The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003

Title, commencement and extent E+W+S

1.  These Regulations may be cited as the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003, extend to Great Britain and come into force on 1st May 2003.

Interpretation E+W+S

2.—(1) In these Regulations “ relevant ammonium nitrate material” means—

(a) ammonium nitrate in solid form, where its nitrogen content is more than 28% of its weight,

(b) material in solid form, comprising a mixture of components, one of which is ammonium nitrate, in circumstances where the nitrogen content derived from ammonium nitrate is more than 28% of the material by weight, and

(c) for so long as any material is treated as relevant ammonium nitrate material by virtue of regulation 9(3), that material,

where the material has a total weight of five hundred kilogrammes or more, but does not include material which is a classified explosive.

(2) In these Regulations—

“batch” means—

(a)

in relation to relevant ammonium nitrate material F1 ...—

(i)

the quantity of that material manufactured in a production run without alteration of composition or characteristics, or

(ii)

in the case where such a production run lasts for more than 92 days, the quantity of the material manufactured—

(aa)

in the first 92 day period of the run,

(bb)

in each subsequent 92 day period of the run, and

(cc)

in any part of the production run after the final such 92 day period;

(b)

F2 ...

(c)

F3 ...

“classified explosive” means anything which has been assigned to class 1 in accordance with the [F4 UN Recommendations];

[F5 “competent laboratory” means a laboratory which—

(a)

is accredited by the United Kingdom Accreditation Service under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation;

(b)

is based in the United Kingdom or in the territory of a party to the CPTPP; and

(c)

has sufficient equipment, facilities and expertise to conduct a detonation resistance test and is independent from any person having an interest in the outcome of such test;]

[F6 “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024;]

“detonation resistance certificate” means the original or a guaranteed copy of a certificate issued by a competent laboratory in the English language relating to a detonation resistance test of a sample of relevant ammonium nitrate material which confirms that the tested sample is resistant to detonation as specified and contains at least the other particulars set out in Schedule 1, and such a certificate is valid so long as it is not treated as invalid in consequence of regulation 8;

“detonation resistance test” means a test carried out by a competent laboratory in accordance with Schedule 2;

“guaranteed copy”, in relation to a detonation resistance certificate, means a copy, certified as a true copy of the original by a person who also certifies that he has no interest in the outcome of the detonation resistance test on which the detonation resistance certificate is based;

“identification document” means a document in the English language which contains at least the particulars set out in Schedule 3;

“production run” means a continuous production run except where—

(a)

the material produced in the run is—

(i)

of the same type,

(ii)

of a loose bulk density—

(aa)

which throughout the run does not fall below the density of any sample from it which is subjected to a detonation resistance test by or on behalf of its manufacturer, or

(bb)

which throughout the run does not fall below a density of 920 kilogrammes per cubic metre, and

(iii)

produced and intended to be marketed as a fertiliser, and

(b)

the production process is—

(i)

certified under standard ISO 9001 (quality management system requirements) of the International Organisation for Standardisation M1 , F7 ...

(ii)

F7 ...

in which case it also includes an interrupted production run;

“sampling body” means a body which is accredited under standard ISO 17020 (general criteria for the operation of various types of bodies performing inspection) or ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation M2 , and—

(a)

is not an importer, manufacturer or supplier of relevant ammonium nitrate material,

(b)

is independent of any person with an interest in manufacture of or trading in any such material, and

(c)

has sufficient equipment, facilities and expertise to certify reliably that a sample of relevant ammonium nitrate material of the same specification that has been subjected to a detonation resistance test has been taken from an identifiable batch and is representative of that batch; F8 ...

“unique numbered copy”, in relation to a detonation resistance certificate, means a copy of the certificate or of an existing unique numbered copy of the certificate, given by a person supplying relevant ammonium nitrate material to a person who takes delivery of a part or a subdivided part of a batch, to which the supplier has added a unique number and details to indicate the quantity of relevant ammonium nitrate material that is being supplied with that copy [F9 ; F10 ...]

[F11 “United Kingdom Accreditation Service” means a company limited by guarantee incorporated in England and Wales under number 03076190; and]

[F9 “UN 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 26th April 1957)) as revised or reissued from time to time.]

(3) For the purposes of these Regulations—

(a) a detonation resistance certificate shall be treated as relating to a batch or part batch if it is based on a detonation resistance test carried out on a sample certified by a sampling body as being representative of the batch or part batch;

(b) a sample shall be treated as failing a detonation resistance test if the result of the test is that the sample is capable of detonation under the circumstances of such a test; F12 ...

F12 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 2(2) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(2) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(2) omitted (12.3.2019) by virtue of The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(3)(a)(iii)

F4 Words in reg. 2(2) substituted (24.10.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), reg. 1, Sch. para. 7(a)

F5 Words in reg. 2(2) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 2(2)(a)

F6 Words in reg. 2(2) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 2(2)(b)

F7 Words in reg. 2(2) omitted (12.3.2019) by virtue of The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(3)(c)

F8 Word in reg. 2(2) omitted (24.10.2011) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), reg. 1, Sch. para. 7(b)

F9 Words in reg. 2(2) substituted (24.10.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), reg. 1, Sch. para. 7(c)

F10 Word in reg. 2(2) omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 2(2)(c)

F11 Words in reg. 2(2) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 2(2)(d)

F12 Reg. 2(3)(c) and word omitted (12.3.2019) by virtue of The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(4)

Marginal Citations

M1 ISO/IEC 9001:2000.

M2 ISO/IEC 17020:1998 and 17025:1999.

Manufacture of relevant ammonium nitrate material E+W+S

3.—(1) Subject to regulation 10, no person shall manufacture relevant ammonium nitrate material, unless he maintains arrangements in place to ensure that the requirements of paragraphs (2) to (4) are satisfied.

(2) A sample certified as being a representative sample by a sampling body from each batch of manufactured relevant ammonium nitrate material must be subjected to a detonation resistance test during or as soon as reasonably practicable after manufacture.

(3) Where a representative sample fails a detonation resistance test, or the detonation resistance certificate relating to it ceases to be valid, the manufacturer must—

(a) as soon as practicable notify the enforcing authority and the Executive of that fact (save to the extent that that fact is within their knowledge), of the measures he will take—

(i) to blend the batch with other suitable material so that the resultant material is not relevant ammonium nitrate material and that the risk of detonation is reduced to an insignificant level,

(ii) otherwise to reduce the risk of detonation of the batch of relevant ammonium nitrate material concerned to an insignificant level, or

(iii) to have another sample taken by a sampling body and subjected to a detonation resistance test,

and of the period within which he will take them; and

(b) take those measures within that period or, where any notice has been served by the enforcing authority on the manufacturer requiring alternative measures, a shorter period or both, comply with the requirements in the enforcing authority’s notice.

(4) The manufacturer must ensure that each batch of the material is kept separate and that the detonation resistance certificate clearly identifies the batch to which it relates.

(5) Any person who manufactures relevant ammonium nitrate material must retain a detonation resistance certificate relating to each batch and keep a record of the details of the manufacture and disposal of the batch for a period of two years after the last date of disposal of relevant ammonium nitrate material from the batch.

Import of relevant ammonium nitrate material E+W+S

4.—(1) Relevant ammonium nitrate material, subject to regulation 10, shall not be imported into Great Britain F13 ... unless it is accompanied by a detonation resistance certificate relating to a sample certified as being a representative sample by a sampling body for each batch or part batch.

(2) Relevant ammonium nitrate material shall not be imported into Great Britain F14 ... unless—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F16 a] detonation resistance certificate has been issued following a detonation resistance test which has been carried out either—

(i) not more than 60 days before the arrival of the material in Great Britain, or

(ii) not more than 60 + x days before the material arrives in Great Britain where x represents an excess caused by circumstances beyond the control of the importer; and

(d) the importer has sent or caused to be sent, not later than five days before the anticipated date of arrival of the material into Great Britain—

(i) a detonation resistance certificate for each batch that is being imported, and

(ii) an identification document completed by him relating to the imported material, to the Secretary of State [F17 , whether by post or by electronic means].

(3) Relevant ammonium nitrate material shall not be imported into Great Britain unless each batch of relevant ammonium nitrate material imported is kept separate and each detonation resistance certificate clearly identifies the batch to which it relates.

(4) No person shall import relevant ammonium nitrate material into Great Britain otherwise than in accordance with the preceding provisions of this regulation.

(5) A person who imports relevant ammonium nitrate material into Great Britain must keep for a period of two years after the date of import of any batch a record of the details of that batch or part batch, and—

(a) F18 ... an identification document covering it and a detonation resistance certificate relating to it; F19 ...

F19 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Words in reg. 4(1) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 4(2) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F15 Reg. 4(2)(a)(b) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in reg. 4(2)(c) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in reg. 4(2)(d)(ii) substituted (12.3.2019) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(5)

F18 Words in reg. 4(5)(a) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Reg. 4(5)(b) and word omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Supply of relevant ammonium nitrate material E+W+S

5.—(1) Subject to regulation F20 ... 10, no person shall supply relevant ammonium nitrate material unless—

(a) he complies with the requirements of paragraphs (2) to (7), as qualified by paragraph (8), of this regulation, F21 ...

F21 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If he has imported relevant ammonium nitrate material F22 ... and any anticipated particular in any identification document sent in accordance with regulation 4(2)(d)(ii) relating to the material has turned out to be inaccurate, he must, before supplying any of the material to which the document relates to any person, send an updated version of the identification document to the Secretary of State [F23 , whether by post or by electronic means], correcting each inaccuracy in its earlier version.

(3) He must ensure that—

(a) in the case of a whole batch, he is in possession of a valid detonation resistance certificate relating to that batch, and

(b) in the case of a tested part of a batch, he is in possession of a unique numbered copy of a valid detonation resistance certificate relating to that part,

and that F24 ... he has in his possession an identification document relating to it and a copy of any updated version of that document sent under paragraph (2).

(4) He must not supply relevant ammonium nitrate material where it is apparent that the material is contaminated or is in such poor condition that it might reasonably be expected to fail a detonation resistance test.

(5) When he supplies relevant ammonium nitrate material—

(a) if a person is supplied by him with either—

(i) a whole batch of that material, or

(ii) a part of a batch which has already been divided into parts before it came under his control,

he must ensure that the batch or part batch is accompanied by either a detonation resistance certificate or unique numbered copy detonation resistance certificate relating to it, and

(b) if a batch or part batch is divided by him into new parts, he must ensure that each such new part is accompanied by a unique numbered copy detonation resistance certificate issued by him and relating to that new part.

(6) Where he divides a batch or part batch into parts in accordance with paragraph (5)(b) for the purpose of supply he must record—

(a) details of any unique numbered copy detonation resistance certificates issued by him,

(b) the quantity of material supplied with each such unique numbered copy, and

(c) the persons to whom such unique numbered copies are given.

(7) When he supplies relevant ammonium nitrate material he must ensure that each batch or part batch is kept separate, and that each detonation resistance certificate or unique numbered copy relating to that batch or part batch clearly identifies the material to which it relates.

(8) The requirements of paragraphs (5) to (7) shall not apply to the supply of relevant ammonium nitrate material to a final user for use as a fertiliser in packaged form.

(9) A person who supplies relevant ammonium nitrate material must keep for a period of two years after the date of the supply a record of the details of the relevant ammonium nitrate material supplied by him with details of—

(a) any batch or new part batch which he has supplied,

(b) any detonation resistance certificate or unique numbered copy detonation resistance certificate which he has supplied (supported by copies of all of them), and

(c) any identification document F25 ... and any updated version of such a document, if applicable, relating to that material or any of it (supported by copies of all of them).

Textual Amendments

F20 Words in reg. 5(1) omitted (12.3.2019) by virtue of The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(6)(a)

F21 Reg. 5(1)(b) and word omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in reg. 5(2) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in reg. 5(2) substituted (12.3.2019) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(6)(b)

F24 Words in reg. 5(3) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in reg. 5(9)(c) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

Keeping of relevant ammonium nitrate material E+W+S

6.—(1) Subject to paragraph (2) of this regulation and to regulations 7 and 10, no person shall keep relevant ammonium nitrate material unless he complies with the requirements of paragraphs (3) to (6) of this regulation.

(2) This regulation shall not apply to the keeping of relevant ammonium nitrate material by a person—

(a) in packaged form for use by him as a fertiliser, or

(b) for use by him as an explosive on the premises to which it has been delivered by another person who has not contravened these Regulations in relation to the material, or

(c) only for the purpose of transporting it from one destination to another.

(3) He must not keep any relevant ammonium nitrate material from a batch or part batch that does not have a valid detonation resistance certificate or unique numbered copy which clearly identifies the batch or part batch to which it relates, unless—

(a) he is the manufacturer of the material and he is arranging for it to be subjected to a detonation resistance test in accordance with regulation 3(2) or taking action relating to it in accordance with regulation 3(3), or

(b) he is taking action relating to it in accordance with paragraph (4) of this regulation.

(4) Where the detonation resistance certificate relating to it ceases to be valid following a subsequent test in accordance with regulation 8, or where it is apparent to the person keeping the material that it is contaminated or is in such poor condition that it might reasonably be expected to fail a detonation resistance test, that person must—

(a) as soon as practicable notify the enforcing authority and the Executive of that fact (save to the extent to which that fact is within their knowledge), of the measures he will take—

(i) to blend the batch with other suitable material so that the resultant material is not relevant ammonium nitrate material and that the risk of detonation is reduced to an insignificant level, or

(ii) otherwise to reduce the risk of detonation of the batch of relevant ammonium nitrate material concerned to an insignificant level, or

(iii) to have another sample taken by a sampling body and subjected to a detonation resistance test,

and of the period within which he will take them; and

(b) take those measures within that period or, where any notice has been served by the enforcing authority on him requiring alternative measures, a shorter period or both, comply with the requirements in the enforcing authority’s notice.

(5) He must ensure that each batch or part batch of relevant ammonium nitrate material is kept separate and (subject to paragraph (3) of this regulation) has a detonation resistance certificate or unique numbered copy which clearly identifies the batch or part batch to which it relates.

(6) A person who keeps any batch or part batch of relevant ammonium nitrate material must, so far as he is not covered by the obligation in regulation 5(9), keep, for a period of two years after he ceases to keep any of the material, a record of the details of the batch or part batch together with any detonation resistance certificate and a copy of any unique numbered copy relating to it.

Transitional arrangements relating to the keeping and supplying of existing stocks of relevant ammonium nitrate material E+W+S

F26 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Reg. 7 omitted (12.3.2019) by virtue of The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(7)

Taking of samples for the purpose of a detonation resistance test E+W+S

8.—(1) Where a person keeping relevant ammonium nitrate material has a detonation resistance test performed for the purposes of these Regulations he may either—

(a) take a sample of the relevant ammonium nitrate material containing not less than 25 kilogrammes of the material from each batch or part batch in the presence of a sampling body and have the sample certified by that body as being representative of that batch, or

(b) allow such a sample to be taken by a sampling body,

and submit the sample to be subjected to a detonation resistance test by a competent laboratory.

(2) An inspector may at any time carry out a check of relevant ammonium nitrate material by taking one aggregate sample of not less than 75 kilogrammes of the material from any batch or part batch, and then dividing that sample into three approximately equal parts, each containing not less than 25 kilogrammes, and—

(a) submitting one part to be subjected to a detonation resistance test by a competent laboratory;

(b) giving a second part to the person regarded by him as the keeper of the material;

(c) placing a third part in a store which is appropriate to ensure that the third part is maintained in as constant a condition as is reasonably practicable until such time as it may be required to be submitted to a detonation resistance test by a competent laboratory.

(3) Where a detonation resistance test result from the first part taken in accordance with paragraph (2)(a), indicates—

(a) that it is not resistant to detonation, and

(b) the result of the test on that batch is at variance with a pre-existing detonation resistance certificate or unique numbered copy,

then the earlier certificate (or, as the case may be, the earlier certificate insofar as it relates to the quantity of material covered by the unique numbered copy) will be treated as invalid in accordance with paragraph (5).

(4) If paragraph (3) applies in relation to a unique numbered copy relating to material originally derived directly or indirectly from a particular batch, then—

(a) where the inspector is of the opinion that the test result might be likely to be replicated in relation to other relevant ammonium nitrate material from the same batch, he may serve a control notice, that is to say notice on any person whom he considers to be keeping the material in circumstances that regulation 6 applies to him—

(i) indicating that he is of that opinion and explaining why;

(ii) identifying the batch; and

(iii) notifying him of the effect of this regulation in relation to suspect material, that is to say material from the batch which he is so keeping;

(b) the giving of a control notice shall render invalid the earlier detonation resistance certificate in so far as it relates to the suspect material; and

(c) where any person affected by the service of a control notice obtains or has a further detonation resistance certificate in relation to any of the suspect material, that further certificate shall be treated as invalid until he sends the further certificate to the enforcing authority which appointed the inspector under cover of a notification that the further certificate relates to material covered by the control notice.

(5) The treatment of a certificate under paragraph (3) as invalid shall—

(a) commence on the giving, by an inspector to the person regarded by the inspector as the keeper of the material in question, of notice of the result of the detonation resistance test under paragraph (3)(a), and

(b) continue until the competent laboratory referred to in paragraph (2)(c), following service of a counter-notice (requiring a further detonation resistance test), by the regarded keeper on the enforcing authority which appointed the inspector, within 28 days of service of the notice by the inspector on the regarded keeper, notifies the authority that the material in question would be eligible to be covered by a detonation resistance certificate.

(6) It shall be the duty of the enforcing authority which appointed the inspector, on receipt of the counter-notice as specified in paragraph (5)(b), to arrange for the third part to be submitted to a detonation resistance test as specified in paragraph (2)(c) as soon as is reasonably practicable, to notify the regarded keeper of where and when and by whom the test is to take place, and to notify the regarded keeper of the results of the test as soon as practicable after it has received those results.

Misdescription of relevant ammonium nitrate material E+W+S

9.—(1) No person shall—

(a) import,

(b) supply, or

(c) keep (other than a keeper as a final user for use as a fertiliser),

material which, although being relevant ammonium nitrate material, is described for business purposes as containing a lower proportion of nitrogen than would classify it as such.

(2) Where an inspector suspects that any material identified by him might be relevant ammonium nitrate material, but is so described for business purposes, he may take one aggregate sample totalling approximately 3 kilogrammes in weight, which he shall divide into three approximately equal parts of approximately 1 kilogramme each and—

(a) submit one such part to an agricultural analyst appointed under section 67 to the Agriculture Act 1970 M3 for him to carry out a test to determine whether it is an relevant ammonium nitrate material;

(b) give a second part to the person regarded by him as the keeper of the material; and

(c) place a third part in a store which is appropriate to ensure that the third part is maintained in as constant a condition as is reasonably practicable until such time as it may be required to be submitted to an independent test under paragraph (3)(b);

and if the part submitted to the agricultural analyst is determined to be relevant ammonium nitrate material then, as specified in paragraph (3), the identified material shall be treated as relevant ammonium nitrate material.

(3) The treatment of material under paragraph (2) as relevant ammonium nitrate material shall—

(a) F27 ... commence on the giving by the inspector, to the person regarded by the inspector as the keeper of the material in question, of notice of the result of the determination, and,

(b) continue until the independent tester, following service of a counter-notice (requiring an independent test), by the regarded keeper on the enforcing authority which appointed the inspector, within 28 days of service of the notice by the inspector on the regarded keeper, notifies the authority that he has determined that the third part is not a part of relevant ammonium nitrate material.

F28 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this regulation—

(a) an “independent tester” is a laboratory accredited under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation and based in the [F29 United Kingdom] which has sufficient equipment, facilities and expertise to conduct the independent test under paragraph (3);

(b) a “test” is one involving one or more methods specified in the results of a determination which the person making the determination certifies in his communication of the results of his determination as being fit for the purpose of establishing the percentage of nitrogen derived from ammonium nitrate; and

(c) it shall be the duty of the enforcing authority which has appointed the inspector, on receipt of the counter-notice specified in paragraph (3)(b), to arrange for the independent test of the third sample as soon as is reasonably practicable, to notify the regarded keeper of details of where and by whom the test is to take place, and to notify the regarded keeper of the results of the test as soon as practicable after it has received those results.

Textual Amendments

F27 Words in reg. 9(3)(a) omitted (12.3.2019) by virtue of The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(8)(a)

F28 Reg. 9(4) omitted (12.3.2019) by virtue of The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(8)(b)

F29 Words in reg. 9(5)(a) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(5); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M3 1970 c. 40.

Exemption for relevant ammonium nitrate material for use other than as a fertiliser E+W+S

10.—(1) The Executive may, by certificate in writing, grant an exemption to any person from the requirements and prohibitions contained in regulations 3, 4, 5, 6 and 9 apart from any requirement to keep records, if that person has applied for it by notifying the Executive in writing either—

(a) that any sample of any relevant ammonium nitrate material which he manufactures, imports, supplies or keeps would be unlikely to pass the detonation resistance test, or

(b) that any sample of a particular type of relevant ammonium nitrate material which he manufactures, imports, supplies or keeps, as the case may be, would be unlikely to pass the detonation resistance test.

(2) An exemption granted pursuant to paragraph (1) shall be subject to—

(a) in a case—

(i) covered by paragraph (1)(a), the condition that no such relevant ammonium nitrate material shall be supplied or used by him or on his behalf as a fertiliser; and

(ii) covered by paragraph (1)(b), the condition that the particular type of relevant ammonium nitrate material shall not be supplied or used by him or on his behalf as a fertiliser; and

(b) any other conditions that the Executive may impose.

(3) The Executive may, at any time, by certificate in writing, vary or revoke a certificate granted pursuant to paragraph (1).

(4) The Executive shall keep a record of persons who have been granted an exemption under this regulation.

(5) A person who has applied to the Executive for an exemption as referred to in paragraph (1), and who is awaiting the result of his application, shall be treated as having the benefit of the exemption applied for, subject to the relevant condition referred to in paragraph (2)(a), up to the [F30 date at which the exempting certificate is issued].

Textual Amendments

F30 Words in reg. 10(5) substituted (12.3.2019) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(9)

Enforcing authorities E+W+S

11.—(1) Subject to [F31 paragraph (4) or (5)], in England it shall be the duty of the council of a county (or of a district comprised in an area for which there is no county council), a London Borough Council or the Common Council of the City of London to enforce these regulations within their respective areas.

(2) Subject to [F32 paragraph (4) or (5)], in Wales it shall be the duty of each county council and each county borough council constituted under section 3 of the Local Government (Wales) Act 1994 M4 to enforce these regulations within their respective areas.

(3) Subject to [F33 paragraph (4) or (5)], in Scotland it shall be the duty of every council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M5 to enforce these regulations within their respective areas.

(4) [F34 Subject to paragraph (5),] the Executive shall have responsibility for enforcing compliance by any person with any conditions imposed on him by or under regulation 10(2).

[F35 (5) It shall be the duty of the Office for Nuclear Regulation to enforce these Regulations (including compliance by any person with any conditions imposed on that person by or under regulation 10(2)) as they apply on, or in relation to, any site, or any activities carried out on a site, which is—

(a) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or

(b) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

(6) Nothing in this regulation affects the application of section 18(1A) of the Health and Safety at Work etc. Act 1974.]

Textual Amendments

F31 Words in reg. 11(1) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 108(2) (with Sch. 4)

F32 Words in reg. 11(2) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 108(2) (with Sch. 4)

F33 Words in reg. 11(3) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 108(2) (with Sch. 4)

F34 Words in reg. 11(4) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 108(3) (with Sch. 4)

F35 Reg. 11(5)(6) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 108(4) (with Sch. 4)

Marginal Citations

M4 1994 c. 19.

M5 1994 c. 39.

Defence of due diligence E+W+S

12.—(1) In any proceedings under the Health and Safety at Work etc Act 1974 for an offence for contravention of regulation 4, 5, 6 or 9(1), it shall, subject to paragraphs (2) and (3) below, be a defence for the person charged to prove—

(a) that the commission of the offence was due to the act or default of a third party; and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days—

(a) before the hearing to determine mode of trial, where the proceedings are in England or Wales;

(b) before the immediate diet, where the proceedings are summary proceedings in Scotland; or

(c) before the first diet, where the proceedings are solemn proceedings in Scotland,

he has served on the person bringing the proceedings a notice in writing giving such information identifying or assisting in the identification of the third party as was then in his possession.

(3) Where a contravention of these Regulations by any person is due to the act or default of the third party, the third party shall be guilty of an offence.

(4) In this Regulation, “third party”, in relation to a person charged with an alleged offence means a person who, at the time of the alleged offence—

(a) was not an employee of the person charged; and

(b) was not a contractor engaged by the person charged to carry out on behalf of the person charged the activity to which the charge relates.

[F36 Transitional provision E+W+S

13.— (1) This regulation applies to relevant ammonium nitrate material imported into Great Britain F37 ... before the end of the period of [F38 seven] years beginning with IP completion day.

(2) In [F39 regulation 2(2)], the definition of “competent laboratory” applies as if the reference to the United Kingdom were a reference to the [F40 United Kingdom or the European Union] [F41 , and as if words “from the United Kingdom Accreditation Service” were omitted for laboratories based in the European Union].

(3) Regulation 4(2)(c) does not apply [F42 to relevant ammonium nitrate imported into Great Britain from within the European Union].]

Textual Amendments

F36 Reg. 13 inserted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 9(6) (as amended by S.I. 2020/998, regs. 1, 2(3)); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in reg. 13(1) omitted (4.2.2022) by virtue of The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022 (S.I. 2022/29), regs. 1, 2(2)(a)

F38 Word in reg. 13(1) substituted (31.12.2022) by The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1182), regs. 1(1), 2(2)

F39 Words in reg. 13(2) substituted (4.2.2022) by The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022 (S.I. 2022/29), regs. 1, 2(2)(b)(i)

F40 Words in reg. 13(2) substituted (4.2.2022) by The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022 (S.I. 2022/29), regs. 1, 2(2)(b)(ii)

F41 Words in reg. 13(2) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 2(3)

F42 Words in reg. 13(3) inserted (4.2.2022) by The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022 (S.I. 2022/29), regs. 1, 2(2)(c)

Whitty

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs