the Executive;

(b)subject to sub-paragraph (a), a local authority which is a licensing authority in the area of that local authority.

Enforcement in respect of explosives certificates and access to relevant explosives

9.—(1) The enforcing authority for regulations 5, 11(5), 21(4), 31, 32 and 37 in any area of Great Britain is the chief officer of police for that area.

(2) Despite sub-paragraph (1), the enforcing authority for regulations 31, 32 and 37 against a police force, any member of a police force or any relevant person is—

(a)so far as the relevant regulation applies in relation to activities carried out on, or in relation to, any authorised defence site or a new nuclear build site, the ONR;

(b)otherwise, the Executive.

(3) For the purposes of this paragraph “relevant person” means a person—

(a)appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff); or

(b)appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff).

Enforcement in respect of identification and traceability

10.  The enforcing authority for regulation 33—

(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is that chief officer of police;

(b)at an authorised defence site or a new nuclear build site, is the ONR;

(c)otherwise, is the Executive.

11.—(1) The enforcing authority for regulation 34 is the Executive.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 34 to the extent that it imposes requirements on manufacturers who—

(a)are established in Great Britain; and

(b)manufacture explosives on an authorised defence site or a new nuclear build site.

Enforcement in respect of record keeping

12.—(1) The enforcing authority for regulation 35 is—

(a)the Executive—

(i)in respect of any place within a site in relation to which it is the licensing authority;

(ii)subject to paragraph (b)(ii), in respect of any place occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence;

(iii)in respect of any place below ground in any mine;

(iv)subject to paragraph (b)(iii), against a police force, any member of a police force or relevant person;

(b)the ONR—

(i)in respect of any place within a site in relation to which it is the licensing authority;

(ii)in respect of any place within an authorised defence site or a new nuclear build site;

(iii)against a police force, any member of a police force or any relevant person, so far as regulation 35 applies in relation to activities carried out on, or in relation to, any authorised defence site or new nuclear build site;

(c)in any other case, the chief officer of police for the area.

(2) In this paragraph “relevant person” has the meaning given in paragraph 9.

13.  The enforcing authority for regulation 36—

(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is, subject to sub-paragraph (b), that chief officer of police;

(b)at a site which is, or forms part of, an authorised defence site or a new nuclear build site, is the ONR;

(c)in any other case, is the Executive.

Enforcement in respect of unmarked plastic explosives

14.—(1) The enforcing authority for regulation 38 is the Executive.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for paragraphs (1) and (2) of regulation 38 as they apply on, or in relation to, an authorised defence site or a new nuclear build site.

Enforcement in respect of transfers, and the placing on the market, of civil explosives

15.—(1) The Executive is the enforcing authority for regulation 8 and Part 13.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 8 as it applies on, or in relation to, any activity carried out wholly or mainly on an authorised defence site or a new nuclear build site.

Regulation 45

SCHEDULE 12ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES

1.  This Schedule applies in relation to the enforcement of —

(a)regulation 8, to the extent that it is made under section 2(2) of the European Communities Act 1972(97), by the Executive or the ONR; and

(b)Part 13 by the Executive.

2.  In relation to the enforcement of the provisions referred to in paragraph 1 —

(a)sections 19 to 28, 33 to 35, 38, 39, 41 and 42 of, and Schedule 3A to, the 1974 Act apply as provided in paragraph 3; and

(b)sections 36(1) and (2) and 37 of the 1974 Act apply in relation to offences under section 33 of the 1974 Act as applied by paragraph (a) and the modifications specified in paragraph 3.

3.  For the purposes of the enforcement of the provisions referred to in paragraph 1, and in respect of any related proceedings for a contravention of any of those provisions, the provisions of the 1974 Act mentioned in paragraph 2 apply as if—

(a)any reference to the relevant statutory provisions were a reference to —

(i)those provisions modified by this paragraph; and

(ii)regulation 8 and Part 13 of these Regulations;

(b)any reference to an enforcing authority or a responsible enforcing authority were a reference to the Executive or the ONR, as the case may be;

(c)any reference to the field of responsibility, however expressed were omitted;

(d)in section 20—

(i)subsection 2(h), the reference to any article or substance which appears to an inspector to have caused or to be likely to cause danger to health or safety included a reference to any civil explosive item which an inspector has reasonable cause to believe will be unlawfully acquired, used or dealt in;

(ii)the reference in subsection (2)(i) to “the preceding paragraph” included also a reference to subsection (2)(h) as modified by this paragraph;

(iii)subsection (3) were omitted;

(iv)the reference to subsection (2)(h) in subsections (4) and (5) included also a reference to subsection (2)(h) as modified by this paragraph; and

(v)the reference to subsection (2)(i) in subsection (6) included also a reference to subsection (2)(i) as modified by this paragraph;

(e)section 22 permitted an inspector to serve a prohibition notice, in addition to the circumstances specified in that section, in any case where—

(i)a manufacturer, or any person acting as agent for the manufacturer, or, failing them, the person responsible for placing the explosives on the market, has failed to comply with the requirements of regulation 42 in relation to the CE marking; and

(ii)the manufacturer, agent or the person responsible for placing the explosives on the market, as the case may be, has been served with a notice under paragraph 4 of this Schedule or an improvement notice under section 21 of the 1974 Act in respect of that failure and has continued to fail to comply after the period for remedying the contravention specified in the respective notice;

(f)subsections (3), (4) and (6) of section 23 were omitted;

(g)in section 33 —

(i)in subsection (1) —

(aa)paragraphs (a), (b) and (d) were omitted;

(bb)in paragraph (c), any reference to health and safety regulations were a reference to regulation 8 and Part 13; and

(ii)subsection (3) were omitted; and

(h)in section 34 —

(i)paragraphs (a) and (b) of subsection (1) were omitted; and

(ii)in subsection (3), the reference to six months were a reference to twelve months.

Civil explosives which do not satisfy the requirements of regulation 39(1)(a) and (b)

4.  Where it is satisfied that the CE marking has been affixed to civil explosives but that the civil explosives do not satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39, the Executive may serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure that the civil explosives do satisfy the requirements of those sub-paragraphs.

5.  Where it is satisfied that civil explosives in respect of which a notice has been served in accordance with paragraph 4 continue not to satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39, the Executive may serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure the civil explosives are withdrawn from the market.

Explosives which may compromise safety when used for their intended purpose

6.  Where it is satisfied that civil explosives to which the CE marking has been affixed may compromise safety when being used for their intended purpose, the Executive may serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure the civil explosives are withdrawn from the market.

Supplementary provisions

7.  A notice referred to in paragraph 4 or 5 may be served on—

(a)the manufacturer of the civil explosives or any person acting as agent for the manufacturer; or, failing them,

(b)the person responsible for placing the civil explosives on the market.

8.  A notice referred to in paragraph 6 may be served on any person the Executive has reasonable grounds for believing is in a position to take the measures specified in the notice.

9.  A notice referred to in paragraphs 4 to 6—

(a)must specify measures to be taken under the notice,

(b)may be subject to conditions, and

(c)must—

(i)have immediate effect; or

(ii)allow such time for compliance as the Executive specifies in the notice.

Regulation 48(1)

SCHEDULE 13AMENDMENTS

PART 1AMENDMENTS TO PRIMARY LEGISLATION

Explosives Act 1875

1.—(1) The Explosives Act 1875(98) is amended as follows.

(2) Omit sections 23 and 61.

(3) In section 74 (seizure and detention of explosives liable to forfeiture) —

(a)in the opening words, omit “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”;

(b)in subsection (1)—

(i)for the words from “he is an inspector” to “a justice”, substitute “he is authorised by an order from a justice”; and

(ii)omit “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; and

(c)after subsection (6), omit the words from “In this section” to the end of the section.

London Building Act 1930

2.  In section 143 of the London Building Act 1930(99) (regulations for building near dangerous business), in subsection (4)(a), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “the Explosives Regulations 2014”.

Fireworks Act 1951

3.  The Fireworks Act 1951(100) is repealed.

Customs and Excise Management Act 1979

4.  In section 75(1) of the Customs and Excise Management Act 1979(101) (explosives), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “the Explosives Regulations 2014”.

Isle of Man Act 1979

5.  In section 8(2) of the Isle of Man Act 1979(102) (removal of goods from Isle of Man to United Kingdom)—

(a)at the end of paragraph (b) insert “or”; and

(b)for paragraphs (c) and (d) substitute —

(c)any explosives the importation of which into the United Kingdom is prohibited by regulation 29 of the Explosives Regulations 2014..

Environmental Protection Act 1990

6.  In section 142(7) of the Environmental Protection Act 1990(103) (powers to obtain information about potentially hazardous substances), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “the Explosives Regulations 2014”.

Fireworks Act 2003

7.  In section 14(2) of the Fireworks Act 2003(104) (prohibition of supply etc. of other explosives), for “the Explosives Act 1875 (c. 17)” substitute “the Explosives Regulations 2014”.

Energy Act 2013

8.—(1) The Energy Act 2013(105) is amended as follows.

(2) In Schedule 12 (minor and consequential amendments relating to Part 3), omit paragraphs 50 to 52.

PART 2AMENDMENTS TO SECONDARY LEGISLATION

The Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969

9.  In Schedule 1 to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969(106) (exempted matter), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “the Explosives Regulations 2014”.

The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974

10.  In Schedule 2 to the Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974(107) (the Explosives Act 1875: modifications), omit paragraph 5.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

11.  The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(108) is amended as follows—

(a)in paragraph 8 of Part III of Schedule 1 (excepted professions, offices, employments, work and occupations), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “regulations 4, 5 and 11 of the Explosives Regulations 2014”;

(b)in paragraph 3 of Schedule 2 (excepted licences, certificates and permits), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “regulations 4, 5 and 11 of the Explosives Regulations 2014”; and

(c)for paragraph 13 of Schedule 3 (excepted proceedings) substitute—

13.  Proceedings in respect of—

(a)an application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the Explosives Regulations 2014 (“the 2014 Regulations”) as to the fitness of the applicant to acquire or acquire and keep explosives, including consideration as to whether to refuse the application on any of the grounds specified in regulation 19 of the 2014 Regulations;

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;

(c)an appeal or application pursuant to regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21..

The Isles of Scilly (Functions) Order 1979

12.  In article 3(e) of the Isles of Scilly (Functions) Order 1979(109) —

(a)omit “the Explosives Act 1875;”; and

(b)for “the Manufacture and Storage of Explosives Regulations 2005” substitute “the Explosives Regulations 2014”.

The Dangerous Substances in Harbour Areas Regulations 1987

13.  Regulation 33 of the Dangerous Substances in Harbour Areas Regulations 1987(110) (Application of Part IX) is amended as follows—

(a)in sub-paragraph (b) of paragraph 1, for the words from “article 8” to “Order 2001” substitute “article 11 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013(111)”; and

(b)in sub-paragraph (e) of paragraph 2—

(i)in paragraph (i), for “ licensed under the Manufacture and Storage of Explosives Regulations 2005” substitute “in relation to which a person holds a licence under the Explosives Regulations 2014 (“the 2014 Regulations”)”; and

(ii)for paragraph (ii), substitute—

(ii)in relation to which a person is deemed to be licensed under the 2014 Regulations by virtue of regulation 47(1) of those Regulations in cases where, in relation to that deemed licence, the assent of the local authority would have been required pursuant to regulation 13(3) of the 2014 Regulations had a licence been applied for under those Regulations;.

The Planning (Hazardous Substances) Regulations 1992

14.—(1) Schedule 1 to the Planning (Hazardous Substances) Regulations 1992(112) (hazardous substances and controlled quantities) is amended as follows.

(2) In column 1 of entry number 54 in Part A as it applies in England, for paragraph (1) substitute—

(1) cellulose nitrate —

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or.

(3) In column 1 of entry number 54 in Part A as it applies in Wales, for paragraph (1) substitute—

(1) cellulose nitrate—

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or.

(4) In Part B as it applies in England—

(a)in column 1 of entry 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations, or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987; and

(b)in column 1 of entry 5, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987.

(5) In Part B as it applies in Wales—

(a)in column 1 of entry 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987; and

(b)in column 1 of entry 5, for the words from “EXPLOSIVE” to “Regulations 1987 substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987.

Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993

15.  In regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993(113) (interpretation), in the definition of “explosives store” for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “under the Explosives Regulations 2014”.

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

16.  Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993(114) (hazardous substances and controlled quantities) is amended as follows—

(a)in Part A, in column 1 of entry number 54, for paragraph (1), substitute—

(1) cellulose nitrate—

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or; and

(b)in Part B—

(i)in column 1 of entry number 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987; and

(ii)in column 1 of entry number 5, for the words from “EXPLOSIVE” to “Regulations 1987”, substitute—

EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987.

The Health and Safety (Enforcing Authority) Regulations 1998

17.  In regulation 4 of the Health and Safety (Enforcing Authority) Regulations 1998(115) (exceptions), omit paragraphs (7) to (12).

The Visiting Forces and International Headquarters (Application of Law) Order 1999

18.  In Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999(116) (enactments conferring specific exemptions, privileges etc.), omit the entry relating to the Fireworks Act 1951.

The Quarries Regulations 1999

19.  In regulation 2(1) of the Quarries Regulations 1999(117) (interpretation), in the definition of “explosives store”, for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “under the Explosives Regulations 2014”.

Building (Scotland) Regulations 2004

20.  For paragraph 1 of Schedule 1 to the Building (Scotland) Regulations 2004(118) (exempted buildings and services, fittings and equipment), substitute—

1.(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where the whole building is used for that manufacture or storage.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014, that part of the building where the licence specifies that that manufacture or storage may take place.

(3) Except— sub-paragraphs (1) and (2) do not include any building or, as the case may be, any part of a building as is referred to in, respectively, sub-paragraph (1) or (2) in relation to which—

(a)no minimum separation distance is required to be maintained by virtue of regulation 27(2)(a) or (3) of the Explosives Regulations 2014; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, the Explosives Regulations 2014 and the requirement for the assent of the local authority under regulation 13(3) of those Regulations did not apply by virtue of regulation 13(4)(a) of those Regulations..

The REACH Enforcement Regulations 2008

21.  In paragraph 1 of Part 3 of Schedule 3 to the REACH Enforcement Regulations 2008(119) (health and safety enforcement) for sub-paragraph (t), substitute—

(t)in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014..

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009

22.  In regulation 2 of the Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009(120) (extension outside Great Britain)—

(a)omit paragraphs (a) and (b); and

(b)omit “, respectively, regulation 14 of the Control of Explosives Regulations 1991, regulation 3(1)(b) of the Manufacture and Storage of Explosives Regulations 2005 and”.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

23.  In regulation 7 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(121) (additional security requirements for carriage by road), for paragraph (5)(c) substitute—

(c)“a safe and secure place” means a safe and secure place—

(i)within a site in relation to which a person is licensed to manufacture or store explosives under regulation 13 of the Explosives Regulations 2014; or

(ii)at which the manufacture or storage of explosives may lawfully take place by virtue of a certificate of exemption granted under those Regulations..

The Building Regulations 2010

24.  For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2010(122) (exempt buildings and work), substitute—

1.(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where—

(a)the whole building is used for that manufacture or storage, and either

(b)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(c)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and —

(a)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,

that part of the building where the licence specifies that that manufacture or storage may take place..

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011

25.  The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011(123) are amended as follows—

(a)in regulation 17(2) (consequential amendments), omit sub-paragraphs (c), (d) and (e); and

(b)in the Schedule omit paragraphs 3, 4 and 5.

The Health and Safety (Fees) Regulations 2012

26.  The Health and Safety (Fees) Regulations 2012(124) are amended as follows.

27.  In regulation 1(4) (citation, commencement and interpretation), for “explosives certificate, licence or registration” substitute “explosive certificate or licence”.

28.—(1) In regulation 9 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—

(a)for paragraph (1), substitute—

(1) Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of—

(a)paragraph 1(c) or (d) of Schedule 1 to the 2014 Regulations, or

(b)paragraphs 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.;

(b)in paragraph (2), after “manufacture” insert “or store”;

(c)for paragraph (3), substitute—

(3) Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of—

(a)paragraph 1(a) of Schedule 1 to the 2014 Regulations, or

(b)paragraphs 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.;

(d)in paragraph (11)—

(i)for “1991” substitute “2014”; and

(ii)for “4(6)(d)” substitute “19(2)(d)”; and

(e)in paragraph (13)—

(i)omit the definition of “the 1991 Regulations”;

(ii)for the definition of “the 2005 Regulations” substitute—

“the 2014 Regulations” means the Explosives Regulations 2014;;

(iii)for the definition beginning ““ammonium nitrate blasting intermediate”” substitute ““ammonium nitrate blasting intermediate”, “chief officer of police”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “prohibited person”, “shooters’ powder” and “site” have the same meanings as in the 2014 Regulations;”; and

(iv)omit the definition beginning ““chief officer of police””.

29.  In Schedule 8 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—

(a)for the heading and Part 1, substitute—

FEES PAYABLE IN RELATION TO THE EXPLOSIVES REGULATIONS 2014, THE ACETYLENE SAFETY (ENGLAND, WALES AND SCOTLAND) REGULATIONS 2014 AND THE PETROLEUM (CONSOLIDATION) REGULATIONS 2014
PART 1FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENCES, TO MANUFACTURE OR TO STORE EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPHS 1(c) OR (d) OF SCHEDULE 1 TO THE EXPLOSIVES REGULATIONS 2014 OR PARAGRAPHS 1(b), 2 OR 4 OF THAT SCHEDULE IN LOCAL AUTHORITY ASSENT CASES OR WHERE NO ASSENT REQUIRED BY VIRTUE OF REGULATION 13(4)(b) TO (g)
Table 1
1234
Provision under which a licence is grantedPurpose of applicationFeeFee for work by Specialist Inspector
The 2014 Regulations
Regulation 13, as extended by regulation 2(2) of those Regulations to the manufacture and storage of ammonium nitrate blasting intermediateLicence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing£631£127 per hour worked
Licence to manufacture or store only ammonium nitrate blasting intermediate£156 per hour worked
Licence to manufacture explosives by means of on-site mixing£234£127 per hour worked

Licence to store explosives:

£631£127 per hour worked
Renewal of any of the above licences£83£127 per hour worked
Regulation 16Varying a licence to manufacture or store explosives, not being ammonium nitrate blasting intermediate:£432£127 per hour worked

Varying a licence to manufacture or store ammonium nitrate blasting intermediate

£156 per hour worked
Regulation 17Transfer of any of the above licences£52
Replacement of any licences referred to in this Part if lost

£52

;

(b)for Part 2 substitute—

PART 2FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENSES TO STORE EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPH 1(a) OF SCHEDULE 1 TO THE 2014 REGULATIONS OR PARAGRAPH 1(b), 2 OR 4 OF THAT SCHEDULE IN CASES WHERE LOCAL AUTHORITY ASSENT IS NOT REQUIRED BY VIRTUE OF REGULATION 13(4)(a)
Table 2
123
Provision under which a licence is grantedPurpose of applicationFee

Note: The fee payable for a licence or renewal of a licence—

(a)

of less than one year’s duration is, respectively, the fee set out above for a licence, or renewal of a licence of one year’s duration decreased proportionately according to the duration of the period for which the licence renewal is granted;

(b)

of more than one but less than two years’ duration is, respectively, the fee set out above for a licence, or a renewal of a licence of one year’s duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(c)

of more than two but less than three years’ duration is, respectively, the fee set out above for a licence or renewal of a licence of two years’ duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(d)

of more than three but less than four years’ duration is, respectively, the fee set above for a licence or renewal of a licence of three years’ duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(e)

of more than four but less than five years’ duration is, respectively, the fee set out above for a licence or renewal of a licence of four years’ duration increased proportionately according to the duration of the period for which the licence or renewal is granted.; and

The 2014 Regulations
Regulation 13Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed:
(a) one year’s duration£178
(b) two years’ duration£234
(c) three years’ duration£292
(d) four years’ duration£360
(e) five years’ duration£407
Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed:
(a) one year’s duration£105
(b) two years’ duration£136
(c) three years’ duration£166
(d) four years’ duration£198
(e) five years’ duration£229
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed:
(a) one year’s duration£83
(b) two years’ duration£141
(c) three years’ duration£198
(d) four years’ duration£256
(e) five years’ duration£313
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed:
(a) one year’s duration£52
(b) two years’ duration£83
(c) three years’ duration£115
(d) four years’ duration£146
(e) five years’ duration£178
Regulation 16Varying a licence:
(a) varying name of licensee or address of site£35
(b) any other kind of variationThe reasonable cost to the licensing authority of having the work carried out
Regulation 17Transfer of licence£35
Replacement of licence£35

(c)for Part 8 substitute—

PART 8FEES FOR EXPLOSIVES CERTIFICATES UNDER THE EXPLOSIVES REGULATIONS 2014
Table 1
123
Provisions under which a fee is payablePurpose of applicationFee
The 2014 Regulations

Regulation 11

(see Note)

(a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (c), (g) or (i), at a site in relation to which a person holds a licence to store explosives and, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations no minimum separation distance is prescribed or a 0 metres minimum separation distance is prescribed:
(i) one year’s duration£125
(ii) two years’ duration£156
(iii) three years’ duration£188
(iv) four years’ duration£219
(v) five years’ duration£251
(b) Renewal of the explosives certificate referred to in (a):
(i) one year’s duration£110
(ii) two years’ duration£130
(iii) three years’ duration£151
(iv) four years’ duration£173
(v) five years’ duration£193
(c) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (a), (g) or (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives:
(i) one year’s duration£136
(ii) two years’ duration£166
(iii) three years’ duration£198
(iv) four years’ duration£229
(v) five years’ duration£261
(d) Renewal of the explosives certificate referred to in (c):
(i) one year’s duration£130
(ii) two years’ duration£156
(iii) three years’ duration£183
(iv) four years’ duration£209
(v) five years’ duration£234
(e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives:
(i) one year’s duration£183
(ii) two years’ duration£219
(iii) three years’ duration£256
(iv) four years’ duration£292
(v) five years’ duration£329
(f) Renewal of the explosives certificate referred to in (e):
(i) one year’s duration£161
(ii) two years’ duration£193
(iii) three years’ duration£224
(iv) four years’ duration£256
(v) five years’ duration£287
(g) Explosives certificate for acquiring and keeping only shooters’ powder at a site in relation to which the applicant holds a licence, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time£24
(h) Renewal of the explosives certificate referred to in (g) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time£15
(i) Explosives certificate for the acquiring and keeping only shooters’ powder at a site in relation to which the applicant holds a licence and a relevant certificate, where no relevant application under the 1968 Act by the applicant is to be determined at the same time£44
(j) Renewal of the explosives certificate referred to in (i) where no relevant application under the 1968 Act by the applicant is to be determined at the same time£18
(k) Explosives certificate for acquiring more than 15 kilograms of explosives, not including an application for an explosives certificate referred to in entries (m) or (o):
(i) one year’s duration£125
(ii) two years duration£156
(iii) three years duration£188
(iv) four years duration£219
(v) five years duration£251
(l) Renewal of the explosive certificate referred to in (k):
(i) one year’s duration£110
(ii) two years duration£130
(iii) three years duration£151
(iv) four years duration£173
(v) five years duration£193

(m) Explosives certificate for acquiring more than 15 kilograms of shooters’ powder only, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time

£24
(n) Renewal of the explosives certificate referred to in (m) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time£15
(o) Explosives certificate for acquiring more than 15 kilograms of shooters’ powder only, where the applicant holds a relevant certificate and no relevant application under the 1968 Act is to be determined at the same time£44
(p) Renewal of the explosives certificate referred to in (o) where no relevant application under the 1968 Act by the applicant is to be determined at the same time£18
(q) Replacement of any explosives certificate referred to in (a) to (f) and (k) and (l) if lost£35
(r) Replacement of any explosives certificate referred to in (g) to (j) and (m) to (p) if lost£10
Table 2

Note: The fee payable for an explosives certificate or renewal of an explosives certificate (“renewal”)—

(a)

of less than one year’s duration is, respectively, the fee set out above for a certificate, or renewal of an explosives certificate of one year’s duration decreased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(b)

of more than one but less than two years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of an explosives certificate of one year’s duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(c)

of more than two but less than three years’ duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of two years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(d)

of more than three but less than four years’ duration is, respectively, the fee set above for an explosives certificate or renewal of an explosives certificate of three years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(e)

of more than four but less than five years’ duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of four years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted..

The fee for a check carried out for the purposes of regulation 19(2)(d) of the 2014 Regulations is £5

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

30.  The Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) (Scotland) Order 2013(125) is amended as follows—

(a)for paragraph 10 of Schedule 1 (proceedings) substitute—

10.  Proceedings under the Explosives Regulations 2014 (“the 2014 Regulations”) in respect of—

(a)the application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the 2014 Regulations certifying a person to be a fit and proper person to acquire or acquire and keep explosives;

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;

(c)an appeal or application to the Sheriff under regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.;

(b)in paragraph 3(3)(c) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act), for “regulation 4 of the Control of Explosives Regulations 1991” substitute “regulation 11 of the Explosives Regulations 2014”; and

(c)in paragraph 4 of Part 3 of Schedule 4 (excepted professions, offices, employments and occupations) for “regulation 4 of the Control of Explosives Regulations 1991” substitute “regulations 4, 5 and 11 of the Explosives Regulations 2014”.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

31.  The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013(126) are amended as follows—

(a)in regulation 2(1) (interpretation), in the definition of “explosives” for “the Manufacture and Storage of Explosives Regulations 2005” substitute “the Explosives Regulations 2014”; and

(b)in paragraph 5(a) of Part 1 of Schedule 2 (dangerous occurrences) for “or registration, as the case may be, under regulation 9, 10 or 11 of the Manufacture and Storage of Explosives Regulations 2005” substitute “under regulations 6 or 7 of the Explosives Regulations 2014”.

Regulation 48(2) and (3)

SCHEDULE 14REPEALS AND REVOCATIONS

PART 1REPEALS

1.

Title

2.

Reference

3.

Extent of repeal

Explosives Act 1875.c. 17 (38 & 39 Vict).Sections 23 and 61; in section 74, in the opening words, “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”; in subsection (1), “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; after subsection (6), the words from “In this section” to the end of the section.
Fireworks Act 1951*.c. 58.The whole Act.
Energy Act 2013*c.32In Schedule 12, paragraphs 50 to 52.

PART 2REVOCATIONS

1.

Title

2.

Reference

3.

Extent of revocation

Order of Secretary of State (No 11), dated September 20, 1924, making Byelaws as to the Conveyance of Explosives on Roads, and in certain special cases.S.R. & O. 1924/1129.The whole instrument.
Order in Council (No 26) Relating to Picric Acid, Picrates and Mixtures of Picric Acid with other Substances.S. R. & O. 1926/823.The whole instrument.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974.S.I. 1974/1885.Regulation 2(a) and Schedule 1, except to the extent that they relate to sections 73, 75 and 89 of the Explosives Act 1875 as amended by S.I. 1974/2166; regulations 3 to 7, paragraphs 1 to 4 and 6 to 21 of Schedule 2, and Schedule 3.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) (Amendment) Regulations 1974.S.I. 1974/2166.The whole instrument.
The Control of Explosives Regulations 1991.S.I. 1991/1531.The whole instrument.
The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993.S.I. 1993/2714.The whole instrument.
The Marking of Plastic Explosives for Detection Regulations 1996S.I. 1996/890The whole instrument
The Health and Safety (Enforcing Authority) Regulations 1998S.I. 1998/494.In regulation 4, paragraphs (7) to (12).
The Manufacture and Storage of Explosives Regulations 2005.S.I. 2005/1082.The whole instrument.
The Manufacture and Storage of Explosives and the Health and Safety (Enforcing Authority) (Amendment and Supplementary Provisions) Regulations 2007.S.I. 2007/2598.

The whole instrument.

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009.S.I. 2009/693.In regulation 2, paragraphs (a) and (b); paragraphs 1, 2 and 4 of Schedule 1.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011.S.I. 2011/1885.In regulation 17(2), sub-paragraphs (c), (d) and (e); paragraphs 3, 4 and 5 of the Schedule.
The Identification and Traceability of Explosives Regulations 2013.S.I. 2013/449.The whole instrument.
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014.S.I. 2014/469

In Schedule 2, paragraph 1.

In Schedule 3, paragraphs 46 to 51, 53 to 55, 110 to 122 and 146.

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations consolidate the Control of Explosives Regulations 1991 (S.I. 1991/1531) (“the 1991 Regulations”), the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714), the Marking of Plastic Explosives for Detection Regulations 1996 (S.I. 1996/890), the Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082) (“the 2005 Regulations”) and the Identification and Traceability of Explosives Regulations 2013 (S.I. 2013/449), all of which are revoked.

2.  The Regulations implement as regards Great Britain, Council Directive 93/15/EEC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses (OJ No. L121, 15.5.93, p.20) as amended by Regulation (EC) No. 1882/2003 of the European Parliament and the Council (OJ No. L 284, 31.10.2003, p.1), Regulation (EC) No. 219/2009 of the European Parliament and of the Council (OJ No. L 87, 31.3.2009, p.109) and Regulation (EU) No. 1025/2012 of the European Parliament and of the Council (OJ No. L 316, 14.11. 2012, p. 12). Regulations 8 and 39 to 42, 43 and 44 in part, and 45 are for implementing these European provisions.

3.  The Regulations implement, as regards Great Britain, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC, a system for the identification and traceability of explosives for civil uses (OJ No. L 94, 5.4.2008, p.8) (“the 2008 Directive”) as amended by Commission Directive 2012/4/EU (OJ No. L 50, 23.2.12, p.18). Regulations 33, 34, 36 and 43 and 44 in part, are for implementing these European provisions.

4.  The Regulations implement in part the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1st March 1991 (regulation 38). The Technical Annex to the Convention has been amended twice, firstly in 2002 (with effect from 27th March 2002) and secondly in 2005 (with effect from 19th December 2005). These Regulations incorporate those amendments.

5.  The provisions in regulation 38 and Schedule 8 that implement the Montreal Convention were notified in draft to the European Commission under the provisions of the Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations(127).

6.  Besides making minor and drafting changes, these Regulations make a number of other changes in the consolidation. The main changes are as follows:

(a)registration in respect of the storage of small amounts of certain explosives is no longer possible and such storage will now come within the licensing regime for the storage of explosives;

(b)the storage of ammonium nitrate blasting intermediate (“ANBI” ) now requires to be licensed;

(c)a chief officer of police will also be the licensing authority for the storage of smaller amounts of certain explosives by a person who is a registered firearms dealer under section 33 of the Firearms Act 1968 (Schedule 1);

(d)more tables are added than under the 2005 Regulations for providing a greater number of separation distances in respect of the storage of explosives (regulation 27 and Schedule 5);

(e)licences for the storage of explosives granted by local authorities can now be for up to 5 years instead of two (regulation 13(1)(a));

(f)the record keeping requirements under the 1991 Regulations have, in regulation 35, been aligned more to those applying relation to civil explosives under EU law in regulation 36; and

(g)in line with the two sets of amendments to the Montreal Convention on the Marking of Plastic Explosives for the Purpose of Detection, which are referred to in paragraph 4, firstly, ortho-mononitrotoluene (o-MNT) is no longer listed as a detection agent for the purpose of marking plastic explosive and, secondly, the minimum concentration of the detection agent 2,3-Dimethyl-2,3-dinitrobutane (DMNB) is increased to 1.0% by mass; the levels of concentration required for detection agent apply at the time of the manufacture of the plastic explosive (regulation 38 and Schedule 8).

7.  The definition of “explosive” and related terms, such as “relevant explosive”, are included in regulation 2(1). The document called the “United Nations Recommendations” referred to in the definition of “explosive”, and the Manual of Tests and Criteria, fifth revised edition, which supports those Recommendations, can be downloaded free from the website of the United Nations at www.unece.org/trans/danger/publi/dg_publications.html.

8.  “Licensing authority” is defined in Schedule 1. It means a local authority or chief officer of police for applications for the storage within a site of no more than 2000 kilograms of explosives within paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1). The Office for Nuclear Regulation, which was established on 1st April 2014, is a licensing authority for applications to manufacture or store explosives on an “ONR regulated site” (defined in regulation 2(1)). The Health and Safety Executive is the licensing authority where explosives are to be stored on the surface of a mine or within a harbour; it is the licensing authority in relation to the manufacture of explosives and the manufacture and storage of ANBI and in other cases.

9.  As under the 1991 Regulations, there is provision made (in regulation 32) for restrictions on the employment of a “prohibited person” where the employee would handle or have control of a “relevant explosive” or any “restricted substance”. These terms are defined in regulation 2(1), with an updated definition of “prohibited person”.

10.  These Regulations make provision in regulations 4 to 9 (Part 2) for a number of authorisations in relation to explosives: they provide for a licensing regime in relation to the manufacture and storage of explosives; an explosives certificate is required for acquiring or acquiring and keeping certain explosives; and, a recipient competent authority document is required for transfers of civil explosives. The Regulations provide for disapplications in respect of certain of its provisions (regulation 3). Part 3 provides for defences in relation to regulations 5 to 7 in Part 2. Part 4 concerns applications for and grant of authorisations. Part 5 makes provision for the variation and transfer of authorisations to manufacture or store explosives and for the case of death, bankruptcy or incapacity of a licensed person. Part 6 makes provision as to refusals of authorisations and Part 7 makes provision for revocations of authorisations and appeals against certain decisions. Part 8 makes provision for when a licensed site ceases to be, or becomes, a site regulated by the Office for Nuclear Regulation and determines who is to be regarded as having granted the licence.

11.  Parts 9 and 10 contain provisions on, respectively, the safety and security of explosives. Part 11 includes requirements as to the marking of civil explosives with a unique identification, record keeping and reporting losses of explosives. Part 12 provides for prohibitions on the manufacture, possession, transfer and importation of unmarked plastic explosives.

12.  Part 13 of the Regulations contains prohibitions on the placing of any explosives on the market unless they satisfy essential safety requirements, have been subject to conformity attestation procedure and have had the CE marking affixed to them (regulations 39 to 42).

13.  Part 14 provides for enforcement. Enforcement responsibility for provisions of the Regulations is set out in Schedule 11. Powers for the enforcement of the provisions in connection with the transfer, and the placing on the market, of civil explosives are set out in Schedule 12.

14.  Consequential amendments to existing primary and secondary legislation are made by regulation 48(1) and Schedule 13. Consequential repeals and revocations of legislation are made by regulation 48(2) and (3) and Schedule 14.

15.  Regulation 49 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within 5 years after 1st October 2014 and within every 5 years after that. Following a review it will fall to the Secretary of State to consider whether these Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

16.  A full impact assessment of the effect that these Regulations would have on the costs of business and the voluntary sector is published with the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. The Transposition Notes in relation to the implementation of (a) Council Directive 93/15/EEC, as amended by Regulation (EC) No. 1882/2003, Regulation (EC) No. 219/2009 and Regulation (EU) No. 1025/2012 and (b) Commission Directive 2008/43/EC, as amended by Commission Directive 2012/4/EU, are published with the Explanatory Memorandum and available on that website. Copies of these documents are available in the libraries of both Houses of Parliament.

(1)

S.I. 1993/2661, to which there are amendments not relevant to these Regulations.

(2)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

(3)

1974 c. 37; section 15 was amended by Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 6, the Criminal Law Act 1977 (c. 45), Schedule 12, the Offshore Safety Act 1992 (c. 15), section 4, the Health and Safety (Offences) Act 2008 (c. 20), Schedules 3 and 4, the Energy Act 2013 (c. 32), Schedule 12, paragraph 5, S.I. 2002/794 and S.I. 2008/960. There are other amendments to section 15 not relevant to these Regulations. Section 18(2) was amended by the Energy Act 2013, Schedule 12, paragraph 6. Section 43(6) was substituted by the Employment Protection Act 1975, Schedule 15, paragraph 12 and amended by S.I. 2002/794. Paragraph 2 of Schedule 3 was amended by the Customs and Excise Management Act 1979 (c. 2), Schedule 4, paragraph 12.

(4)

Section 11 was substituted by S.I. 2008/960 and amended by the Energy Act 2013 (c.32), Schedule 12, paragraph 2.

(5)

Section 50(3) was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 16(3), the Health and Social Care Act 2012 (c. 7), Schedule 7, paragraphs 4 and 6, the Energy Act 2013 (c. 32), Schedule 12, paragraph 11 and S.I. 2008/960.

(7)

S.I. 2005/1082, to which there are amendments not relevant to these Regulations.

(8)

S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

(12)

OJ No. L121, 15.5.1993, p.20.

(13)

OJ No. L 284, 31.10.2003, p. 1.

(14)

OJ No. L 87, 31.3.2009 p. 109.

(15)

OJ No. L 316, 14.11.2012, p. 12.

(16)

The Health and Safety Executive is established by section 10(1) of the Health and Safety at Work etc. Act 1974 (c. 37).

(17)

1968 c.27.

(18)

2013 c.32.

(19)

OJ No. L 204, 21.7.1998, p.8.

(20)

OJ No. L 217, 5.8.1998, p.18.

(21)

OJ No. L 363, 20.12.2006, p.81.

(22)

OJ No. L 316, 14.11.2012, p.12.

(23)

1964 c.40.

(24)

S.I. 1999/1736, amended by S.I. 2009/705; there are other amending instruments but none is relevant.

(25)

S.I. 1998/494, relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

(26)

The Office for Nuclear Regulation is established by section 77 of the Energy Act 2013 (c.32).

(27)

The British Transport Police Force was established by section 20 of the Railways and Transport Safety Act 2003 (c. 20) as of 1st July 2004, replacing the British Transport Police Force which comprised constables appointed under section 53 of the British Transport Commission Act 1949 (12 & 13 Geo c.xxix).

(28)

2004 c.20.

(29)

1883 c. 3.

(30)

1974 c. 53; section 5(1) was amended by the Armed Forces Act 1976 (c. 52), Schedule 9, paragraph 20(4), the Criminal Justice (Scotland) Act 1980 (c. 82), section 83(2) and Schedule 7, paragraph 24, the Criminal Justice Act 1982 (c. 48), sections 77 and 78 and, respectively, Schedule 14, paragraph 36(a) and (b) and Schedule 16, the Criminal Justice Act 1988 (c. 33), Schedule 8, paragraph 9(a), the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph 48(1) and (2)(a) and (b), the Criminal Justice Act 2003 (c. 44), Schedule 32, Part 1, paragraph 18(1) and (2)(a) and (b), the Armed Forces Act 2006 (c. 52), section 378, Schedule 16, paragraph 65(1) and (2)(a)(i), (ii) and (iii), (2)(b) and (3) and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 139(1) and (2) and Schedule 21, Part 1, paragraph 2. Section 5(1A) was inserted by the Armed Forces Act 1976 (c. 52), Schedule 9, paragraph 20(5) and amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 139(1) and (3).

(31)

1974 c.53; section 5(2) to (8) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10), section 139.

(32)

1974 c. 53; section 5(2) to (11) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Part 3, section 139(1) and (4).

(34)

S.I. 2009/1922, to which there are amendments not relevant to these Regulations.

(36)

1968 c. 27; section 1(3)(a) was substituted by the Firearms (Amendment) Act 1988 (c. 45), section 2(2).

(37)

Current edition (1997): ISBN 92-1-139057 5.

(38)

1952 c.67. “Visiting force” is defined in section 12 of that Act.

(39)

2006 c.46.

(40)

S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

(41)

S.I. 1987/37, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

(44)

By virtue of section 84(1) of the Health and Safety at Work etc. Act 1974, Parts I and IV of that Act extend to Northern Ireland “so far as may be necessary to enable regulations under section 15 to be made and operate for the purposes mentioned in paragraph 2 of Schedule 3. That paragraph includes, as a subject matter for such regulations, prohibiting the import into the United Kingdom of articles or substances of any specified description.

(45)

1875 c.17 (38 & 39 Vict); section 74 was amended by S.I. 1974/1885 and by the Energy Act 2013 (c. 32), Schedule 12, Part 5, paragraphs 50 and 52.

(46)

1964 c. 5.

(47)

S.I. 1987/37, amended by S.I. 1988/712, 2005/1082 and 2014/469; there are other amending instruments but none is relevant.

(48)

S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

(49)

S.I. 1995/738, amended by S.I. 2002/2175; there are other amending instruments but none is relevant.

(50)

2011 c.13.

(54)

ISBN 978 – 92 – 1 – 139135 – 0.

(55)

S.I. 1999/2024, to which there are amendments not relevant to these Regulations.

(56)

Council Directive 1993/15/EC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

(57)

1996 c.16; section 2 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 4.

(59)

1990 c.8. Part 1 of the Town and Country Planning Act 1990 has been amended by the Planning and Compensation Act 1991 (c. 34), Schedule 7, paragraph 9, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedule 21, paragraphs 28 and 29, the Local Government (Wales) Act 1994 (c.19), sections 18 and 19 and Schedule 18, the Environment Act 1995 (c.25), section 67 and Schedule 10, paragraph 32, Schedule 22, paragraph 42, and Schedule 24, the Greater London Authority Act 1999 (c.29), Schedule 34, the Public Audit (Wales) Act 2004 (c.23), Schedule 2, paragraph 13, the Greater London Authority Act 2007 (c.24), sections 31, 32 and 35, the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 28, the Housing and Regeneration Act 2008 (c.17), Schedule 8, paragraph 52, and Schedule 16, the Planning Act 2008 (c.29), section 190, the Localism Act 2011 (c.20), Schedule 9, paragraph 3, and Schedule 22, paragraphs 30 to 32, the Growth and Infrastructure Act 2013 (c.27), section 28, Schedule 1, paragraphs 1 and 2, and Schedule 2, paragraph 2. The amendments made by the Greater London Authority Act 1999, the Leasehold Reform, Housing and Urban Development Act 1993 and Schedule 22 to the Localism Act 2011 are not yet in force. Functions of the Secretary of State, so far as exercisable in relation to Wales, have been transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(60)

S. R. & O. (NI) No. 110, to which there are amendments not relevant to these Regulations.

(61)

1971 c. 61. The definitions of “controlled waters” and “offshore installation” were substituted, in relation to England, Wales and Scotland, by S.I. 1995/738.

(62)

Commission Directive 2008/43/EC of 4th April 2008 (OJ No. L94, 5.4.2008, p.8) applies in relation to the EEA by virtue of Decision No. 119/2010 of 10th November 2010 of the EEA Joint Committee (OJ No. L 58, 3.3.2011, p.76).

(63)

S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

(64)

Council Directive 93/15/EEC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

(65)

1999/3242, to which there are amendments not relevant to these Regulations.

(66)

S.I. 1956/1943, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

(67)

S.I. 1959/2258, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

(69)

S.I. 1974/1855, amended by S.I. 1974/2166; there are other amending instruments but none is relevant.

(70)

S.I. 1991/1531, to which there are amendments not relevant to these Regulations.

(71)

S.I. 1993/2714, to which there are amendments not relevant to these Regulations.

(72)

OJ No. L 121, 15.5.1993, p.20.

(73)

OJ No. L 284, 31.10.2003, p. 1.

(74)

OJ No. L 87, 31.3.2009 p. 109.

(75)

OJ No. L 316, 14.11.2012, p. 12.

(76)

OJ No. L 94, 5.4.2008, p.8.

(77)

OJ No. L 50, 23.2.2012, p.18.

(79)

1968 c.27; section 33(3) was amended by the Firearms (Amendment) Act 1988 (c. 45), section 13(1) and the Firearms Act 1997 (c. 5), section 42(2).

(80)

S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

(82)

1968 c. 67; sections 104 and 105 were amended by S.I. 2004/1031, 2006/2407 and 2012/1916.

(83)

S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

(85)

1968 c.27; section 33 was amended by the Firearms (Amendment) Act 1988 (c. 45), section 13(1), and the Firearms Act 1997 (c. 5), section 42(2).

(86)

Section 7 was amended by the Firearms (Amendment) Act 1997 (c.5), Schedule 2, paragraph 2(2).

(87)

Section 27 was amended by the Firearms (Amendment) Act 1988 (c.45), section 23(5), by S.I. 1992/2823, the Firearms (Amendment) Act 1997 (c.5), section 38, and by S.I. 2010/1759.

(88)

Section 28 was amended by the Firearms (Amendment) Act 1988 (c.45), section 3, by S.I. 1992/2823, the Firearms (Amendment) Act 1997 (c.5), Schedule 3, and by S.I. 2010/1759.

(89)

1988 c. 45; section 17 was amended by S.I. 1992/2823, by the Firearms (Amendment) Act 1997 (c. 5), Schedule 2, paragraph 19, and by S.I. 2011/2175.

(90)

1990 c.8. Section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedule 21, paragraph 28, the Local Government Wales Act 1994 (c. 19) section 18(2) to (6) and 66(8) and Schedule 18, the Environment Act 1995 (c. 25), Schedule 10, paragraph 32(1) and Schedule 24, and by the Greater London Authority Act 2007 (c.24), section 31. Section 2 was amended by the Local Government (Wales) Act 1994, sections 19(1) and (4) and 66(8) and Schedule 18, the Environment Act 1995, Schedule 10, paragraph 32(2), Schedule 22, paragraph 42, and Schedule in Health Act 2007 (c.28), Schedule 18.

(91)

1980 c. 66; “bridleway”, “footpath” and “footway” are defined in section 139.

(92)

S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

(93)

Section 18 of the Health and Safety at Work etc. Act 1974 has been amended, by the Energy Act 2013 (c.32), Schedule 12, paragraph 6, with the effect that the Office for Nuclear Regulation is the enforcing authority (within the meaning of the 1974 Act) for the relevant statutory provisions as they apply in relation to GB nuclear sites. Exceptions may be made for the Office of Rail Regulation to enforce any of the relevant statutory provisions as they apply on such nuclear sites.

(94)

S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

(95)

S.I. 1999/3242, to which there are amendments not relevant to these Regulations.

(96)

S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469. For the purposes of regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations, “local authority” means: (a) in relation to England, a county council so far as they are the council for an area in which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly; (b) in relation to Scotland, the council for a local government area; (c) in relation to Wales, a county council or county borough council.

(97)