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The Explosives Regulations 2014

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  1. Introductory Text

  2. PART 1 INTRODUCTION

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application and extent

  3. PART 2 AUTHORISATIONS

    1. 4.Authorisation to acquire or acquire and keep explosives

    2. 5.(1) Subject to paragraph (3), no person may acquire any...

    3. 6.Authorisation to manufacture explosives

    4. 7.Authorisation to store explosives

    5. 8.Authorisation to transfer civil explosives

    6. 9.Prohibition concerning the acquisition and supply of fireworks

  4. PART 3 DEFENCES IN RELATION TO REGULATIONS 5 TO 7

    1. 10.Defence

  5. PART 4 APPLICATIONS FOR AND GRANT OF AUTHORISATIONS

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

    2. 12.Applications for licences to manufacture or store explosives

    3. 13.Grant of licences

    4. 14.Local authority assent procedure in relation to licence applications

    5. 15.Registers and retention of documents

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

    1. 16.Variation of licences

    2. 17.Transfer of licences

    3. 18.Death, bankruptcy or incapacity of a licensee

  7. PART 6 REFUSALS OF AUTHORISATIONS

    1. 19.Refusal of an explosives certificate

    2. 20.Refusal of a licence and draft licence and refusal of a renewal or transfer of a licence

  8. PART 7 REVOCATION OF AUTHORISATIONS AND APPEALS AGAINST CERTAIN DECISIONS

    1. 21.Revocation and expiry of an explosives certificate

    2. 22.Appeals and applications to the Crown Court or Sheriff

    3. 23.Revocation of a licence

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

    1. 24.Licences for sites which cease to be ONR regulated sites

    2. 25.Licences for sites which become ONR regulated sites

  10. PART 9 SAFETY OF EXPLOSIVES

    1. 26.Fire and explosion measures

    2. 27.Separation distances

    3. 28.Discarding or disposing of explosives and decontamination of explosive-contaminated items

    4. 29.Prohibitions concerning manufacture, storage and importation of certain explosives

  11. PART 10 SECURITY OF EXPLOSIVES: PREVENTING UNAUTHORISED ACCESS OR ACQISITION

    1. 30.Unauthorised access

    2. 31.Prohibitions concerning the transfer of relevant explosives

    3. 32.Restrictions on prohibited persons

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

    1. 33.Unique identification of civil explosives

    2. 34.Attribution of manufacturing site codes for civil explosives

    3. 35.Records in relation to relevant explosives

    4. 36.Records in relation to civil explosives

    5. 37.Reporting loss

  13. PART 12 SECURITY PROVISIONS IN RELATION TO PLASTIC EXPLOSIVES

    1. 38.Prohibitions in relation to unmarked plastic explosive

  14. PART 13

    1. SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF...

    2. SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF...

    3. MANUFACTURERS

      1. 39.Design and manufacture in accordance with essential safety requirements

      2. 40.Technical documentation and conformity assessment

      3. 41. EU declaration of conformity and CE marking

      4. 42.Retention of technical documentation and EU declaration of conformity

      5. 43.Compliance procedures for series production

      6. 44.Traceability of certain civil explosives excluded from the scope of regulations 33, 34 and 36

      7. 45.Instructions and safety information

    4. AUTHORISED REPRESENTATIVES

      1. 46.Appointment of authorised representative by written mandate

    5. IMPORTERS

      1. 47.Prohibition on placing on the market civil explosives which are not in conformity

      2. 48.Requirements which must be satisfied before an importer places a civil explosive on the market

      3. 49.Prohibition on placing on the market civil explosives considered not to be in conformity with the essential safety requirements

      4. 50.Information identifying importer

      5. 51.Instructions and safety information

      6. 52.Retention of technical documentation and EU declaration of conformity

    6. MANUFACTURERS AND IMPORTERS

      1. 53.Duty to take action in respect of civil explosives placed on the market which are considered not to be in conformity

      2. 54.Provision of information and cooperation

    7. DISTRIBUTORS

      1. 55.Duty to act with due care

      2. 56.Requirements which must be satisfied before a distributor makes a civil explosive available on the market

      3. 57.Prohibition on making available on the market where civil explosive considered not to be in conformity with the essential safety requirements

      4. 58.Duty to take action in respect of civil explosives made available on the market which are not in conformity

      5. 59.Provision of information and cooperation

    8. IMPORTERS AND DISTRIBUTORS

      1. 60.Storage and transport

      2. 61.Cases in which obligations of manufacturers apply to importers and distributors

    9. ALL ECONOMIC OPERATORS

      1. 62.Translation of declaration of conformity

      2. 63.Identification of economic operators

      3. 64.Prohibition on improper use of CE marking

      4. 65.Presumption of conformity

      5. 66.Conformity assessment procedures

      6. 67. EU declaration of conformity

      7. 68.CE marking

      8. 69.Notified bodies

      9. 70.Notification

      10. 71.Presumption of conformity of notified bodies

      11. 72.Contents of notification

      12. 73.Monitoring

      13. 74.United Kingdom Accreditation Service

      14. 75.Changes to notifications

      15. 76.Operational obligations of notified bodies

      16. 77.Subsidiaries and contractors

  15. PART 14 ENFORCEMENT OF THE REGULATIONS

    1. 78.Enforcement within Great Britain

    2. 79.Enforcement outside Great Britain

    3. 80.Enforcement in relation to regulation 8 and Part 13, market surveillance and further matters

  16. PART 15 POWER TO GRANT EXEMPTIONS AND MISCELLANEOUS PROVISIONS

    1. 81.Exemptions

    2. 82.Savings and transitional provisions

    3. 83.Repeals, revocations and amendments

    4. 84.Review

  17. Signature

    1. SCHEDULE 1

      MEANING OF “LICENSING AUTHORITY”

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

      2. 2.In any case falling within paragraph 1(a) and subject to...

      3. 3.Where a person wishes to manufacture and store explosives at...

      4. 4.The ONR is the licensing authority in relation to any...

      5. 5.The applicant may only apply to the Executive pursuant to...

    2. SCHEDULE 2

      EXPLOSIVES NOT REQUIRING AN EXPLOSIVES CERTIFICATE

      1. PART 1 LIST OF EXPLOSIVES

      2. PART 2 FURTHER LIST OF EXPLOSIVES

        1. 1.Ammunition intended for use in small arms.

        2. 2.Ammunition consisting of a propelling charge and an inert projectile...

        3. 3.Blank ammunition intended for use in small arms.

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

        5. 5.Cartridges power device which— (a) is assigned in accordance with...

        6. 6.A desensitised explosive which is— (a) a medicinal product as...

        7. 7.A desensitised explosive which is a substance specified in an...

        8. 8.Any desensitised explosive acquired, in a quantity not exceeding 5...

        9. 9.Any desensitised explosive acquired, in a quantity not exceeding 1...

        10. 10.Explosive articles which— (a) are assigned in accordance with the...

        11. 11.The explosive substance Isosorbide Dinitrate which has been desensitised by...

        12. 12.The explosive substance Nitrogen Triiodide with the chemical formulation NI3,...

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

        14. 14.Any pyrotechnic substance, in a quantity not exceeding 0.5 grams,...

        15. 15.The explosive substance smokeless powder which is—

        16. 16.A solution of the explosive substance 2,4, 6- Trinitrophenol in...

    3. SCHEDULE 3

      PYROTECHNIC ARTICLES REQUIRING AN EXPLOSIVES CERTIFICATE

      1. 1.Pyrotechnic articles which are or would, if packaged for transport,...

      2. 2.Pyrotechnic articles which— (a) are or would, if packaged for...

      3. 3.Pyrotechnic articles which— (a) are or would, if packaged for...

      4. 4.Pyrotechnic articles which— (a) are or would, if packaged for...

      5. 5.Tracers for ammunition which are or would, if packaged for...

    4. SCHEDULE 4

      REGISTERS

      1. 1.The licensing authority must maintain a register (“the register”) containing...

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

      3. 3.Subject to paragraphs 7 and 8, where the licence only...

      4. 4.Subject to paragraphs 7 and 8, where the licence relates...

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

      6. 6.The licensee in relation to any site in which explosives...

      7. 7.The requirements of paragraphs 3 and 4 do not apply...

      8. 8.The requirements of paragraphs 3 and 4 do not apply...

      9. 9.Where the licensing authority is a local authority or the...

      10. 10.Nothing in this Schedule prevents a licensing authority from disclosing...

      11. 11.For the purposes of paragraph 10, “local planning authority” and...

    5. SCHEDULE 5

      SEPARATION DISTANCES

      1. 1.(1) In this Schedule— “brick-built” means having an outer structure...

      2. 2.Where the storage is— (a) of hazard type 1 explosive...

      3. 3.For each of Table 1, 3, 4 or 5 where...

      4. 4.(1) Paragraph 5 is subject to paragraph 6.

      5. 5.The distance between a store and any protected place of...

      6. 6.Where— (a) Table 1, 3, 4 or 5 applies; and...

      7. 7.The distance between a store and any protected place of...

      8. 8.For cases where sub-paragraph (b) of paragraph 7 is being...

    6. SCHEDULE 6

      UNIQUE IDENTIFICATION FOR CIVIL EXPLOSIVES

      1. 1.Subject to paragraph 2, the unique identification must comprise—

      2. 2.For articles too small to affix the unique product code...

    7. SCHEDULE 7

      MARKING OR AFFIXING THE UNIQUE IDENTIFICATION TO CIVIL EXPLOSIVES

      1. 1.Cartridged explosives and explosives in sacks

      2. 2.Packaged two-component explosives

      3. 3.Plain detonators

      4. 4.Electric, non-electric and electronic detonators

      5. 5.Primers and boosters

      6. 6.Detonating cords

      7. 7.Cans, boxes and drums containing explosives

      8. 8.Civil explosives not referred to in paragraphs 1 to 7

      9. 9.General

      10. 10.Small explosive articles

    8. SCHEDULE 8

      MEANING OF “PLASTIC EXPLOSIVE” AND “DETECTION AGENT”

      1. PART 1 PLASTIC EXPLOSIVE

        1. 1.For the purposes of regulation 38, “plastic explosive” means an...

        2. 2.The following explosives, even if meeting the description of plastic...

        3. 3.In this Part “high explosives” include, but are not restricted...

      2. PART 2 DETECTION AGENTS

    9. SCHEDULE 9

      ESSENTIAL SAFETY REQUIREMENTS

      1. PART 1 GENERAL REQUIREMENTS

        1. 1.Each civil explosive must be designed, manufactured and supplied in...

        2. 2.Each civil explosive must attain the performance characteristics specified by...

        3. 3.Each civil explosive must be designed and manufactured in such...

      2. PART 2 SPECIAL REQUIREMENTS

        1. 4.As a minimum, the following information and properties—where appropriate—must be...

        2. 5.The various groups of civil explosives must at least also...

    10. SCHEDULE 10

      CONFORMITY MARKING

      1. . . . . . . . . . ....

      2. . . . . . . . . . ....

    11. SCHEDULE 11

      ENFORCEMENT WITHIN GREAT BRITAIN

      1. PART 1 INTRODUCTORY

        1. 1.(1) This Schedule makes provision for the enforcement of these...

      2. PART 2 ENFORCEMENT OF PROVISIONS

        1. 2.Enforcement in respect of the manufacture and storage of explosives

        2. 3.A licensing authority is the enforcing authority for regulation 3...

        3. 4.The enforcing authority for regulation 13(8) as it applies in...

        4. 5.Enforcement in respect of discarding, disposal and decontamination

        5. 6.(1) The enforcing authority for regulation 28 where a person...

        6. 7.Enforcement in respect of import of chlorate mixtures

        7. 8.Enforcement in respect of acquisition and supply of fireworks

        8. 9.Enforcement in respect of explosives certificates and access to relevant explosives

        9. 10.Enforcement in respect of identification and traceability

        10. 11.(1) The enforcing authority for regulation 34 is the Executive....

        11. 12.Enforcement in respect of record keeping

        12. 13.The enforcing authority for regulation 36— (a) at a site...

        13. 14.Enforcement in respect of unmarked plastic explosives

        14. 15.Enforcement in respect of transfers, and the placing on the market, of civil explosives

    12. SCHEDULE12

      ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES, MARKET SURVEILLANCE, COMPLIANCE, WITHDRAWAL AND RECALL NOTICES, DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

      1. PART 1 ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES AND MARKET SURVEILLANCE

        1. 1.Enforcement powers, market surveillance and designation of market surveillance authority

        2. 2.In Great Britain, the Executive is designated as the market...

        3. 3.In its enforcement of Part 13, the Executive must enforce...

        4. 4.When enforcing Part 13, the enforcing authority must exercise its...

        5. 5.Subject to paragraph 7, and to the extent that they...

        6. 6.In relation to the enforcement of the provisions referred to...

        7. 7.(1) For the purposes of the enforcement of the provisions...

        8. 8.Evaluation of civil explosives presenting a risk

        9. 9.Enforcement action in respect of civil explosives which are not in conformity and which present a risk

        10. 10. EU safeguarding procedure

        11. 11.Enforcement action in respect of civil explosives which are in conformity, but present a risk

        12. 12.Enforcement action in respect of formal non-compliance

        13. 13.Restrictive measures

      2. PART2 COMPLIANCE, WITHDRAWAL AND RECALL NOTICES

        1. 14.Compliance, withdrawal and recall notices

        2. 15.Compliance notice

        3. 16.Withdrawal notice

        4. 17.Recall notice

        5. 18.Compliance with a withdrawal or recall notice

        6. 19.Interpretation

      3. PART 3 DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

        1. 20.Defence of due diligence

        2. 21.Service of a compliance, withdrawal or recall notice or a defence of due diligence notice

        3. 22.Action by enforcing authority

        4. 23.Appeals against notices

        5. 24.Appropriate court for appeals against notices

    13. SCHEDULE 13

      AMENDMENTS

      1. PART 1 AMENDMENTS TO PRIMARY LEGISLATION

        1. 1.Explosives Act 1875

        2. 2.London Building Act 1930

        3. 3.Fireworks Act 1951

        4. 4.Customs and Excise Management Act 1979

        5. 5.Isle of Man Act 1979

        6. 6.Environmental Protection Act 1990

        7. 7.Fireworks Act 2003

        8. 8.Energy Act 2013

      2. PART 2 AMENDMENTS TO SECONDARY LEGISLATION

        1. 9.The Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969

        2. 10.The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974

        3. 11.The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

        4. 12.The Isles of Scilly (Functions) Order 1979

        5. 13.The Dangerous Substances in Harbour Areas Regulations 1987

        6. 14.The Planning (Hazardous Substances) Regulations 1992

        7. 15.Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993

        8. 16.The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

        9. 17.The Health and Safety (Enforcing Authority) Regulations 1998

        10. 18.The Visiting Forces and International Headquarters (Application of Law) Order 1999

        11. 19.The Quarries Regulations 1999

        12. 20.Building (Scotland) Regulations 2004

        13. 21.The REACH Enforcement Regulations 2008

        14. 22.The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009

        15. 23.The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

        16. 24.The Building Regulations 2010

        17. 25.The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011

        18. 26.The Health and Safety (Fees) Regulations 2012

        19. 27.In regulation 1(4) (citation, commencement and interpretation), for “explosives certificate,...

        20. 28.(1) In regulation 9 (fees payable under the Manufacture and...

        21. 29.In Schedule 8 (fees payable under the Manufacture and Storage...

        22. 30.The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

        23. 31.The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

    14. SCHEDULE 14

      REPEALS AND REVOCATIONS

      1. PART 1 REPEALS

      2. PART 2 REVOCATIONS

    15. SCHEDULE15

      NOTIFIED BODY REQUIREMENTS

      1. 1.A conformity assessment body must be established in the United...

      2. 2.A conformity assessment body must be a third party body...

      3. 3.(1) A conformity assessment body, its top level management and...

      4. 4.A conformity assessment body, its top level management and the...

      5. 5.A conformity assessment body, its top level management and the...

      6. 6.A conformity assessment body must ensure that the activities of...

      7. 7.A conformity assessment body and its personnel must carry out...

      8. 8.A conformity assessment body must be capable of carrying out...

      9. 9.A conformity assessment body must have at its disposal—

      10. 10.A conformity assessment body must have the means necessary to...

      11. 11.The personnel responsible for carrying out conformity assessment activities must...

      12. 12.A conformity assessment body must be able to demonstrate the...

      13. 13.The remuneration of the top level management and the personnel...

      14. 14.A conformity assessment body must have, and must satisfy the...

      15. 15.A conformity assessment body must ensure that its personnel observe...

      16. 16.Paragraph 15 does not prevent the personnel from providing information...

      17. 17.A conformity assessment body must participate in, or ensure that...

  18. Explanatory Note

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