PART 2AUTHORISATIONS

Authorisation to manufacture explosives6

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 M1, supporting the United Nations Recommendations;

b

“quarry” has the meaning given in regulation 3 of the Quarries Regulations 1999 M2;

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.