xmlns:atom="http://www.w3.org/2005/Atom"

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.