The Explosives Regulations 2014

Regulation 15

SCHEDULE 4 REGISTERS

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(1).

(1)

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.