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The Explosives Regulations 2014

Changes over time for: The Explosives Regulations 2014 (Schedules only)

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Regulation 2(1)

SCHEDULE 1U.K.MEANING OF “LICENSING AUTHORITY”

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

(a)in relation to an application for a licence for the storage within one site of no more than 2000 kilograms of explosives to which paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1) applies—

(i)the chief officer of police for the area in which the storage is to take place where—

(aa)any of the explosives are relevant explosives;

(bb)any of the explosives are ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M1;

(cc)any of the explosives are smokeless powder or percussion caps; or

(dd)the explosives are to be stored by a person who is registered as a firearms dealer under section 33 of the Firearms Act 1968 M2;

(ii)the local authority for the area in which the storage is to take place where none of the explosives are of a type to which sub-paragraph (a)(i) applies;

(b)the Executive where the explosives are to be stored on the surface at a mine, whether in a building or not, or within a harbour;

(c)where the application for a licence relates to the manufacture or storage of ammonium nitrate blasting intermediate, the Executive;

(d)in relation to an application for a licence in any other case, the Executive.

2.  In any case falling within paragraph 1(a) and subject to paragraph 5, the applicant may apply instead to the Executive for a licence, in which case the Executive is to be the licensing authority in place of the chief officer of police or local authority.U.K.

3.  Where a person wishes to manufacture and store explosives at the same site, and requires a licence for that manufacture and for that storage, the Executive is to be the licensing authority in respect of any application for a licence relating to that site and the reference to “an application” in paragraph 1(d) includes any such application.U.K.

4.  The ONR is the licensing authority in relation to any application for a licence for the manufacture or storage of explosives on an ONR regulated site.U.K.

5.  The applicant may only apply to the Executive pursuant to paragraph 2, where—U.K.

(a)the applicant has notified the Executive that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with; or

(b)the application does not relate to the storage of pyrotechnic articles at any site where those articles are to be offered for sale and the applicant has already been granted a licence by the Executive under paragraph 1 which relates to another site.

Regulation 5(3)(a)

SCHEDULE 2U.K.EXPLOSIVES NOT REQUIRING AN EXPLOSIVES CERTIFICATE

PART 1 U.K.LIST OF EXPLOSIVES

ExplosivesU.N. no
2-AMINO-4, 6-DINITROPHENOL, WETTED with not less than 20% water by mass3317
CARTRIDGES, OIL WELL0277
CARTRIDGES, OIL WELL0278
CARTRIDGES FOR TOOLS, BLANK0014
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER0446
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER0447
CORD, IGNITER0066
CUTTERS, CABLE, EXPLOSIVE0070
FUSE, NON-DETONATING0101
FUSE, SAFETY0105
1-HYDROXYBENZOTRIAZOLE, ANHYDROUS0508
1-HYDROXYBENZOTRIAZOLE, MONOHYDRATE3474
LIGHTERS, FUSE0131
5-MERCAPTOTETRAZOL-1-ACETIC ACID0448
NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose2059
NITROCELLULOSE WITH WATER (not less than 25% water, by mass)2555
NITROCELLULOSE WITH ALCOHOL (not less than 25% alcohol, by mass, and not more than 12.6% nitrogen, by dry mass)

2556

NITROCELLULOSE with not more than 12.6% nitrogen, by dry mass, MIXTURE WITH or WITHOUT PLASTICIZER, WITH OR WITHOUT PIGMENT

2557

4-NITROPHENYLHYDRAZINE, with not less than 30% water, by mass3376
PRIMERS, CAP TYPE0044
PRIMERS, CAP TYPE0378

SODIUM PICRAMATE, dry or wetted with less than 20% water by

mass

0235
SODIUM PICRAMATE, WETTED with not less than 20% water, by mass1349
TETRAZOL-1-ACETIC ACID0407

PART 2 U.K.FURTHER LIST OF EXPLOSIVES

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

2.  Ammunition consisting of a propelling charge and an inert projectile intended for use in the industrial tools commonly known as kiln-gunsU.K.

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

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

(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378;

(b)are intended for use in small arms; and

(c)would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378.

5.  Cartridges power device which—U.K.

(a)is assigned in accordance with the United Nations Recommendations the U.N. no 0275, 0276, 0323 or 0381;

(b)is designed to produce mechanical actions such as inflation, linear or rotary motion, projection of fastening devices or extinguishing agents; and

(c)consists of a casing with a charge of deflagrating explosive and a means of ignition.

6.  A desensitised explosive which is—U.K.

(a)a medicinal product as defined in regulation 2 of the Human Medicines Regulations 2012 M3; or

(b)a veterinary medicinal product as defined in regulation 2 of the Veterinary Medicines Regulations 2013 M4.

Marginal Citations

M3S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

7.  A desensitised explosive which is a substance specified in an order made under section 104 or 105 of the Medicines Act 1968 M5 which is for the time being in force and which directs that specified provisions of the Human Medicines Regulations 2012 or the Medicines for Human Use (Clinical Trials) Regulations 2004 M6 are to have effect in relation to that substance as such provisions have effect in relation to medicinal products as defined in regulation 2 of the Human Medicines Regulations 2012.U.K.

Marginal Citations

M51968 c. 67; sections 104 and 105 were amended by S.I. 2004/1031, 2006/2407 and 2012/1916.

M6S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

8.  Any desensitised explosive acquired, in a quantity not exceeding 5 grams, for the purposes of—U.K.

(a)research, analysis or testing at a University;

(b)research, analysis or testing by or on behalf of the Crown; or

(c)the application of forensic science by or on behalf of a police force or the Crown.

9.  Any desensitised explosive acquired, in a quantity not exceeding 1 gram, for the purposes of calibration or testing of explosives detection equipment at a port, airport or any other publicly accessible place.U.K.

10.  Explosive articles which—U.K.

(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0186, 0272, 0349, 0351 or 0471;

(b)are intended to be used for the propulsion of model rockets or similar articles; and

(c)in respect of each individual explosive article, contain no more than 1 kilogram of explosive.

11.  The explosive substance Isosorbide Dinitrate which has been desensitised by mixture with not less than 60% lactose, mannose starch or calcium hydrogen phosphate and which is—U.K.

(a)assigned in accordance with the United Nations Recommendations the U.N. no 2907; and

(b)intended for use as an active pharmaceutical ingredient.

12.  The explosive substance Nitrogen Triiodide with the chemical formulation NI3, in a quantity not exceeding 0.5 grams which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985 M7 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.U.K.

Marginal Citations

13.  A solution of the explosive substance Nitroglycerine in alcohol which is—U.K.

(a)assigned in accordance with the United Nations Recommendations the U.N. no 1204 or 3064; and

(b)intended for use as an active pharmaceutical ingredient.

14.  Any pyrotechnic substance, in a quantity not exceeding 0.5 grams, which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.U.K.

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

(a)assigned in accordance with the United Nations Recommendations the U.N. no 0161 or 0509 or which has been recovered from ammunition or blank ammunition intended for use in firearms; and

(b)acquired by a person who either is registered as a firearms dealer under section 33 of the Firearms Act 1968 M8 or holds —

(i)a permit granted under section 7 of that Act M9;

(ii)a firearms certificate granted under section 27 of that Act M10;

(iii)a shotgun certificate granted under section 28 of that Act M11; or

(iv)a permit granted under section 17 of the Firearms (Amendment) Act 1988 M12.

16.  A solution of the explosive substance 2,4, 6- Trinitrophenol in a concentration no greater than 2% weight per volume intended for use as an analytical reagent, stain, dye or fixative.U.K.

Regulation 5(3)(b)

SCHEDULE 3U.K.PYROTECHNIC ARTICLES REQUIRING AN EXPLOSIVES CERTIFICATE

1.  Pyrotechnic articles which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0350, 0352, 0353, 0354, 0355, 0356, 0462, 0463, 0464, 0465, 0466, 0467, 0468, 0469, 0470 or 0472.U.K.

2.  Pyrotechnic articles which—U.K.

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0349, 0351 or 0471; and

(b)are not intended to be used for the propulsion of model rockets or similar articles.

3.  Pyrotechnic articles which—U.K.

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0033, 0034, 0035, 0037, 0038, 0039, 0171, 0254, 0291, 0297, 0299, 0399 or 0400; and

(b)are intended to be dropped as bombs from an aircraft.

4.  Pyrotechnic articles which—U.K.

(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0451, 0329, 0330, 0450 or 0449; and

(b)are intended to be dropped as torpedoes from an aircraft or dispatched from an installation on land or a vessel.

5.  Tracers for ammunition which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0212 or 0306.U.K.

Regulation 15

SCHEDULE 4U.K.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.U.K.

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

(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—U.K.

(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 —U.K.

(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.U.K.

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.U.K.

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—U.K.

(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).U.K.

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.U.K.

10.  Nothing in this Schedule prevents a licensing authority from disclosing any of the information included in the register it maintains to—U.K.

(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 M13.U.K.

Marginal Citations

M131990 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.

Regulation 27

SCHEDULE 5U.K.SEPARATION DISTANCES

1.—(1) In this Schedule—U.K.

brick-built” means having an outer structure which is wholly or mainly of brick, concrete, stone or other similar material;

bridleway” has the meaning given in the Highways Act 1980 M14;

curtain walling” means the glass, masonry or other cladding which is suspended from the structural framework of a building;

dangerous goods” means dangerous goods to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M15 apply;

“distance”, save in the definition of “reference zone”, means the minimum distance;

footpath” has the meaning given in the Highways Act 1980;

footway” has the meaning given in the Highways Act 1980;

lightly-used road” means a road used ordinarily by more than 20 and no more than 500 vehicles every 24 hours;

major road” means a road used ordinarily by more than 10,000 vehicles every 24 hours;

metal-built” means built wholly or mainly of steel or other metal;

minor road” means a road used ordinarily by more than 500 vehicles every 24 hours, other than a major road;

mounded” means surrounded by suitable mounds;

place of public resort” means a place where more than 100 persons are present, or are likely to be present, at any one time on a weekly or more frequent basis;

processing” means the packing, unpacking, re-packing, labelling or testing of explosives or the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers;

protected place of Class A” means a—

(a)

bridleway;

(b)

footpath;

(c)

footway;

(d)

lightly used road; or

(e)

waterway;

protected place of Class B” means a—

(a)

dock;

(b)

jetty;

(c)

minor road;

(d)

pier;

(e)

railway line;

(f)

reservoir;

(g)

river wall;

(h)

runway for the use of aircraft; or

(i)

sea wall;

protected place of Class C” means a —

(a)

major road; or

(b)

place of public resort;

protected place of Class D” means—

(a)

a building, whether a dwelling or not, but not including a vulnerable building;

(b)

a place, other than a building to which paragraph (a) applies, that is used for the storage in bulk of dangerous goods other than goods which are explosives; or

(c)

a place, not within the site where the explosives are stored and other than a building to which paragraph (a) applies, that is used for—

(i)

the storage of explosives; or

(ii)

the manufacture or processing of explosives;

protected place of Class E” means a vulnerable building;

protected place of Class F” means a building within the site where the explosives are stored, other than—

(a)

a building that is occupied by a person other than the licensee;

(b)

a building that is a vulnerable building;

(c)

a building that is normally occupied by more than 20 people; or

(d)

a building that is used for the storage in bulk of dangerous goods other than goods which are explosives;

protected place of Class G” means a building or other place within the site where the explosives are stored that is used for the storage of explosives;

protected place of Class H” means a building or other place within the site where the explosives are stored that is used for the manufacture or processing of explosives;

reference zone” means the area around a store having the radius from the centre point of the store specified in column 2 of the relevant Supplementary Table;

road” means any thoroughfare on which the movement of vehicles is allowed; and

vulnerable building” means a building or structure of vulnerable construction, that is to say—

(a)

a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling with individual glazed or frangible panels larger than 1.5 m2 and extending over more than 50% or 120 m2 of the surface of any elevation;

(b)

a building of more than three storeys above ground or 12 m in height with solid walls and individual glass panes or frangible panels larger than 1.5 m2 and extending over at least 50% of any elevation;

(c)

a building of more than 400 m2 plan area with continuous or individual glazing panes larger than 1.5 m2 extending over at least 50% or 120 m2 of the plan area; or

(d)

any other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such as progressive collapse.

(2) Any reference in this Schedule to a thoroughfare (however described), jetty, pier, waterway or railway line does not include any part of a thoroughfare, jetty, pier, waterway or railway line within the site—

(a)in which the store is situated; and

(b)which are occupied by the person storing the explosives.

(3) Subject to paragraph 8, any reference in this Schedule to “store” is to the store mentioned in regulation 27(1) in relation to which separation distances are required by that provision to be maintained.

(4) Any reference in this Schedule to a quantity of explosives shown in column 1 of a Table is to—

(a)a quantity in a store; or

(b)in cases where sub-paragraph (b) of paragraph 7 is being relied on, the sum total of the quantity of explosives in a store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies,

which is more than the lower figure but not more than the higher figure in column 1 in the same row of the Table.

(5) Any reference in this Schedule to a building is to a building in or at which people are, or are likely to be, present either all the time or from time to time.

(6) For the purposes of this Schedule, where explosives of different hazard types are in one store, the explosives must be treated as belonging to the hazard type which would require the greatest separation distance for the total quantity of those explosives and the separation distance must be determined in relation to that total quantity.

(7) For the purposes of this Schedule, the radius for a reference zone applying in a particular case is the number in the entry in column 2 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table.

(8) For the purposes of this Schedule, any reference to “bridleway”, “footpath”, “footway” or “waterway” does not include, respectively, a bridleway, footpath, footway used, or waterway navigated, by no more than, ordinarily, 20 persons in any 24 hour period.

(9) For the purposes of this Schedule, an area of low population density is an area where the maximum number of dwellings in a reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table.

(10) Save as stated in paragraph (c) of the definition of “protected place of Class D” and subject to sub-paragraph (2), the references to the places referred to in the definitions from “protected place of Class A” to the definition of “protected place of Class E” are references to such places whether within a site or outside it.

Marginal Citations

M141980 c. 66; “bridleway”, “footpath” and “footway” are defined in section 139.

M15S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

2.  Where the storage is—U.K.

(a)of hazard type 1 explosive in a brick-built mounded store, Table 1;

(b)of hazard type 1 explosive in a brick-built unmounded store, Table 2;

(c)of hazard type 1 explosive in a metal-built mounded store, Table 3;

(d)of hazard type 1 explosive in a metal-built unmounded store with no detonator annex attached, Table 4;

(e)of hazard type 1 explosive in a metal-built unmounded store with a detonator annex attached, Table 5;

(f)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in a mounded store, Table 6;

(g)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store, Table 7;

(h)of hazard type 2 explosive, every item being of 0.7 kg net mass or less in a mounded store, Table 8;

(i)of hazard type 2 explosive every item being of 0.7 kg net mass or less in an unmounded store, Table 9

(j)of hazard type 3 explosive, Table 10;

(k)of hazard type 4 explosive, Table 11,

applies, and any reference in this Schedule to a relevant Table is a reference to the Table which applies by virtue of this paragraph.

3.  For each of Table 1, 3, 4 or 5 where that Table applies, a Supplementary Table for determining the separation distance between a store and a dwelling in an area of low population density applies as follows—U.K.

(a)for Table 1, Supplementary Table 1A;

(b)for Table 3, Supplementary Table 3A;

(c)for Table 4, Supplementary Table 4A; and

(d)for Table 5, Supplementary Table 5A,

and any reference in this Schedule to a relevant Supplementary Table is a reference to the Supplementary Table which applies by virtue of this paragraph.

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

(2) Paragraphs 5 and 6 are subject to sub-paragraph (b) of paragraph 7 for determining the quantity of explosives to be applied —

(a)for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and

(b)for paragraph 1(7) in relation to the radius for a reference zone,

in cases where sub-paragraph (b) of paragraph 7 is being relied on.

5.  The distance between a store and any protected place of Class A, B, C, D, E, F or H is the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.U.K.

6.  Where—U.K.

(a)Table 1, 3, 4 or 5 applies; and

(b)the number of dwellings in the reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table,

the distance between a store and any dwelling is the distance (if any) specified in the corresponding entry in column 4 of the Supplementary Table.

7.  The distance between a store and any protected place of Class G is either—U.K.

(a)the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table; or

(b)any lesser distance, provided that the quantity of explosives for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and for paragraph 1(7) in relation to the radius for a reference zone, is the sum total of the quantity of explosives in the store and the protected place of Class G for which there is to be any lesser distance.

8.  For cases where sub-paragraph (b) of paragraph 7 is being relied on, paragraph 1(6) has effect as if the reference to “one store” were a reference to the store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies.U.K.

Table 1: Hazard Type 1 explosive in a brick-built mounded store

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-25335010010010050918
25-30335010010010050918
30-40345110310310351918
40-50355310610610653918
50-603755110110110551022
60-703756111114114571022
70-803857113118118591122
80-903858115121121611122
90-1003959118125125631122
100-1504364128142142711327
150-2004670139156156781427
200-2505075150169169851630
250-3005480161170170851630
300-3505786172172172861833
350-4006191183183183921833
400-4506497193193193971936
450-500681022042042041021936
500-550681022042042041022456
550-600681022042042161022456
600-650681022042272271132456
650-700681022042312381162456
700-750681022042352491182456
750-800681022042382601192456
800-850681022042422701212456
850-900681022042452801232456
900-950681022042482901242456
950-1000681022042503001252456
1000-1100681022042553191283085
1100-1200681022042593371303085
1200-1300681022042633541323085
1300-1400681022042663701333085
1400-1500681022042693861353085
1500-1600681022042724021363085
1600-1700691042082744161373085
1700-1800721082152774311393085
1800-1900741112222794441403085
1900-2000761142292814581413085
2000-30009514328528557014335106
3000-400010916432832865616438122
4000-500012118136236272418141134
5000- 1000015823747547595023752176
10000-15000183274548548109727459204
15000-20000202303606606121130365225
20000-25000218327653653130632770243
25000-30000232347695695138934775258
30000-40000255383765765153138482275
40000-50000275412825825164941288295
50000-60000292438877877175343894315
60000-70000308461923923184646199345
70000-800003224829659651930482103345
80000-90000335502100410042007502108375
90000-100000347520104010402079520111375

Supplementary Table 1A: Hazard Type 1 explosive in a brick-built mounded store – distances for areas of low population density

1 Quantity of explosives (kg)2 Reference zone radius (m)3 Maximum number of dwellings in the reference zone4 Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded (m)
0.1-60---
60-7022261111
70-8022763113
80-9023166115
90-10023568118
100-15025781128
150-20027996139
200-250300128150
250-600---
600-1600408206204
1600-1700416214208
1700-1800431229215
1800-1900444244222
1900-2000458259229

Table 2: Hazard Type 1 explosives in a brick-built unmounded store

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-25477014114114170141141
25-30487214414414472144144
30-40507615115115176151151
40-50538015915915980159159
50-60568416816816884168168
60-70598817617617688176176
70-80619218418418492184184
80-90649619119119196191191
90-100669919919919999199199
100-15077115230230230115230230
150-20085128256256256128256256
200-25092138276276276138276276
250-30098147293293293147293293
300-350103154308308308154308308
350-400107160320320320160320320
400-450110165331331331165331331
450-500113170340340340170340340
500-550116174348348348174348348
550-600118178355355355178355355
600-650120181361361361181361361
650-700122184367367367184367367
700-750124186372372372186372372
750-800126189377377377189377377
800-850127191381381381191381381
850-900128193385385385193385385
900-950130194389389389194389389
950-1000131196392392392196392392
1000-1100133199398398398199398398
1100-1200134202403403403202403403
1200-1300136204408408408204408408
1300-1400137206412412412206412412
1400-1500138208415415415208415415
1500-1600139209418418418209418418
1600-1700140211421421421211421421
1700-1800141212424424431212424424
1800-1900142213426426444213426426
1900-2000143214428428458214428428
2000-3000147221442442570221442442
3000-4000150225449449656225449449
4000-5000151227454454724227454454
5000-10000167251502502950251502502
10000-150001852775545541097277554554
15000-200002023036066061211303606606
20000-250002183276536531306327653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-1000034752010401040207952010401040

Table 3: Hazard Type 1 explosive in a metal-built mounded store

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-1071021234012918
10-2091326294215918
20-30101530334417918
30-40111633374618918
40-50121835404820918
50-601319384248211022
60-701320404452221022
70-801420414657231122
80-901421424761241122
90-1001421434866241122
100-1501624495586281327
150-20018275462104311427
200-25020306069121351630
250-30023346876136381630
300-35025387683151441833
350-40028418390165451833
400-45030458997178491936
450-500324896102191511936
500-5503451102107204542456
550-6003654108111216562456
600-6503857114116227582456
650-7004060119121238612456
700-7504262125126249632456
750-8004365130131260662456
800-8504568135136270682456
850-9004770140140280702456
900-9504873145145290732456
950-10005075150150300752456
1000-11005380159159319803085
1100-12005684168168337843085
1200-13005988177177354893085
1300-14006293185185370933085
1400-15006497193193386973085
1500-1600671002012014021013085
1600-1700691042082084161043085
1700-1800721082152154311083085
1800-1900741112222224441113085
1900-2000761142292294581153085
2000-30009514328528557014335106
3000-400010916432832865616438122
4000-500012118136236272418141134
5000-1000015823747547595023852176
10000-15000183274548548109727459204
15000-20000202303606606121130365225
20000-25000218327653653130632770243
25000-30000232347695695138934875258
30000-40000255383765765153138382275
40000-50000275412825825164941288295
50000-60000292438877877175343894315
60000-70000308461923923184646199345
70000-800003224829659651930482103345
80000-90000335502100410042007502108375
90000-100000347520104010402079520111375

Supplementary Table 3A: Hazard type 1 explosive in a metal-built mounded store – distances for areas of low population density

1 Quantity of explosives (kg)2 Reference zone radius (m)3 Maximum number of dwellings in the reference zone4 Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded (m)
0.1-1041221
10-2052326
20-3060430
30-4066533
40-5071635
50-6075738
60-7079840
70-8081841
80-9083842
90-10086943
100-150971249
150-2001091454
200-2501211860
250-3001362368
300-3501512876
350-4001653483
400-4501783989
450-5001914596
500-55020451102
550-60021657108
600-65022763114
650-70023870119
700-75024977125
750-80026083130
800-85027090135

Table 4: Hazard Type 1 explosive in a metal built unmounded store with no detonator annex attached

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-10811233040153030
10-201014293542183535
20-301116333944203939
30-401218364246214242
40-501319384448224444
50-601320404648234646
60-701421424852244848
70-801422435057255050
80-901522445261265252
90-1001523455566285555
100-1501725506686336666
150-20018285578104397878
200-25020306089121458989
250-30023346810113651101101
300-35025387611215156112112
350-40028418312416562124124
400-45030458913517868135135
450-50032489613819169138138
500-550345110214120471141141
550-600365410814421672144144
600-650385711414722774147147
650-700406011915023875150150
700-750426212515324977153153
750-800436513015626078156156
800-850456813515927080159159
850-900477014016228081162162
900-950487314516529083165165
950-1000507515016830084168168
1000-1100538015917531988175175
1100-1200568416818133791181181
1200-1300598817718735494187187
1300-1400629318519337097193193
1400-15006497193199386100199199
1500-160067100201205402103205205
1600-170069104208211416106211211
1700-180072108215217431108217217
1800-190074111222223444111223223
1900-200076114229229458114229229
2000-300095143285285570143285285
3000-4000109164328328656164328328
4000-5000121181362362724181362362
5000-10000158237475475950237475475
10000-150001832745485481097274548548
15000-200002023036066061211303606606
20000-250002183276536531306653653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-10000034752010401040207952010401040

Supplementary Table 4A: Hazard Type 1 explosive in a metal-built unmounded store with no detonator annex attached – distances for areas of low population density

1 Quantity of explosives (kg)2 Reference zone radius (m)3 Maximum number of dwellings in the reference zone4 Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded (m)
0.1-1046323
10-2057429
20-3065533
30-4071636
40-5076738
50-6080840
60-7084942
70-8087943
80-90891044
90-100911045
100-1501001250
150-2001101555
200-2501211860
250-3001362368
300-3501512876
350-4001653483
400-4501783989
450-5001914596
500-55020451102
550-60021657108
600-65022764114
650-70023870119
700-75024977125
750-80026084130
800-85027090135
850-90028097140
900-950290104145
950-1000300111150
1000-1100319125159

Table 5: Hazard type 1 explosive in a metal-built un-mounded store with a detonator annex attached

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-101016314848244848
10-201218365050255050
20-301319385252265252
30-401421415454275454
40-501422435656285656
50-601522455858295858
60-701624476060306060
70-801625496363326363
80-901726517070357070
90-1001827537777397777
100-15021326311011055110110
150-20025377414314372143143
200-25028428417617688176176
250-300314794209209105209209
300-3503552104242242121242242
350-4003857115275275138275275
400-4504262125308308154308308
450-5004364128309309155309309
500-5504466132310310155310310
550-6004568135311311156311311
600-6504669138311311156311311
650-7004771142312312156312312
700-7504873145313313157313313
750-8004974148314314157314314
800-8505176152315315158315315
850-9005278155316316158316316
900-9505379159317317159317317
950-10005481162318318159318318
1000-11005684169319319160319319
1100-12005888175321337161321321
1200-13006191182323354162323323
1300-14006394189325370163325325
1400-15006598195326386163326326
1500-160067101202328402164328328
1600-170070104209330416165330330
1700-180072108215332431166332332
1800-190074111222333444167333333
1900-200076114229335458168335335
2000-300095143285353570177353353
3000-4000109164328370656185370370
4000-5000121181362388724194388388
5000-10000158237475475950237475475
10000-150001832745485481097274548548
15000-200002023036066061211303606606
20000-250002183276536531306327653653
25000-300002323476956951389347695695
30000-400002553837657651531383765765
40000-500002754128258251649412825825
50000-600002924388778771753438877877
60000-700003084619239231846461923923
70000-800003224829659651930482965965
80000-9000033550210041004200750210041004
90000-10000034752010401040207952010401040

Supplementary Table 5A:– Hazard Type 1 explosive in a metal-built un-mounded store with a detonator annex attached – distances for areas of low population density

1 Quantity of Explosives (kg)2 Reference zone radius (m)3 Maximum number of dwellings in the reference zone4 Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded (m)
0.1 -1062531
10-2071636
20-3077738
30-4082841
40-5086943
50-60901045
60-70941147
70-80981249
80-901021351
90-1001061453
100-1501272063
150-2001472774
200-2501683584
250-3001884494
300-35020954104
350-40022965115
400-45025077125
450-50025781128
500-55026385132
550-60027090135
600-65027795138
650-70028499142
700-750290104145
750-800297109148
800-850304114152
850-900310119155
900-950317124159
950-1000324129162
1000-1100337140169
1100-1200351152175
1200-1300364163182
1300-1400377176189
1400-1500391188195
1500-1600404202202
1600-1700418215209
1700-1800431229215
1800-1900444244222
1900-2000458259229
2000-3000570401285
3000-4000656530328
4000-5000724647362

Table 6: Hazard Type 2 explosive, some or all items being of more than 0.7kg net mass in a mounded store

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1 - 252030606012030932
25-302030606012030932
30-402537747414837932
40-502944888817644932
50-603349999919849946
60-70365410810821654946
70-80395811611623258946
80-90416112312324661946
90-100436412912925864946
100-150517615215230476961
150-200568416816833684961
200-250609118118136291969
250-300649619119138296969
300-350671002002004001001075
350-400691042072074141041075
400-450711072132134261071079
450-500731102192194381101079
500-550751122242244481121092
550-600761152292294581151092
600-650781172332334661171092
650-700791192372374741191092
700-750801202412414821201092
750-800811222442444881221092
800-850831242482484961241092
850-900841252512515021251092
900-950841272532535061271092
950-1000851282562565121281092
1000-11008713126126152213111105
1100-12008913326626653213311105
1200-13009013527027054013511105
1300-14009113727427454813711105
1400-15009213927727755413911105
1500-16009314028028056014011105
1600- 17009514228428456814211105
1700-18009514328628657214311105
1800-19009614528928957814511105
1900-20009714629229258414611105
2000-300010415631231262415612112
3000-400010916332632665216313117
4000-500011216833733767416814121
5000-1000012318537037074018517133
10000-1500012919438838877619420140
15000-2000013420140140180220122144
20000-2500013720641141182220624148
25000-3000014021041941983821026151
30000-4000014421643143186221629156
40000-5000014722044144188222032159
50000-6000015022444944989822435162
60000-7000015222745545591022736166
70000-8000015323046046092023038166
80000-9000015523346546593023339170
90000-10000015723547047094023540170

Table 7: Hazard Type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-2520306060120306060
25-3020306060120306060
30-4025377474148377474
40-5029448888176448888
50-6033499999198499999
60-70365410810821654108108
70-80395811611623258116116
80-90416112312324661123123
90-100436412912925864129129
100-150517615215230476152152
150-200568416816833684168168
200-250609118118136291181181
250-300649619119138296191191
300-35067100200200400100200200
350-40069104207207414104207207
400-45071107213213426107213213
450-50073110219219438110219219
500-55075112224224448112224224
550-60076115229229458115229229
600-65078117233233466117233233
650-70079119237237474119237237
700-75080120241241482120241241
750-80081122244244488122244244
800-85083124248248496124248248
850-90084125251251502125251251
900-95084127253253506127253253
950-100085128256256512128256256
1000-110087131261261522131261261
1100-120089133266266532133266266
1200-130090135270270540135270270
1300-140091137274274548137274274
1400-150092139277277554139277277
1500-160093140280280560140280280
1600-170095142284284568142284284
1700-180095143286286572143286286
1800-190096145289289578145289289
1900-200097146292292584146292292
2000-3000104156312312624156312312
3000-4000109163326326652163326326
4000-5000112168337337674168337337
5000-10000123185370370740185370370
10000-15000129194388388776194388388
15000-20000134201401401802201401401
20000-25000137206411411822206411411
25000-30000140210419419838210419419
30000-40000144216431431862216431431
40000-50000147220441441882220441441
50000-60000150224449449898224449449
60000-70000152227455455910227455455
70000-80000153230460460920230460460
80000-90000155233465465930233465465
90000-100000157235470470940235470470

Table 8: Hazard Type 2 explosive every item being of 0.7kg net mass or less in a mounded store

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-25121837377418915
25-30131938387619915
30-40142041418220915
40-50142243438622915
50-60152245459022918
60-70162347479423918
70-80162448489624918
80-90162549499825918
90-1001725515110225918
100-1501928565611228922
150-2002030606012030922
200-2502132636312632924
250-3002233666613233924
300-35023346868136341025
350-40024357171142351025
400-45024367373146361027
450-50025377474148371027
500-55025387676152381031
550-60026397878156391031
600-65026397979158391031
650-70027408080160401031
700-75027418282164411031
750-80028418383166411031
800-85028428484168421031
850-90028438585170431031
900-95029438686172431031
950-100029448787174441031
1000-110030448989178441136
1100-120030459191182451136
1200-130031469292184461136
1300-140031479494188471136
1400-150032489595190481136
1500-160032489797194481136
1600-170033499898196491136
1700-180033509999198501136
1800-19003350100100200501136
1900-20003451101101202511136
2000-30003755110110220551240
3000-40003959117117234591342
4000-50004161122122244611444
5000-100004770140140280701750
10000-150005076151151302762054
15000-200005380159159318802257
20000-250005583166166332832460
25000-300005786171171342862662
30000-400006090180180360902966
40000-500006294187187377943268
50000-600006497193193386973570
60000-700006699198198396993674
70000-80000671012022024041013874
80000-90000691032062064121033976
90000-100000701052102104201054076

Table 9: Hazard Type 2 explosive every item being of 0.7kg net mass or less in an unmounded store

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-251218373774183737
25-301319383876193838
30-401420414182204141
40-501422434386224343
50-601522454590224545
60-701623474794234747
70-801624484896244848
80-901625494998254949
90-10017255151102255151
100-15019285656112285656
150-20020306060120306060
200-25021326363126326363
250-30022336666132336666
300-35023346868136346868
350-40024357171142357171
400-45024367373146367373
450-50025377474148377474
500-55025387676152387676
550-60026397878156397878
600-65026397979158397979
650-70027408080160408080
700-75027418282164418282
750-80028418383166418383
800-85028428484168428484
850-90028438585170438585
900-95029438686172438686
950-100029448787174448787
1000-110030448989178448989
1100-120030459191182459191
1200-130031469292184469292
1300-140031479494188479494
1400-150032489595190489595
1500-160032489797194489797
1600-170033499898196499898
1700-180033509999198509999
1800-1900335010010020050100100
1900-2000345110110120251101101
2000-3000375511011022055110110
3000-4000395911711723459117117
4000-5000416112212224461122122
5000-10000477014014028070140140
10000-15000507615115130276151151
15000-20000538015915931880159159
20000-25000558316616633283166166
25000-30000578617117134286171171
30000-40000609018018036090180180
40000-50000629418718737794187187
50000-60000649719319338697193193
60000-70000669919819839699198198
70000-8000067101202202404101202202
80000-9000069103206206412103206206
90000-10000070105210210420105210210

Table 10: Hazard Type 3 explosive

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-25000000912
25-3071020202010912
30-4071122222211912
40-5081223232312912
50-6081225252512915
60-7091326262613915
70-8091427272714915
80-9091428282814915
90-100101529292915915
100-150111734343417918
150-200121937373719918
200-2501320404040201021
250-3001421434343211021
300-3501522454545221123
350-4001623474747231123
400-4501624494949241225
450-5001725505050251225
500-5501726525252261432
550-6001827545454271432
600-6501828555555281432
650-7001928565656281432
700-7501929585858291432
750-8002029595959291432
800-8502030606060301432
850-9002031616161311432
900-9502131626262311432
950-10002132646464321432
1000-11002233666666331740
1100-12002234676767341740
1200-13002335696969351740
1300-14002436717171361740
1400-15002436737373361740
1500-16002537747474371740
1600-17002538767676381740
1700-18002639777777391740
1800-19002639797979391740
1900-20002740808080401740
2000-30003146929292461946
3000-40003450101101101502050
4000-50003654109109109542254
5000-100004668137137137682868
10000-150005278157157157783378
15000-200005786172172172863786
20000-250006293186186186934193
25000-300006699197197197994498
30000-400007210921721721710947110
40000-500007811723423423411750120
50000-600008312424924924912454130
60000-700008713126226226213158140
70000-800009113727427427413763140
80000-900009514228528528514267150
90000-1000009814729529529514770150

Table 11: Hazard Type 4 explosive

1 Quantity of explosives (kg)2 Class A distance (m)3 Class B distance (m)4 Class C distance (m)5 Class D distance (m)6 Class E distance (m)7 Class F distance (m)8 Class G distance (m)9 Class H distance (m)
0.1-250000000911
250-300111111911
300-340112221911
340-370123332911
370-400124442911
400-450235553911
450-500236663911
500-550247774912
550-650359995912
650-700351010105912
700-750461111116912
750-800461212126912
800-900471313137912
900-950571414147912
950-1000581515158912
1000-11005816161681219
1100-11506917171791219
1150-12006918181891219
1200-1300610191919101219
1300-1350710202020101219
1350-1400711212121111219
1400-1450711222222111219
1450-1550812232323121219
1550-1600812242424121219
1600-1650813252525131219
1650-1700913262626131219
1700-1800914272727141219
1800-1850914282828141219
1850-19001015292929151219
1900-20001015303030151219
2000-30001320404040201423
3000-40001320404040201624
4000-50001523454545231725
5000-100001726515151262227
10000-150001827545454272427
15000-200001828565656282527
20000-250001929575757292627
25000-300002030595959302727
30000-400002030606060302727
40000-500002031616161312727
50000-600002031616161312727
60000-700002131626262312727
70000-800002132636363322727
80000-900002132636363322727
90000-1000002132646464322727

Regulation 33(2)(a)

SCHEDULE 6U.K.UNIQUE IDENTIFICATION FOR CIVIL EXPLOSIVES

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

(a)a part which can be read by a human being containing the following—

(i)the name of the manufacturer;

(ii)an alphanumeric code containing—

(aa)two letters identifying the EEA State (place of production or import onto the market of the EEA States);

(bb)three digits identifying the site of manufacture; and

(cc)the unique product code and logistical information designed by the manufacturer; and

(b)a part which can be read electronically in barcode or matrix code format, or both, which relates directly to the alphanumeric identification code.

2.  For articles too small to affix the unique product code and logistical information designed by the manufacturer, the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 is sufficient for the purposes of the unique identification.U.K.

Regulation 33(1), (5) and (7)

SCHEDULE 7U.K.MARKING OR AFFIXING THE UNIQUE IDENTIFICATION TO CIVIL EXPLOSIVES

Cartridged explosives and explosives in sacksU.K.

1.  For a cartridged explosive and any explosive in sacks—

(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, each cartridge or sack;

(b)an associated label must be placed on each case of cartridges; and

(c)a passive inert electronic tag may be attached to each cartridge or sack and an associated electronic tag attached to each case of cartridges.

Packaged two-component explosivesU.K.

2.  Subject to paragraph 10(1), for a packaged two-component explosive, the unique identification must be on an adhesive label attached to, or be directly printed on, each smallest packaging unit containing the two components.

Plain detonatorsU.K.

3.  For plain detonators—

(a)subject to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Electric, non-electric and electronic detonatorsU.K.

4.  For electric, non-electric and electronic detonators—

(a)subject to paragraph 10(1), the unique identification must—

(i)be on an adhesive label attached to the wires or tube; or

(ii)be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Primers and boostersU.K.

5.  For primers and boosters—

(a)subject, in the case of boosters, to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed on, the primer or booster;

(b)an associated label must be placed on each case of primers or boosters; and

(c)a passive inert electronic tag may be attached to each primer or booster and an associated tag attached to each case of primers or boosters.

Detonating cordsU.K.

6.  For detonating cords—

(a)the unique identification must be on an adhesive label attached to, or be directly printed on, the bobbin;

(b)subject to paragraph 10(1) and (3), the unique identification must be marked every five meters on either the external envelope of the cord or the plastic extruded inner layer immediately under the exterior fibre of the cord;

(c)an associated label must be placed on each case of detonating cord; and

(d)a passive inert electronic tag may be inserted within the cord and an associated tag attached to each case of cord.

Cans, boxes and drums containing explosivesU.K.

7.  For cans, boxes and drums containing any explosive—

(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, the can, box or drum containing the explosive; and

(b)a passive inert electronic tag may be attached to each can, box and drum.

Civil explosives not referred to in paragraphs 1 to 7U.K.

8.  Each civil explosive item in respect of a civil explosive not referred to in paragraphs 1 to 7 must, subject to paragraph 10(1), be marked with the unique identification.

GeneralU.K.

9.  Where adhesive detachable copies of labels showing the unique identification are attached to civil explosive articles, containers or each smallest packaging unit concerned for use by other persons, those copies must be clearly marked as copies of the original.

Small explosive articlesU.K.

10.—(1) For articles smaller than those to which paragraph 2 of Schedule 6 applies, which are too small to affix the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 of Schedule 6 or where it is technically impossible due to their shape or design to affix a unique identification—

(a)the unique identification specified in paragraph 1 of that Schedule must be affixed on each smallest packaging unit; and

(b)that packaging unit must be closed with a seal.

(2) In the case of each plain detonator or booster to which sub-paragraph (1) applies—

(a)the requirements of, respectively, paragraphs 3(a) and 5(a) do not apply;

(b)the information under sub-paragraph (a)(ii)(aa) and (bb) of paragraph 1 of Schedule 6 must be marked, in a durable and clearly legible way, on, as the case may be, the plain detonator or booster; and

(c)the number of plain detonators or boosters contained in each smallest packaging unit must be printed on that unit.

(3) In the case of each detonating cord to which sub-paragraph (1) applies—

(a)the requirements of paragraph 6(b) do not apply; and

(b)the unique identification referred to in paragraph 1 of Schedule 6 must be marked on the reel or spool and on any smallest packaging unit.

(4) For the purposes of this paragraph, the smallest packaging unit means the smallest packaging unit on which it is possible to affix the unique identification specified in paragraph 1 of Schedule 6.

Regulation 38

SCHEDULE 8U.K.MEANING OF “PLASTIC EXPLOSIVE” AND “DETECTION AGENT”

PART 1 U.K.PLASTIC EXPLOSIVE

1.  For the purposes of regulation 38, “plastic explosive” means an explosive substance, commonly known as “plastic explosive”, including such substance in flexible or elastic sheet form and whether or not contained in an explosive article, which is—U.K.

(a)formulated with one or more high explosives which in their pure form have a vapour pressure less than 10−4 Pa at a temperature of 25°C;

(b)formulated with a binder material; and

(c)malleable or flexible at normal room temperature.

2.  The following explosives, even if meeting the description of plastic explosives in paragraph 1, are not to be regarded as plastic explosives for the purposes of regulation 38 as long as their manufacture or possession continues to be to a quantity and for a purpose specified in any of sub-paragraphs (a) to (c) of this paragraph, namely any explosive—U.K.

(a)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful research, development or testing of new or modified explosives;

(b)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful training in explosives detection or development or testing of explosives detection equipment; or

(c)the manufacture or possession of which is to a quantity no greater than is necessary for, and is solely for, the purpose of lawful forensic science.

3.  In this Part “high explosives” include, but are not restricted to, cyclotetramethylenetetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX).U.K.

PART 2 U.K.DETECTION AGENTS

Table

(1) Name of detection agent(2) Minimum concentration

Ethylene glycol dinitrate (EGDN)

2,3-Dimethyl-2,3-dinitrobutane (DMNB)

para-Mononitrotoluene (p-MNT)

0.2% by mass

1.0% by mass

0.5% by mass

Regulation 39

SCHEDULE 9U.K.ESSENTIAL SAFETY REQUIREMENTS

(This Schedule reproduces, with minor modifications, the provisions of Annex 1 to the Civil Uses Directive)

PART 1 U.K.GENERAL REQUIREMENTS

1.  Each civil explosive must be designed, manufactured and supplied in such a way as to present a minimal risk to the safety of human life and health, and to prevent damage to property and the environment under normal, foreseeable conditions, in particular as regards the safety rules and standard practices until such time as it is used.U.K.

2.  Each civil explosive must attain the performance characteristics specified by the manufacturer in order to ensure maximum safety and reliability.U.K.

3.  Each civil explosive must be designed and manufactured in such a way that when appropriate techniques are employed it can be disposed of in a manner which minimises effects on the environment.U.K.

PART 2 U.K.SPECIAL REQUIREMENTS

4.  As a minimum, the following information and properties—where appropriate—must be considered or tested. Each civil explosive should be tested under realistic conditions. If this is not possible in a laboratory, the tests should be carried out in the conditions in which the civil explosive is to be used.U.K.

(a)Design and characteristic properties, including chemical composition, degree of homogeneity and, where appropriate, dimensions and grain size distribution.

(b)The physical and chemical stability of the civil explosive in all environmental conditions to which it may be exposed.

(c)Sensitiveness to impact and friction.

(d)Compatibility of all components as regards their physical and chemical stability.

(e)The chemical purity of the civil explosive.

(f)Resistance of the civil explosive against influence of water where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by water.

(g)Resistance to low and high temperatures, where the civil explosive is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the civil explosive as a whole.

(h)The suitability of the civil explosive for use in hazardous environments (e.g. firedamp atmospheres, hot masses, etc.) if it is intended to be used under such conditions.

(i)Safety features intended to prevent untimely or inadvertent initiation or ignition.

(j)The correct loading and functioning of the civil explosive when used for its intended purpose.

(k)Suitable instructions and, where necessary, markings in respect of safe handling, storage, use and disposal in the official language or languages of the recipient EEA state.

(l)The ability of the civil explosive, its wrapping or other components to withstand deterioration during storage until the “use by” date specified by the manufacturer.

(m)Specification of all devices and accessories needed for reliable and safe functioning of the civil explosive.

5.  The various groups of civil explosives must at least also comply with the following requirements:U.K.

(a)Blasting Explosives

(i)The proposed method of initiation must ensure safe, reliable and complete detonation or deflagration as appropriate, of the blasting explosive. In the particular case of black powder, it is the capacity as regards deflagration which is to be checked.

(ii)Blasting explosives in cartridge form must transmit the detonation safely and reliably from one end of the train of cartridges to the other.

(iii)The fumes produced by blasting explosives intended for underground use may contain carbon monoxide, nitrous gases, other gases, vapours or airborne solid residues only in quantities which do not impair health under normal operating conditions.

(b)Detonating cords, safety fuses, other fuses and shock tubes

(i)The covering of detonating cords, safety fuses and other fuses must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal mechanical stress.

(ii)The parameters for the burning times of safety fuses must be indicated and must be reliably set.

(iii)Detonating cords must be capable of being reliably initiated, be of sufficient initiation capability and comply with requirements as regards storage even in particular climatic conditions.

(c)Detonators (including delay detonators) and relays

(i)Detonators must reliably initiate the detonation of the blasting explosives which are intended to be used with them under all foreseeable conditions of use.

(ii)Delay connectors for detonating cords must be reliably initiated.

(iii)The initiation capability must not be adversely affected by humidity.

(iv)The delay times of delay detonators must be sufficiently uniform to ensure that the probability of overlapping of the delay times of adjacent time steps is insignificant.

(v)The electrical characteristics of electric detonators must be indicated on the packaging (e.g. no-fire current, resistance, etc.).

(vi)The wires of electric detonators must be of sufficient insulation and mechanical strength including the solidity of the link to the detonator, taking account of their intended use.

(d)Propellants and rocket propellants

(i)These materials must not detonate when used for their intended purpose.

(ii)Propellants where necessary (e.g. those based on nitrocellulose) must be stabilised against decomposition.

(iii)Solid rocket propellants, when in compressed or cast form, must not contain any unintentional fissures or gas bubbles which dangerously affect their functioning.

Regulation 42(3)

SCHEDULE 10U.K.CONFORMITY MARKING

The CE conformity marking must consist of the initials “CE” taking the following form:

The marking may be reduced or enlarged but the proportions given in the above drawing must be respected.

Regulation 43

SCHEDULE 11U.K.ENFORCEMENT WITHIN GREAT BRITAIN

Valid from 05/04/2015

PART 1 U.K.INTRODUCTORY

1.—(1) This Schedule makes provision for the enforcement of these Regulations within Great Britain.U.K.

(2) Despite sub-paragraph (1), nothing in paragraphs 2 to 12 or 14 applies for the purpose of making any person responsible for the enforcement of these Regulations as they apply—

(a)on sites which are GB nuclear sites; or

(b)on any part of a site which is, or forms part of, a GB nuclear site M16.

(3) The provisions of this Schedule apply despite the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 M17.

Marginal Citations

M16Section 18 of the Health and Safety at Work etc. Act 1974 has been amended, by the Energy Act 2013 (c.32), Schedule 12, paragraph 6, with the effect that the Office for Nuclear Regulation is the enforcing authority (within the meaning of the 1974 Act) for the relevant statutory provisions as they apply in relation to GB nuclear sites. Exceptions may be made for the Office of Rail Regulation to enforce any of the relevant statutory provisions as they apply on such nuclear sites.

M17S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

PART 2 U.K.ENFORCEMENT OF PROVISIONS

Valid from 05/04/2015

Enforcement in respect of the manufacture and storage of explosivesU.K.

2.—(1) A licensing authority is the enforcing authority for the manufacture and storage provisions—

(a)for a site in relation to which it has granted a person a licence;

(b)where, in relation to a deemed licence, it would have been the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence had been made under these Regulations;

(c)where, in any case other than those mentioned in paragraphs (a) and (b)—

(i)it would be the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence is, or should have been, made under these Regulations; or

(ii)it would have been the licensing authority had the requirements of paragraph (1) of regulation 6 not been disapplied by paragraph (2) of that regulation or the requirements of paragraph (1) of regulation 7 not been disapplied by paragraph (2) of that regulation.

(2) In this paragraph—

(a)deemed licence” means—

(i)any licence deemed by regulation 47(1) to be a licence granted under regulation 13;

(ii)any licence deemed to be held by a person pursuant to regulation 47(12); and

(iii)any registration deemed by regulation 47(2) to be a licence granted under regulation 13;

(b)manufacture and storage provisions” means—

(i)regulations 6, 7, 23, 26, 27 and 30 as they apply otherwise than in respect of the manufacture and storage of ammonium nitrate blasting intermediate;

(ii)regulation 29 as it applies to the manufacture and storage of chlorate mixtures.

Valid from 05/04/2015

3.  A licensing authority is the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999 M18 in relation to the manufacture or storage of explosives for which it is the enforcing authority by virtue of paragraph 2.U.K.

Marginal Citations

M18S.I. 1999/3242, to which there are amendments not relevant to these Regulations.

Valid from 05/04/2015

4.  The enforcing authority for regulation 13(8) as it applies in respect of the manufacture and storage of any explosive and for regulations 6, 7, 23, 26, 27 and 30 as they apply in respect of the manufacture and storage of ammonium nitrate blasting intermediate is—U.K.

(a)in relation to manufacture or storage on an authorised defence site or a new nuclear build site, the ONR;

(b)otherwise, the Executive.

Valid from 05/04/2015

Enforcement in respect of discarding, disposal and decontaminationU.K.

5.  The licensing authority is the enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a site in relation to which it has granted that or any other person a licence.

Valid from 05/04/2015

6.—(1) The enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a place other than a site in relation to which a person holds a licence is—U.K.

(a)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the Executive in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the Executive;

(b)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the ONR in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the ONR;

(c)where neither paragraph (a) or (b) applies—

(i)in any case where the local authority is by virtue of the 1998 Regulations the enforcing authority for the premises, or part of premises, at which the disposal or decontamination is carried out, the local authority;

(ii)otherwise, the Executive.

(2) In this paragraph, “local authority” in sub-paragraph 1(c) has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 M19.

Marginal Citations

M19S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469. For the purposes of regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations, “local authority” means: (a) in relation to England, a county council so far as they are the council for an area in which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly; (b) in relation to Scotland, the council for a local government area; (c) in relation to Wales, a county council or county borough council.

Valid from 05/04/2015

Enforcement in respect of import of chlorate mixturesU.K.

7.  The Executive is the enforcing authority for regulation 29 as it applies to the import of pyrotechnic substances or pyrotechnic articles which consist of sulphur or phosphorous mixed with chlorate of potassium or other chlorates.

Valid from 05/04/2015

Enforcement in respect of acquisition and supply of fireworksU.K.

8.  The enforcing authority for regulation 9 is—

(a)for a site in relation to which it has granted a person a licence, the Executive;

(b)subject to sub-paragraph (a), a local authority which is a licensing authority in the area of that local authority.

Valid from 05/04/2015

Enforcement in respect of explosives certificates and access to relevant explosivesU.K.

9.—(1) The enforcing authority for regulations 5, 11(5), 21(4), 31, 32 and 37 in any area of Great Britain is the chief officer of police for that area.

(2) Despite sub-paragraph (1), the enforcing authority for regulations 31, 32 and 37 against a police force, any member of a police force or any relevant person is—

(a)so far as the relevant regulation applies in relation to activities carried out on, or in relation to, any authorised defence site or a new nuclear build site, the ONR;

(b)otherwise, the Executive.

(3) For the purposes of this paragraph “relevant person” means a person—

(a)appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff); or

(b)appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff).

Valid from 05/04/2015

Enforcement in respect of identification and traceabilityU.K.

10.  The enforcing authority for regulation 33—

(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is that chief officer of police;

(b)at an authorised defence site or a new nuclear build site, is the ONR;

(c)otherwise, is the Executive.

Valid from 05/04/2015

11.—(1) The enforcing authority for regulation 34 is the Executive.U.K.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 34 to the extent that it imposes requirements on manufacturers who—

(a)are established in Great Britain; and

(b)manufacture explosives on an authorised defence site or a new nuclear build site.

Valid from 05/04/2015

Enforcement in respect of record keepingU.K.

12.—(1) The enforcing authority for regulation 35 is—

(a)the Executive—

(i)in respect of any place within a site in relation to which it is the licensing authority;

(ii)subject to paragraph (b)(ii), in respect of any place occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence;

(iii)in respect of any place below ground in any mine;

(iv)subject to paragraph (b)(iii), against a police force, any member of a police force or relevant person;

(b)the ONR—

(i)in respect of any place within a site in relation to which it is the licensing authority;

(ii)in respect of any place within an authorised defence site or a new nuclear build site;

(iii)against a police force, any member of a police force or any relevant person, so far as regulation 35 applies in relation to activities carried out on, or in relation to, any authorised defence site or new nuclear build site;

(c)in any other case, the chief officer of police for the area.

(2) In this paragraph “relevant person” has the meaning given in paragraph 9.

Valid from 05/04/2015

13.  The enforcing authority for regulation 36—U.K.

(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is, subject to sub-paragraph (b), that chief officer of police;

(b)at a site which is, or forms part of, an authorised defence site or a new nuclear build site, is the ONR;

(c)in any other case, is the Executive.

Valid from 05/04/2015

Enforcement in respect of unmarked plastic explosivesU.K.

14.—(1) The enforcing authority for regulation 38 is the Executive.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for paragraphs (1) and (2) of regulation 38 as they apply on, or in relation to, an authorised defence site or a new nuclear build site.

Enforcement in respect of transfers, and the placing on the market, of civil explosivesU.K.

15.—(1) The Executive is the enforcing authority for regulation 8 and Part 13.

(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 8 as it applies on, or in relation to, any activity carried out wholly or mainly on an authorised defence site or a new nuclear build site.

Regulation 45

SCHEDULE 12U.K.ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES

1.  This Schedule applies in relation to the enforcement of —U.K.

(a)regulation 8, to the extent that it is made under section 2(2) of the European Communities Act 1972 M20, by the Executive or the ONR; and

(b)Part 13 by the Executive.

2.  In relation to the enforcement of the provisions referred to in paragraph 1 —U.K.

(a)sections 19 to 28, 33 to 35, 38, 39, 41 and 42 of, and Schedule 3A to, the 1974 Act apply as provided in paragraph 3; and

(b)sections 36(1) and (2) and 37 of the 1974 Act apply in relation to offences under section 33 of the 1974 Act as applied by paragraph (a) and the modifications specified in paragraph 3.

3.  For the purposes of the enforcement of the provisions referred to in paragraph 1, and in respect of any related proceedings for a contravention of any of those provisions, the provisions of the 1974 Act mentioned in paragraph 2 apply as if—U.K.

(a)any reference to the relevant statutory provisions were a reference to —

(i)those provisions modified by this paragraph; and

(ii)regulation 8 and Part 13 of these Regulations;

(b)any reference to an enforcing authority or a responsible enforcing authority were a reference to the Executive or the ONR, as the case may be;

(c)any reference to the field of responsibility, however expressed were omitted;

(d)in section 20—

(i)subsection 2(h), the reference to any article or substance which appears to an inspector to have caused or to be likely to cause danger to health or safety included a reference to any civil explosive item which an inspector has reasonable cause to believe will be unlawfully acquired, used or dealt in;

(ii)the reference in subsection (2)(i) to “the preceding paragraph” included also a reference to subsection (2)(h) as modified by this paragraph;

(iii)subsection (3) were omitted;

(iv)the reference to subsection (2)(h) in subsections (4) and (5) included also a reference to subsection (2)(h) as modified by this paragraph; and

(v)the reference to subsection (2)(i) in subsection (6) included also a reference to subsection (2)(i) as modified by this paragraph;

(e)section 22 permitted an inspector to serve a prohibition notice, in addition to the circumstances specified in that section, in any case where—

(i)a manufacturer, or any person acting as agent for the manufacturer, or, failing them, the person responsible for placing the explosives on the market, has failed to comply with the requirements of regulation 42 in relation to the CE marking; and

(ii)the manufacturer, agent or the person responsible for placing the explosives on the market, as the case may be, has been served with a notice under paragraph 4 of this Schedule or an improvement notice under section 21 of the 1974 Act in respect of that failure and has continued to fail to comply after the period for remedying the contravention specified in the respective notice;

(f)subsections (3), (4) and (6) of section 23 were omitted;

(g)in section 33 —

(i)in subsection (1) —

(aa)paragraphs (a), (b) and (d) were omitted;

(bb)in paragraph (c), any reference to health and safety regulations were a reference to regulation 8 and Part 13; and

(ii)subsection (3) were omitted; and

(h)in section 34 —

(i)paragraphs (a) and (b) of subsection (1) were omitted; and

(ii)in subsection (3), the reference to six months were a reference to twelve months.

Civil explosives which do not satisfy the requirements of regulation 39(1)(a) and (b)U.K.

4.  Where it is satisfied that the CE marking has been affixed to civil explosives but that the civil explosives do not satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39, the Executive may serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure that the civil explosives do satisfy the requirements of those sub-paragraphs.

5.  Where it is satisfied that civil explosives in respect of which a notice has been served in accordance with paragraph 4 continue not to satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39, the Executive may serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure the civil explosives are withdrawn from the market.U.K.

Explosives which may compromise safety when used for their intended purposeU.K.

6.  Where it is satisfied that civil explosives to which the CE marking has been affixed may compromise safety when being used for their intended purpose, the Executive may serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure the civil explosives are withdrawn from the market.

Supplementary provisionsU.K.

7.  A notice referred to in paragraph 4 or 5 may be served on—

(a)the manufacturer of the civil explosives or any person acting as agent for the manufacturer; or, failing them,

(b)the person responsible for placing the civil explosives on the market.

8.  A notice referred to in paragraph 6 may be served on any person the Executive has reasonable grounds for believing is in a position to take the measures specified in the notice.U.K.

9.  A notice referred to in paragraphs 4 to 6—U.K.

(a)must specify measures to be taken under the notice,

(b)may be subject to conditions, and

(c)must—

(i)have immediate effect; or

(ii)allow such time for compliance as the Executive specifies in the notice.

Regulation 48(1)

SCHEDULE 13U.K.AMENDMENTS

PART 1 U.K.AMENDMENTS TO PRIMARY LEGISLATION

Explosives Act 1875U.K.

1.—(1) The Explosives Act 1875 M21 is amended as follows.

(2) Omit sections 23 and 61.

(3) In section 74 (seizure and detention of explosives liable to forfeiture) —

(a)in the opening words, omit “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”;

(b)in subsection (1)—

(i)for the words from “he is an inspector” to “a justice”, substitute “ he is authorised by an order from a justice ”; and

(ii)omit “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; and

(c)after subsection (6), omit the words from “In this section” to the end of the section.

Marginal Citations

M211875 c. 17 (38 & 39 Vict.); section 23 was substituted by S.I. 2005/1082 in relation to England, Wales and Scotland. Sections 61 and 74 were amended by the Energy Act 2013 (C. 32), Schedule 12, Part 5, paragraphs 50 and 52 and section 61 was additionally amended by S.I. 1974/1885.

London Building Act 1930U.K.

2.  In section 143 of the London Building Act 1930 M22 (regulations for building near dangerous business), in subsection (4)(a), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M221930 c. clviii; section 143(4)(a) was amended by S.I. 2005/1082.

Fireworks Act 1951U.K.

3.  The Fireworks Act 1951 M23 is repealed.

Marginal Citations

Customs and Excise Management Act 1979U.K.

4.  In section 75(1) of the Customs and Excise Management Act 1979 M24 (explosives), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

Isle of Man Act 1979U.K.

5.  In section 8(2) of the Isle of Man Act 1979 M25 (removal of goods from Isle of Man to United Kingdom)—

(a)at the end of paragraph (b) insert “ or ”; and

(b)for paragraphs (c) and (d) substitute —

(c)any explosives the importation of which into the United Kingdom is prohibited by regulation 29 of the Explosives Regulations 2014..

Marginal Citations

Environmental Protection Act 1990U.K.

6.  In section 142(7) of the Environmental Protection Act 1990 M26 (powers to obtain information about potentially hazardous substances), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M261990 c.43; the entry relating to the Manufacture and Storage of Explosives Regulations 2005 in section 142(7) was inserted by S.I. 2005/1082.

Fireworks Act 2003U.K.

7.  In section 14(2) of the Fireworks Act 2003 M27 (prohibition of supply etc. of other explosives), for “the Explosives Act 1875 (c. 17)” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

Energy Act 2013U.K.

8.—(1) The Energy Act 2013 M28 is amended as follows.

(2) In Schedule 12 (minor and consequential amendments relating to Part 3), omit paragraphs 50 to 52.

Marginal Citations

PART 2 U.K.AMENDMENTS TO SECONDARY LEGISLATION

The Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969U.K.

9.  In Schedule 1 to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969 M29 (exempted matter), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M29S.I. 1969/1263, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974U.K.

10.  In Schedule 2 to the Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974 M30 (the Explosives Act 1875: modifications), omit paragraph 5.

Marginal Citations

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975U.K.

11.  The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 M31 is amended as follows—

(a)in paragraph 8 of Part III of Schedule 1 (excepted professions, offices, employments, work and occupations), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”;

(b)in paragraph 3 of Schedule 2 (excepted licences, certificates and permits), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”; and

(c)for paragraph 13 of Schedule 3 (excepted proceedings) substitute—

13.  Proceedings in respect of—

(a)an application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the Explosives Regulations 2014 (“the 2014 Regulations”) as to the fitness of the applicant to acquire or acquire and keep explosives, including consideration as to whether to refuse the application on any of the grounds specified in regulation 19 of the 2014 Regulations;

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;

(c)an appeal or application pursuant to regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21..

Marginal Citations

M31S.I. 1975/1023, amended by S.I. 2005/1082 and revoked, in relation to Scotland, by S.S.I 2003/321. There are other amending instruments but none is relevant.

The Isles of Scilly (Functions) Order 1979U.K.

12.  In article 3(e) of the Isles of Scilly (Functions) Order 1979 M32

(a)omit “the Explosives Act 1875;”; and

(b)for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.

Marginal Citations

M32S.I. 1979/72, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Dangerous Substances in Harbour Areas Regulations 1987U.K.

13.  Regulation 33 of the Dangerous Substances in Harbour Areas Regulations 1987 M33 (Application of Part IX) is amended as follows—

(a)in sub-paragraph (b) of paragraph 1, for the words from “article 8” to “Order 2001” substitute “ article 11 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013 M34; and

(b)in sub-paragraph (e) of paragraph 2—

(i)in paragraph (i), for “ licensed under the Manufacture and Storage of Explosives Regulations 2005” substitute “ in relation to which a person holds a licence under the Explosives Regulations 2014 (“the 2014 Regulations”) ”; and

(ii)for paragraph (ii), substitute—

(ii)in relation to which a person is deemed to be licensed under the 2014 Regulations by virtue of regulation 47(1) of those Regulations in cases where, in relation to that deemed licence, the assent of the local authority would have been required pursuant to regulation 13(3) of the 2014 Regulations had a licence been applied for under those Regulations;.

Marginal Citations

M33S.I. 1987/37, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Planning (Hazardous Substances) Regulations 1992U.K.

14.—(1) Schedule 1 to the Planning (Hazardous Substances) Regulations 1992 M35 (hazardous substances and controlled quantities) is amended as follows.

(2) In column 1 of entry number 54 in Part A as it applies in England, for paragraph (1) substitute—

(1) cellulose nitrate —

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or.

(3) In column 1 of entry number 54 in Part A as it applies in Wales, for paragraph (1) substitute—

(1) cellulose nitrate—

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or.

(4) In Part B as it applies in England—

(a)in column 1 of entry 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations, or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987; and

(b)in column 1 of entry 5, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987.

(5) In Part B as it applies in Wales—

(a)in column 1 of entry 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987; and

(b)in column 1 of entry 5, for the words from “EXPLOSIVE” to “Regulations 1987 substitute—

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987.

Marginal Citations

M35S.I. 1992/656; relevant amending instruments are S.I. 2009/1901 (in relation to England), 2010/450 (W.48) (in relation to Wales) and 2014/469.

Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993U.K.

15.  In regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993 M36 (interpretation), in the definition of “explosives store” for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.

Marginal Citations

M36S.I. 1993/208, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993U.K.

16.  Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 M37 (hazardous substances and controlled quantities) is amended as follows—

(a)in Part A, in column 1 of entry number 54, for paragraph (1), substitute—

(1) cellulose nitrate—

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or; and

(b)in Part B—

(i)in column 1 of entry number 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—

EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those —

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987; and

(ii)in column 1 of entry number 5, for the words from “EXPLOSIVE” to “Regulations 1987”, substitute—

EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those—

(a)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—

(i)

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(ii)

paragraph 1(d) of Schedule 1 to those Regulations; or

(b)

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

(c)

licensed under the Dangerous Substances in Harbour Areas Regulations 1987.

Marginal Citations

M37S.I. 1993/323; relevant amending instruments are S.S.I. 2009/378 and 2014/469.

The Health and Safety (Enforcing Authority) Regulations 1998U.K.

17.  In regulation 4 of the Health and Safety (Enforcing Authority) Regulations 1998 M38 (exceptions), omit paragraphs (7) to (12).

Marginal Citations

M38S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

The Visiting Forces and International Headquarters (Application of Law) Order 1999U.K.

18.  In Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 M39 (enactments conferring specific exemptions, privileges etc.), omit the entry relating to the Fireworks Act 1951.

Marginal Citations

M39S.I. 1999/1736, to which there are amendments not relevant to these Regulations.

The Quarries Regulations 1999U.K.

19.  In regulation 2(1) of the Quarries Regulations 1999 M40 (interpretation), in the definition of “explosives store”, for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.

Marginal Citations

M40S.I. 1999/2024, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

Building (Scotland) Regulations 2004U.K.

20.  For paragraph 1 of Schedule 1 to the Building (Scotland) Regulations 2004 M41 (exempted buildings and services, fittings and equipment), substitute—

1.(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where the whole building is used for that manufacture or storage.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014, that part of the building where the licence specifies that that manufacture or storage may take place.

(3) Except— sub-paragraphs (1) and (2) do not include any building or, as the case may be, any part of a building as is referred to in, respectively, sub-paragraph (1) or (2) in relation to which—

(a)no minimum separation distance is required to be maintained by virtue of regulation 27(2)(a) or (3) of the Explosives Regulations 2014; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, the Explosives Regulations 2014 and the requirement for the assent of the local authority under regulation 13(3) of those Regulations did not apply by virtue of regulation 13(4)(a) of those Regulations..

Marginal Citations

M41S.S.I. 2004/406, amended by S.S.I. 2006/534; there are other amending instruments but none is relevant.

The REACH Enforcement Regulations 2008U.K.

21.  In paragraph 1 of Part 3 of Schedule 3 to the REACH Enforcement Regulations 2008 M42 (health and safety enforcement) for sub-paragraph (t), substitute—

(t)in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014..

Marginal Citations

M42S.I. 2008/2852, to which there are amendments not relevant to these Regulations.

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009U.K.

22.  In regulation 2 of the Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 M43 (extension outside Great Britain)—

(a)omit paragraphs (a) and (b); and

(b)omit “, respectively, regulation 14 of the Control of Explosives Regulations 1991, regulation 3(1)(b) of the Manufacture and Storage of Explosives Regulations 2005 and”.

Marginal Citations

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009U.K.

23.  In regulation 7 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M44 (additional security requirements for carriage by road), for paragraph (5)(c) substitute—

(c)a safe and secure place” means a safe and secure place—

(i)within a site in relation to which a person is licensed to manufacture or store explosives under regulation 13 of the Explosives Regulations 2014; or

(ii)at which the manufacture or storage of explosives may lawfully take place by virtue of a certificate of exemption granted under those Regulations..

Marginal Citations

M44S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

The Building Regulations 2010U.K.

24.  For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2010 M45 (exempt buildings and work), substitute—

1.(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where—

(a)the whole building is used for that manufacture or storage, and either

(b)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(c)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and —

(a)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,

that part of the building where the licence specifies that that manufacture or storage may take place..

Marginal Citations

M45S.I. 2010/2214, to which there are amendments not relevant to these Regulations.

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

25.  The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 M46 are amended as follows—

(a)in regulation 17(2) (consequential amendments), omit sub-paragraphs (c), (d) and (e); and

(b)in the Schedule omit paragraphs 3, 4 and 5.

Marginal Citations

The Health and Safety (Fees) Regulations 2012U.K.

26.  The Health and Safety (Fees) Regulations 2012 M47 are amended as follows.

Marginal Citations

M47S.I. 2012/1652, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

27.  In regulation 1(4) (citation, commencement and interpretation), for “explosives certificate, licence or registration” substitute “ explosive certificate or licence ”.U.K.

28.—(1) In regulation 9 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—U.K.

(a)for paragraph (1), substitute—

(1) Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of—

(a)paragraph 1(c) or (d) of Schedule 1 to the 2014 Regulations, or

(b)paragraphs 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.;

(b)in paragraph (2), after “manufacture” insert “ or store ”;

(c)for paragraph (3), substitute—

(3) Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of—

(a)paragraph 1(a) of Schedule 1 to the 2014 Regulations, or

(b)paragraphs 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.;

(d)in paragraph (11)—

(i)for “1991” substitute “ 2014 ”; and

(ii)for “4(6)(d)” substitute “ 19(2)(d) ”; and

(e)in paragraph (13)—

(i)omit the definition of “the 1991 Regulations”;

(ii)for the definition of “the 2005 Regulations” substitute—

the 2014 Regulations” means the Explosives Regulations 2014;;

(iii)for the definition beginning “ “ammonium nitrate blasting intermediate”” substitute “ “ammonium nitrate blasting intermediate”, “chief officer of police”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “prohibited person”, “shooters' powder” and “site” have the same meanings as in the 2014 Regulations;”; and

(iv)omit the definition beginning “ “chief officer of police””.

29.  In Schedule 8 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—U.K.

(a)for the heading and Part 1, substitute—

U.K.FEES PAYABLE IN RELATION TO THE EXPLOSIVES REGULATIONS 2014, THE ACETYLENE SAFETY (ENGLAND, WALES AND SCOTLAND) REGULATIONS 2014 AND THE PETROLEUM (CONSOLIDATION) REGULATIONS 2014

PART 1 U.K.FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENCES, TO MANUFACTURE OR TO STORE EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPHS 1(c) OR (d) OF SCHEDULE 1 TO THE EXPLOSIVES REGULATIONS 2014 OR PARAGRAPHS 1(b), 2 OR 4 OF THAT SCHEDULE IN LOCAL AUTHORITY ASSENT CASES OR WHERE NO ASSENT REQUIRED BY VIRTUE OF REGULATION 13(4)(b) TO (g)
Table 1
1 2 3 4
Provision under which a licence is granted Purpose of application Fee Fee for work by Specialist Inspector
The 2014 Regulations
Regulation 13, as extended by regulation 2(2) of those Regulations to the manufacture and storage of ammonium nitrate blasting intermediateLicence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing£631£127 per hour worked
Licence to manufacture or store only ammonium nitrate blasting intermediate£156 per hour worked
Licence to manufacture explosives by means of on-site mixing£234£127 per hour worked

Licence to store explosives:

£631£127 per hour worked
Renewal of any of the above licences£83£127 per hour worked
Regulation 16Varying a licence to manufacture or store explosives, not being ammonium nitrate blasting intermediate:£432£127 per hour worked

Varying a licence to manufacture or store ammonium nitrate blasting intermediate

£156 per hour worked
Regulation 17Transfer of any of the above licences£52
Replacement of any licences referred to in this Part if lost

£52;

(b)for Part 2 substitute—

PART 2 U.K.FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENSES TO STORE EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPH 1(a) OF SCHEDULE 1 TO THE 2014 REGULATIONS OR PARAGRAPH 1(b), 2 OR 4 OF THAT SCHEDULE IN CASES WHERE LOCAL AUTHORITY ASSENT IS NOT REQUIRED BY VIRTUE OF REGULATION 13(4)(a)

Table 2
1 2 3
Provision under which a licence is granted Purpose of application Fee
The 2014 Regulations
Regulation 13Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed:
(a) one year's duration£178
(b) two years' duration£234
(c) three years' duration£292
(d) four years' duration£360
(e) five years' duration£407
Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed:
(a) one year's duration£105
(b) two years' duration£136
(c) three years' duration£166
(d) four years' duration£198
(e) five years' duration£229
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed:
(a) one year's duration£83
(b) two years' duration£141
(c) three years' duration£198
(d) four years' duration£256
(e) five years' duration£313
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed:
(a) one year's duration£52
(b) two years' duration£83
(c) three years' duration£115
(d) four years' duration£146
(e) five years' duration£178
Regulation 16Varying a licence:
(a) varying name of licensee or address of site£35
(b) any other kind of variationThe reasonable cost to the licensing authority of having the work carried out
Regulation 17Transfer of licence£35
Replacement of licence£35

Note: The fee payable for a licence or renewal of a licence—

(a)of less than one year's duration is, respectively, the fee set out above for a licence, or renewal of a licence of one year's duration decreased proportionately according to the duration of the period for which the licence renewal is granted;

(b)of more than one but less than two years' duration is, respectively, the fee set out above for a licence, or a renewal of a licence of one year's duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(c)of more than two but less than three years' duration is, respectively, the fee set out above for a licence or renewal of a licence of two years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(d)of more than three but less than four years' duration is, respectively, the fee set above for a licence or renewal of a licence of three years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

(e)of more than four but less than five years' duration is, respectively, the fee set out above for a licence or renewal of a licence of four years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted.; and

(c)for Part 8 substitute—

PART 8 U.K.FEES FOR EXPLOSIVES CERTIFICATES UNDER THE EXPLOSIVES REGULATIONS 2014

Table 1
12 3
Provisions under which a fee is payablePurpose of applicationFee
The 2014 Regulations

Regulation 11

(see Note)

(a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (c), (g) or (i), at a site in relation to which a person holds a licence to store explosives and, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations no minimum separation distance is prescribed or a 0 metres minimum separation distance is prescribed:
(i) one year's duration£125
(ii) two years' duration£156
(iii) three years' duration£188
(iv) four years' duration£219
(v) five years' duration£251
(b) Renewal of the explosives certificate referred to in (a):
(i) one year's duration£110
(ii) two years' duration£130
(iii) three years' duration£151
(iv) four years' duration£173
(v) five years' duration£193
(c) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (a), (g) or (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives:
(i) one year's duration£136
(ii) two years' duration£166
(iii) three years' duration£198
(iv) four years' duration£229
(v) five years' duration£261
(d) Renewal of the explosives certificate referred to in (c):
(i) one year's duration£130
(ii) two years' duration£156
(iii) three years' duration£183
(iv) four years' duration£209
(v) five years' duration£234
(e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives:
(i) one year's duration£183
(ii) two years' duration£219
(iii) three years' duration£256
(iv) four years' duration£292
(v) five years' duration£329
(f) Renewal of the explosives certificate referred to in (e):
(i) one year's duration£161
(ii) two years' duration£193
(iii) three years' duration£224
(iv) four years' duration£256
(v) five years' duration£287
(g) Explosives certificate for acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time£24
(h) Renewal of the explosives certificate referred to in (g) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time£15
(i) Explosives certificate for the acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence and a relevant certificate, where no relevant application under the 1968 Act by the applicant is to be determined at the same time£44
(j) Renewal of the explosives certificate referred to in (i) where no relevant application under the 1968 Act by the applicant is to be determined at the same time£18
(k) Explosives certificate for acquiring more than 15 kilograms of explosives, not including an application for an explosives certificate referred to in entries (m) or (o):
(i) one year's duration£125
(ii) two years duration£156
(iii) three years duration£188
(iv) four years duration£219
(v) five years duration£251
(l) Renewal of the explosive certificate referred to in (k):
(i) one year's duration£110
(ii) two years duration£130
(iii) three years duration£151
(iv) four years duration£173
(v) five years duration£193

(m) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time

£24
(n) Renewal of the explosives certificate referred to in (m) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time£15
(o) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant holds a relevant certificate and no relevant application under the 1968 Act is to be determined at the same time£44
(p) Renewal of the explosives certificate referred to in (o) where no relevant application under the 1968 Act by the applicant is to be determined at the same time£18
(q) Replacement of any explosives certificate referred to in (a) to (f) and (k) and (l) if lost£35
(r) Replacement of any explosives certificate referred to in (g) to (j) and (m) to (p) if lost£10
Table 2
The fee for a check carried out for the purposes of regulation 19(2)(d) of the 2014 Regulations is £5

Note: The fee payable for an explosives certificate or renewal of an explosives certificate (“renewal”)—

(a)of less than one year's duration is, respectively, the fee set out above for a certificate, or renewal of an explosives certificate of one year's duration decreased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(b)of more than one but less than two years' duration is, respectively, the fee set out above for an explosives certificate, or a renewal of an explosives certificate of one year's duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(c)of more than two but less than three years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of two years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(d)of more than three but less than four years' duration is, respectively, the fee set above for an explosives certificate or renewal of an explosives certificate of three years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

(e)of more than four but less than five years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of four years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted..

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013U.K.

30.  The Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) (Scotland) Order 2013 M48 is amended as follows—

(a)for paragraph 10 of Schedule 1 (proceedings) substitute—

10.  Proceedings under the Explosives Regulations 2014 (“the 2014 Regulations”) in respect of—

(a)the application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the 2014 Regulations certifying a person to be a fit and proper person to acquire or acquire and keep explosives;

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;

(c)an appeal or application to the Sheriff under regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.;

(b)in paragraph 3(3)(c) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act), for “regulation 4 of the Control of Explosives Regulations 1991” substitute “ regulation 11 of the Explosives Regulations 2014 ”; and

(c)in paragraph 4 of Part 3 of Schedule 4 (excepted professions, offices, employments and occupations) for “regulation 4 of the Control of Explosives Regulations 1991” substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”.

Marginal Citations

M48S.S.I. 2013/50, to which there are amendments not relevant to these Regulations.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013U.K.

31.  The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 M49 are amended as follows—

(a)in regulation 2(1) (interpretation), in the definition of “explosives” for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”; and

(b)in paragraph 5(a) of Part 1 of Schedule 2 (dangerous occurrences) for “or registration, as the case may be, under regulation 9, 10 or 11 of the Manufacture and Storage of Explosives Regulations 2005” substitute “ under regulations 6 or 7 of the Explosives Regulations 2014 ”.

Marginal Citations

Regulation 48(2) and (3)

SCHEDULE 14U.K.REPEALS AND REVOCATIONS

PART 1 U.K.REPEALS

1. Title2. Reference3. Extent of repeal
Explosives Act 1875.c. 17 (38 & 39 Vict).Sections 23 and 61; in section 74, in the opening words, “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”; in subsection (1), “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; after subsection (6), the words from “In this section” to the end of the section.
Fireworks Act 1951*.c. 58.The whole Act.
Energy Act 2013*c.32In Schedule 12, paragraphs 50 to 52.

PART 2 U.K.REVOCATIONS

1. Title2. Reference3. Extent of revocation
Order of Secretary of State (No 11), dated September 20, 1924, making Byelaws as to the Conveyance of Explosives on Roads, and in certain special cases.S.R. & O. 1924/1129.The whole instrument.
Order in Council (No 26) Relating to Picric Acid, Picrates and Mixtures of Picric Acid with other Substances.S. R. & O. 1926/823.The whole instrument.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974.S.I. 1974/1885.Regulation 2(a) and Schedule 1, except to the extent that they relate to sections 73, 75 and 89 of the Explosives Act 1875 as amended by S.I. 1974/2166; regulations 3 to 7, paragraphs 1 to 4 and 6 to 21 of Schedule 2, and Schedule 3.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) (Amendment) Regulations 1974.S.I. 1974/2166.The whole instrument.
The Control of Explosives Regulations 1991.S.I. 1991/1531.The whole instrument.
The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993.S.I. 1993/2714.The whole instrument.
The Marking of Plastic Explosives for Detection Regulations 1996S.I. 1996/890The whole instrument
The Health and Safety (Enforcing Authority) Regulations 1998S.I. 1998/494.In regulation 4, paragraphs (7) to (12).
The Manufacture and Storage of Explosives Regulations 2005.S.I. 2005/1082.The whole instrument.
The Manufacture and Storage of Explosives and the Health and Safety (Enforcing Authority) (Amendment and Supplementary Provisions) Regulations 2007.S.I. 2007/2598.

The whole instrument.

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009.S.I. 2009/693.In regulation 2, paragraphs (a) and (b); paragraphs 1, 2 and 4 of Schedule 1.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011.S.I. 2011/1885.In regulation 17(2), sub-paragraphs (c), (d) and (e); paragraphs 3, 4 and 5 of the Schedule.
The Identification and Traceability of Explosives Regulations 2013.S.I. 2013/449.The whole instrument.
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014.S.I. 2014/469

In Schedule 2, paragraph 1.

In Schedule 3, paragraphs 46 to 51, 53 to 55, 110 to 122 and 146.

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