The Manufacture and Storage of Explosives Regulations 2005

1	2	3	4	5	6
Quantity of explosives (kg)	Low density distance (m)	High density distance (m)	Vulnerable building distance (m)	Reference zone radius (m)	Maximum number of dwellings in reference zone
0.1 – 25	101	-	101	-	-
25 – 50	107	-	107	-	-
50 – 75	112	-	112	-	-
75 – 100	118	-	118	-	-
100 – 150	128	142	128	257	81
150 – 200	139	156	139	278	96
200 – 300	161	180	161	322	128
300 – 400	183	-	183	-	-
400 – 450	193	-	193	-	-
450 – 500	204	-	204	-	-
500 – 600	204	-	216	-	-
600 – 700	204	231	238	408	206
700 – 800	204	238	260	408	206
800 – 900	204	245	280	408	206
900 – 1000	204	250	300	408	206
1000 – 1100	204	255	319	408	206
1100 – 1200	204	259	337	408	206
1200 – 1300	204	263	354	408	206
1300 – 1400	204	266	370	408	206
1400 – 1500	204	269	386	408	206
1500 – 1600	204	272	402	408	206
1600 – 1700	208	274	416	416	214
1700 – 1800	215	277	431	431	229
1800 – 1900	222	279	444	444	244
1900 - 2000	229	281	458	458	259
1	2	3
---	---	---
Quantity of explosives (kg)	Low density distance (m)	Vulnerable building distance (m)
0.1 – 25	141	141
25 – 50	160	160
50 – 75	180	180
75 – 100	199	199
100 – 150	230	230
150 – 200	256	256
200 – 300	293	293
300 – 400	320	320
400 – 450	331	331
450 – 500	340	340
500 – 600	355	355
600 – 700	367	367
700 – 800	377	377
800 – 900	385	385
900 – 1000	392	392
1000 – 1100	398	398
1100 – 1200	403	403
1200 – 1300	408	408
1300 – 1400	412	412
1400 – 1500	415	415
1500 – 1600	418	418
1600 – 1700	421	421
1700 – 1800	424	431
1800 – 1900	426	444
1900 – 2000	428	458
1	2	3	4	5	6
---	---	---	---	---	---
Quantity of explosives (kg)	Low density distance (m)	High density distance (m)	Vulnerable building distance (m)	Reference zone radius (m)	Maximum number of dwellings in reference zone
0.1 – 25	34	45	40	68	6
25 – 50	37	45	48	74	7
50 – 75	40	45	54	80	8
75 – 100	43	48	66	86	9
100 – 150	49	55	86	97	12
150 – 200	54	62	104	109	15
200 – 300	68	76	136	136	23
300 – 400	83	-	165	-	-
400 – 450	89	-	178	-	-
450 – 500	96	-	191	-	-
500 – 600	108	-	216	-	-
600 – 700	119	-	238	-	-
700 – 800	130	-	260	-	-
800 – 900	140	-	280	-	-
900 – 1000	150	-	300	-	-
1000 – 1100	159	-	319	-	-
1100 – 1200	168	-	337	-	-
1200 – 1300	177	-	354	-	-
1300 – 1400	185	-	370	-	-
1400 – 1500	193	-	386	-	-
1500 – 1600	201	-	402	-	-
1600 – 1700	208	-	416	-	-
1700 – 1800	215	-	431	-	-
1800 – 1900	222	-	444	-	-
1900 - 2000	229	-	458	-	-
1	2	3	4	5	6
---	---	---	---	---	---
Quantity of explosives (kg)	Low density distance (m)	High density distance (m)	Vulnerable building distance (m)	Reference zone radius	Maximum number of dwellings in reference zone
0.1 – 10	23	30	40	46	3
10 – 20	29	35	42	57	4
20 – 30	33	39	44	65	5
30 – 40	36	42	46	71	6
40 – 50	38	44	48	76	7
50 – 60	40	46	48	80	8
60 – 70	42	48	52	84	9
70 – 80	43	50	57	87	9
80 – 90	44	52	61	89	10
90 – 100	45	55	66	91	10
100 – 110	46	57	70	93	11
110 – 120	47	59	74	95	11
120 – 130	48	62	78	97	12
130 – 140	49	64	82	98	12
140 – 150	50	66	86	100	12
150 – 160	51	68	90	102	13
160 – 170	52	71	93	104	13
170 –180	53	73	97	106	14
180 – 190	54	75	101	108	14
190 – 200	55	78	104	110	15
200 – 300	68	101	136	136	23
300 – 400	83	124	165	165	34
400 – 450	89	135	178	178	39
450 – 500	96	138	191	191	45
500 – 600	108	144	216	216	57
600 – 700	119	150	238	238	70
700 – 800	130	156	260	260	83
800 – 900	140	162	280	280	97
900 – 1000	150	168	300	300	111
1000 – 1100	159	168	319	318	111
1100 – 1200	168	-	337	-	-
1200 – 1300	177	-	354	-	-
1300 – 1400	185	-	370	-	-
1400 – 1500	193	-	386	-	-
1500 – 1600	201	-	402	-	-
1600 – 1700	208	-	416	-	-
1700 – 1800	215	-	431	-	-
1800 – 1900	222	-	444	-	-
1900 – 2000	229	-	458	-	-
1	2	3	4	5	6
---	---	---	---	---	---
Quantity of explosives (kg)	Low density distance (m)	High density distance (m)	Vulnerable building distance (m)	Reference zone radius (m)	Maximum number of dwellings in reference zone
0.1 – 25	38	53	54	74	11
25 – 50	43	53	54	86	11
50 – 75	48	60	54	96	11
75 – 100	53	77	66	106	14
100 – 150	63	110	86	127	20
150 – 200	74	143	104	147	27
200 – 300	94	209	136	188	44
300 – 400	115	275	165	229	65
400 – 450	125	308	178	250	77
450 – 500	128	309	191	257	81
500 – 600	135	311	216	270	90
600 – 700	142	312	238	283	99
700 – 800	148	314	260	297	109
800 – 900	155	316	280	310	119
900 – 1000	162	318	300	324	129
1000 – 1100	169	319	319	337	140
1100 – 1200	175	321	337	350	152
1200 – 1300	182	323	354	364	163
1300 – 1400	189	325	370	377	176
1400 - 1500	195	326	386	391	188
1500 – 1600	202	328	402	404	202
1600 – 1700	209	330	416	417	215
1700 – 1800	215	332	431	431	229
1800 – 1900	222	333	444	444	244
1900 – 2000	229	335	458	458	259
1	2	3
---	---	---
Quantity of explosives (kg)	Low density distance (m)	Vulnerable building distance (m)
0.1 – 25	45	90
25 – 50	88	176
50 – 75	108	216
75 – 100	129	238
100 – 150	148	296
150 – 200	168	336
200 – 300	191	382
300 – 400	207	414
400 – 450	213	426
450 – 500	219	438
500 – 600	226	452
600 – 700	233	466
700 – 800	240	480
800 – 900	248	496
900 – 1000	256	512
1000 – 1100	259	518
1100 – 1200	262	524
1200 – 1300	266	532
1300 – 1400	270	540
1400 – 1500	274	548
1500 – 1600	278	556
1600 – 1700	282	564
1700 – 1800	286	572
1800 – 1900	288	576
1900 – 2000	292	592
1	2	3
---	---	---
Quantity of explosives (kg)	Low density distance (m)	Vulnerable building distance (m)
0.1 – 25	37	76
25 – 50	43	86
50 – 75	47	94
75 – 100	51	102
100 – 150	56	112
150 – 200	60	120
200 – 300	66	132
300 – 400	71	142
400 – 450	73	146
450 – 500	74	148
500 – 600	76	152
600 – 700	78	158
700 – 800	81	162
800 – 900	84	164
900 – 1000	87	174
1000 – 1100	88	176
1100 – 1200	89	178
1200 – 1300	90	180
1300 – 1400	91	182
1400 – 1500	92	184
1500 – 1600	94	188
1600 – 1700	95	190
1700 – 1800	97	194
1800 – 1900	99	198
1900 – 2000	101	202
1	2
---	---
Quantity of explosives (kg)	Low density distance (m)
0.1 – 25	-
25 – 50	23
50 – 75	25
75 – 100	29
100 – 150	33
150 – 200	37
200 – 300	42
300 – 400	47
400 – 450	47
450 – 500	50
500 – 600	51
600 – 700	53
700 – 800	54
800 – 900	55
900 – 1000	63
1000 – 1100	70
1100 – 1200	71
1200 – 1300	72
1300 – 1400	73
1400 – 1500	74
1500 – 1600	75
1600 – 1700	76
1700 – 1800	78
1800 – 1900	79
1900 – 2000	80
1	2
---	---
Quantity of explosives (kg)	Low density distance (m)
0.1 – 250	0
250 – 300	1
300 – 340	2
340 – 370	3
370 – 400	4
400 – 450	5
450 – 500	6
500 – 550	7
550 – 600	8
600 – 650	9
650 – 700	10
700 – 750	11
750 – 800	12
800 – 900	13
900 – 950	14
950 – 1000	15
1000 – 1100	16
1100 – 1150	17
1150 – 1200	18
1200 – 1300	19
1300 – 1350	20
1350 – 1400	21
1400 – 1450	22
1450 – 1550	23
1550 – 1600	24
1600 – 1650	25
1650 – 1700	26
1700 – 1800	27
1800 – 1850	28
1850 – 1900	29
1900 – 2000	30

SCHEDULE 3 — AMOUNT OF PYROTECHNIC ARTICLES WHICH MAY BE KEPT IN SALES AREAS IN RELATION TO REGISTRATION

1

The maximum quantity of pyrotechnic articles which may be kept for any period of time in a sales area at a site in relation to which a person is registered for the storage of explosives shall be the amount specified in column 2 of the Table below corresponding to the floor area of the sales area shown in column 1 of the Table.

1	2
Floor area of sales area	Quantity of explosives
(square metres)	(kg)
not exceeding 20	12.5
not exceeding 40	15
not exceeding 60	20
not exceeding 80	25
not exceeding 100	30
not exceeding 150	35
not exceeding 200	40
not exceeding 250	45
not exceeding 300	50
not exceeding 350	55
not exceeding 400	60
not exceeding 450	65
not exceeding 499	70
equal to or exceeding 500	75

SCHEDULE 4 — REGISTERS

1

The licensing authority shall maintain a register (“the register”) containing the information listed in paragraph 2 which relates to licences and registrations granted or made by it.

2

The following information shall be included in the register —

• (a) the name of the licensee or, as the case may be, the person registered under regulation 11;

• (b) his permanent address, unless his home address is his 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 and maximum amount of explosive which may be stored at any one time;

• (e) the nature of the business of the licensee or the person registered under regulation 11 and the intended use of the explosives;

• (f) the kind of explosives manufactured or stored;

• (g) where separation distances are required by regulation 5 or 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 7A, where the licence or registration relates to explosives which do not require an explosives certificate under the Control of Explosives Regulations 1991[^f00037], the licensing authority shall —

• (a) ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence or registration 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 or registration to a member of the public who requests a copy and pays a charge which shall not exceed the reasonable cost of providing the copy.

4

Subject to paragraphs 7 and 7A, where the licence or registration relates to explosives which require an explosives certificate under the Control of Explosives Regulations 1991, the licensing authority shall —

• (a) ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence or registration 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 or registration; and

• (b) provide a copy of the entry in the register relating to the information referred to in sub-paragraph 2(a) to (d) in respect of that licence or registration ... to such a person as is referred to in sub-paragraph (a) who requests a copy and pays a charge which shall not exceed the reasonable cost of providing the copy.

5

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

6

The licensee or the person registered under regulation 11 in relation to any site in which explosives are manufactured or stored, shall, 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 twenty-eight days of the request a scale plan of the area of land falling within that separation distance.

7

The requirements of paragraphs 3 and 4 shall not apply where the information referred to in paragraph 2 is in respect of any site to which a licence or registration relates which is used only for the storage of —

• (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

Where the licensing authority is a local authority or the ONR , that licensing authority shall notify the Executive in writing, within twenty-eight 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.

9

Nothing in this Schedule shall prevent a licensing authority from disclosing any of the information included in the register it maintains to a local planning authority or a joint planning board for the purposes of the exercise of their respective functions.

10

For the purposes of paragraph 9, “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[^f00038].

SCHEDULE 5 — AMENDMENTS

PART 1 — AMENDMENTS TO PRIMARY LEGISLATION

Explosives Act 1875

1

• (1) The 1875 Act is amended as follows.

• (2) Omit sections 4 to 22 and for section 23 (precautions against fire or explosion to be taken by occupier) substitute —

(23) (1) The occupier of every premises at which gunpowder is manufactured or stored shall take all due precaution for preventing unauthorised persons having access to the premises or to the gunpowder therein. (2) In the event of any breach (by any act or default) of subsection (1), the occupier shall be guilty of an offence. (3) In this section, “premises” has the meaning given in section 53 of the Health and Safety at Work etc. Act 1974.

• (3) Omit sections 24, 26 to 29, 35, 36, 38, 40 and 41.

• (4) In section 43 (power to prohibit, manufacture, importation, storage and carriage of specially dangerous explosives) —

• (a) omit “, either absolutely, or except in pursuance of a license of the Health and Safety Executive under this Act”; and

• (b) for the words from “Provided that” to “conveyance of explosives” substitute “A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence and liable to the penalties specified in section 33(3) of the Health and Safety at Work etc. Act 1974.”.

• (5) Omit sections 44 to 51, 58, 60, 63 and 64.

• (6) In section 67 (definition of local authority) —

• (a) in paragraph (1), omit “except as hereafter in this section mentioned,”;

• (b) after paragraph (1), insert —

(1A) In a London borough, the council of the borough; and

; and

• (c) omit paragraph (4) and the word “and” preceding it.

• (7) Omit sections 70 to 72, 77, 78 and 82.

• (8) In section 83 (provisions as to Orders in Council and orders of the Secretary of State), omit—

• (a) “, and a Secretary of State may by order,”;

• (b) “or orders of the Secretary of State, as the case may be,”; and

• (c) the words from “The provisions of section 50” to the end of the section.

• (9) Omit sections 84 and 86.

• (10) In section 91 (prosecution of offences either summarily or on indictment), omit the words from “Provided that” to “exceed one month”.

• (11) In section 97 (exemption of Government factories, etc, from the Act), omit paragraphs (3) and (4) and the words from “Provided that” to the end of the section.

• (12) Omit sections 98 and 101.

• (13) In section 102 (saving clause as to liability), omit the words from “A continuing certificate” to the end of the section.

• (14) Omit sections 103, 105 and 106.

• (15) In section 108 (general definitions) —

• (a) in the definition of “this Act”, omit “certificate, byelaw, regulation, rule,”;

• (b) in the definition of “store”, omit “an existing gunpowder store as defined by this Act, or” and “licensed by a license granted by a local authority under this Act”; and

• (c) omit the definitions of “existing”, “factory magazine”, “harbour authority”, “canal company”, “railway company”, “safety cartridges” and “Gunpowder Act 1860”.

• (16) In section 109 (definitions in relation to application of Act to Scotland), omit paragraph (11).

• (17) In section 110 (local authority), omit paragraph 2 and the word “and” preceding it.

• (18) In section 111 (expenses of local authority), omit paragraph (b) and the word “and” preceding it.

• (19) Omit section 113.

• (20) In section 114 (provision for making and enforcing byelaws, &c in relation to Scotland), omit paragraph (a).

• (21) Omit Schedule 1.

Celluloid and Cinematograph Film Act 1922

2

In section 9 of the Celluloid and Cinematograph Film Act 1922[^f00039] (definitions), in the definition of “celluloid”, for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations 2005”.

Explosives Act 1923

3

The Explosives Act 1923[^f00040] is repealed.

London Building Act 1930

4

In section 143(4)(a) of the London Building Act 1930[^f00041] (regulations for building near dangerous business), for “the Explosives Act 1875” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

Acquisition of Land (Authorisation Procedure) Act 1946

5

In Schedule 4 to the Acquisition of Land (Authorisation Procedure) Act 1946[^f00042] (minor and consequential amendments), omit the entry relating to the Explosives Act 1875.

National Parks and Access to the Countryside Act 1949

6

In section 80 of the National Parks and Access to the Countryside Act 1949[^f00043] (provisions as to danger areas), omit subsections (5) and (6).

Fireworks Act 1951

7

• (1) The Fireworks Act 1951[^f00044] is amended as follows.

• (2) In section 1 (destruction of dangerous fireworks), in subsections (1) and (2), omit “, magazine” in each place where it occurs.

• (3) In section 2 (determination or amendment of licence for a factory where dangerous fireworks are made) —

• (a) in subsection (2), for “the principal Act” substitute “the 2005 Regulations”;

• (b) in subsection (3) —

• (i) for “the principal Act” where these words first appear, substitute “the 2005 Regulations” and where they appear for the second time, substitute “those Regulations”;

• (ii) for “that Act”, substitute “those Regulations”; and

• (iii) for the proviso, substitute “Despite the determination of the licence, no proceedings shall be taken for breach of regulation 10 of the 2005 Regulations in respect of fireworks kept at the factory in question in pursuance of a requirement of an inspector under section 1 of this Act.”;

• (c) in subsection (4), for “the principal Act” in each place substitute “the 2005 Regulations”; and

• (d) omit subsection (6).

• (4) Omit section 4 (determination or amendment of licences for factory where there is negligent manufacture).

• (5) In section 5 (marking of fireworks) —

• (a) omit subsection (5); and

• (b) in subsection (8), for “a government inspector for the purposes of the principal Act” substitute “an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974”.

• (6) Omit section 7 (small firework factory licences).

• (7) For section 9 (interpretation) substitute —

(9) In this Act — - “the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005; - “explosives” has the same meaning as in the Explosives Act 1875; - “factory” means any place at which explosives are manufactured under a licence granted under regulation 13 of the 2005 Regulations; - “occupier”, in the case of any manufacture, includes any person carrying on such manufacture; and - “store” means any place at which explosives are stored —by a person registered under regulation 11 of the 2005 Regulations 2005, orunder a licence granted under regulation 13 of those Regulations.

Emergency Laws (Miscellaneous Provisions) Act 1953

8

• (1) The Emergency Laws (Miscellaneous Provisions) Act 1953[^f00045] is amended as follows.

• (2) Section 3 (extension of control of certain explosives) is omitted.

• (3) In section 12(3) (provisions as to orders), omit “three or”.

• (4) In section 13 (application to Northern Ireland), omit “three”.

London Government Act 1963

9

In section 50 of the London Government Act 1963[^f00046] (explosives and petroleum spirit), omit subsections (1) and (3).

Public Expenditure and Receipts Act 1968

10

In Schedule 3 to the Public Expenditure and Receipts Act 1968[^f00047] (variation of fees, etc.), omit entry number 4 (relating to the Explosives Act 1875).

Trade Descriptions Act 1968

11

In section 32(2) of the Trade Descriptions Act 1968[^f00048] (power to exempt goods sold for export, etc), for “Explosives Acts 1875 and 1923” substitute “Manufacture and Storage of Explosives Regulations 2005”.

Port of London Act 1968

12

In the Port of London Act 1968[^f00049], omit section 166 (dangerous goods byelaws).

Fire Precautions Act 1971

13

In Schedule 2 to the Fire Precautions Act 1971[^f00050] (which modifies the Act in relation to certain premises), in paragraph 7, for “the Explosives Act 1875” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

Health and Safety at Work etc Act 1974

14

In Schedule 1 to the Health and Safety at Work etc Act 1974[^f00051] (existing enactments which are relevant statutory provisions), omit the entries relating to the Explosives Act 1923, the Fireworks Act 1951 and the Emergency Laws (Miscellaneous Provisions) Act 1953.

Control of Pollution Act 1974

15

Until the coming into force of its repeal by the Environmental Protection Act 1990[^f00052] the definition of “waste” in section 30 of the Control of Pollution Act 1974[^f00053] has effect as if the reference to the Explosives Act 1875 were a reference to these Regulations.

Customs and Excise Management Act 1979

16

In section 75(1) of the Customs and Excise Management Act 1979[^f00054] (meaning of “explosive”), for “the Explosives Act 1875” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

Isle of Man Act 1979

17

• (1) Section 8(2) of the Isle of Man Act 1979[^f00055] (removal of goods to the United Kingdom) is amended as follows.

• (2) In sub-paragraph (b), omit the final “or”;

• (3) At the end of sub-paragraph (c), insert “or”; and

• (4) After sub-paragraph (c) insert—

(d) any explosives the importation of which into the United Kingdom is prohibited by regulation 24 of the Manufacture and Storage of Explosives Regulations 2005.

Roads (Scotland) Act 1984

18

In paragraph 7 of Schedule 9 to the Roads (Scotland) Act 1984[^f00056] (minor and consequential amendments), omit sub-paragraph (2).

Environmental Protection Act 1990

19

• (1) The Environmental Protection Act 1990[^f00057] shall be amended as follows.

• (2) In section 75(2) (meaning of waste) as enacted, for “the Explosives Act 1875” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

• (3) In section 142(7) (powers to obtain information), for “the Explosive Substances Act 1875” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

Merchant Shipping Act 1995

20

In Schedule 13 to the Merchant Shipping Act 1995[^f00058] (consequential amendments), omit paragraph 5.

Criminal Procedure (Scotland) Act 1995

21

In Schedule 5 to the Criminal Procedure (Scotland) Act 1995[^f00059], omit the entries for the forms of complaint relating to —

• (a) the Explosives Act 1875, section 5; and

• (b) the Explosives Act 1875, section 22 and section 3, subsection (1), Mode B, of the Order in Council dated 26th October 1896.

PART 2 — AMENDMENTS TO SECONDARY LEGISLATION

The Factory and Workshop Act 1901, use of locomotives and wagons on lines and sidings, Regulations 1906

22

In the Factory and Workshop Act 1901, use of locomotives and wagons on lines and sidings, Regulations 1906[^f00060] —

• (a) in the provisions on Application which begin with the words “Nothing in these Regulations shall apply to”, for sub-paragraph (i) substitute “(i) Any site for the manufacture of explosives which is specified in a licence granted under the Manufacture and Storage of Explosives Regulations 2005”.

Order in Council No. 30 dated 2nd February 1937

23

After the proviso in Order in Council No. 30 dated 2nd February 1937[^f00061], insert —

• For the purposes of paragraph (1) of the proviso, all buildings and places adjoining each other and occupied together shall be deemed to be the same premises.

The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956

24

In regulation 5 of Part III of the Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956[^f00062] (storage, issue and conveyance of explosives and detonators), for the words from “workshop” to the end, substitute “suitable place appointed for that purpose by the manager of the mine”.

The Miscellaneous Mines (Explosives) Regulations 1959

25

In regulation 34 of Part VII of Miscellaneous Mines (Explosives) Regulations 1959[^f00063] (shot firing – additional provisions for shafts, winzes and raises), for the words from “workshop used” to the end substitute “suitable place for that purpose appointed by the manager of the mine”.

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

26

In paragraph 2 of Schedule 1 to the Clean Air (Emission of Dark Smoke)(Exemption) Regulations 1969[^f00064] (exempted matter), for “the Explosives Act 1875” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

27

• (1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[^f00065] is amended as follows.

• (2) In paragraph 8 of Part III of Schedule 1 (excepted professions, offices, employments, work and occupations), for the words from “by any Order in Council” to the end substitute “pursuant to regulations 4 and 7 of the Control of Explosives Regulations 1991 to obtain from the chief officer of police a valid explosives certificate certifying him to be a fit person to acquire or acquire and keep explosives”.

• (3) For paragraph 3 of Schedule 2 (excepted licences, certificates and permits), substitute —

(3) Explosives certificates issued by a chief officer of police pursuant to regulations 4 and 7 of the Control of Explosives Regulations 1991 as to the fitness of a person to acquire or acquire and keep explosives

• (4) In paragraph 13 of Schedule 3 (excepted proceedings), for the words from “police or” to the end substitute “chief officer of police for an explosives certificate pursuant to regulations 4 and 7 of the Control of Explosives Regulations 1991 as to the fitness of the applicant to acquire or acquire and keep explosives”.

The Fire Certificates (Special Premises) Regulations 1976

28

For paragraph 10 of Part I of Schedule 1 to the Fire Certificates (Special Premises) Regulations 1976[^f00066] (designation of certain premises), substitute —

(10) Any site where explosives are stored under a licence granted by the Health and Safety Executive under the Manufacture and Storage of Explosives Regulations 2005 where that body is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations.

The Isle of Scilly (Functions) Order 1979

29

In article 3(e) of the Isles of Scilly (Functions) Order 1979[^f00067] (functions), for “the Explosives Act 1923” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

The Notification of Installations Handling Hazardous Substances Regulations 1982

30

In the entry for cellulose nitrate in column 1 of Part I of Schedule 1 to the Notification of Installations Handling Hazardous Substances Regulations 1982[^f00068] (named substances), for “the Explosives Act 1875” substitute “the Manufacture and Storage of Explosives Regulations 2005”.

The Classification and Labelling of Explosives Regulations 1983

31

• (1) The Classification and Labelling of Explosives Regulations 1983[^f00069] are amended as follows.

• (2) In paragraph (3) of regulation 3 (classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof), omit “Subject to regulation 11,”.

The Dangerous Substances in Harbour Areas Regulations 1987

32

In Part IX of the Dangerous Substances in Harbour Areas Regulations 1987[^f00070] (explosives)—

• (a) in regulation 33(1)(b), for the words from “article 7” to the end substitute “article 8 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001”; and

• (b) for regulation 33(2)(e), substitute —

(e) a berth which forms part of a site — (i) licensed under the Manufacture and Storage of Explosives Regulations 2005 in cases where, in relation to the application for that licence, the assent of the local authority was required pursuant to regulation 13(3) of those Regulations; or (ii) which is deemed to be licensed under those Regulations by virtue of regulation 27 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 those Regulations had the licence been applied for under those Regulations;

The Building Standards (Scotland) Regulations 1990

33

In Schedule 1 to the Building Standards (Scotland) Regulations 1990[^f00071] (exempted classes of building), in relation to class 1, for the description in column (2), substitute —

• A building the construction of which is subject to the Manufacture and Storage of Explosives Regulations 2005

The Control of Explosives Regulations 1991

34

• (1) The Control of Explosives Regulations 1991[^f00072] are amended as follows.

• (2) In regulation 2 (interpretation) —

• (a) after the definition of “the 1983 Regulations”, insert —

• “the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005;

• (b) after the definition of “chief officer of police”, insert —

• “Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations;
• “desensitised explosive” means —a solid explosive substance which has been wetted with water, alcohol or dissolved with one or more other substances; ora liquid explosive substance which has been dissolved or suspended in water or one or more other substances,to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;;

• (c) for the definition of “explosive”, substitute —

• “explosive” means —any explosive article or explosive substance which would —if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; orbe classified in accordance with the United Nations Recommendations as —being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, andfalling within Class 1; ora desensitised explosive,but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;;

• (d) after the definition of “explosive”, insert —

• “explosive article” means an article containing one or more explosive substances;

• (e) after the definition of “explosives certificate”, insert —

• “explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is —capable by chemical reaction in itself of producing a gas at such a temperature and pressure and at such speed as could cause damage to surroundings; ordesigned to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of a non-detonative self-sustaining exothermic chemical reaction;

• (f) in the definitions of “fireworks” and “fog signals”, for “on classification under the 1983 Regulations” substitute “in accordance with the United Nations Recommendations”;

• (g) omit the definition of “for private use”;

• (h) in the definition of “gunpowder”, for “on classification under the 1983 Regulations” substitute “in accordance with the United Nations Recommendations”;

• (i) for the definition of “license”, substitute —

• “licence” means a licence for the manufacture or storage of explosives granted under regulation 13 of the 2005 Regulations;

• (j) omit the definitions of “licensed factory” and “licensed magazine”;

• (k) omit the definition of “percussion caps”;

• (l) after the definition of “occupier”, insert —

• “preparation” means a mixture or a solution of two or more substances;

• (m) for the definition of “registered premises” substitute —

• “registered”, in relation to a person, means a person registered in respect of the storage of explosives under regulation 11 of the 2005 Regulations and “registration” shall be construed accordingly;

• (n) omit paragraph (a) in the definition of “restricted substance”;

• (o) in the definitions of “small arms ammunition” and “smokeless powder”, for “on classification under the 1983 Regulations” substitute “in accordance with the United Nations Recommendations”;

• (p) after the definition of “smokeless powder”, insert —

• “substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;

• (q) omit the definition of “store”;

• (r) in the definition of “U.N. no.”, for “and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or substance as a means of identification” substitute “as a means of identification of types of explosives in accordance with the United Nations Recommendations”; and

• (s) after the definition of “U.N. no.”, insert at the end —

and - “United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26 April 1957)) as revised or reissued from time to time.

• (3) In paragraphs (3) and (4) of regulation 3 (application), for “Regulations 7 and 10”, substitute “Regulation 7”.

• (4) In regulation 4 (explosives certificate) —

• (a) in paragraph 6(b) and (c), omit “subject to paragraph (7)”;

• (b) for paragraph 6(f) and (g), substitute —

(f) where the application is for a certificate relating only to acquisition of explosives— (i) it is not reasonably practicable for the applicant to be an occupier of a site for the storage of explosives for which he would be required under the 2005 Regulations to have a licence or be registered in respect of that storage, and (ii) the explosives either will not be kept, or, if kept, the applicant will ensure that they are kept at a site where such storage is permitted pursuant to a licence or registration or at a site occupied by the Secretary of State for Defence; and (g) where the application is for a certificate relating to the keeping of explosives, either — (i) the applicant is or is to be the occupier of a site for the storage of explosives in respect of which storage there is or will be a licence or registration in force; or (ii) the explosives will be kept at a site occupied on behalf of the Crown, or (iii) in the case where the applicant does not hold a licence in respect of the storage of the explosives, no licence is required to be held by the applicant in respect of that storage by virtue of regulation 10(2) of the 2005 Regulations.

• (c) paragraph (7) is revoked;

• (d) after paragraph (9) insert —

(10) Any reference in the definitions in this regulation of “desensitised explosive”, “explosive substance” or “substance” to, as the case may be, liquid, gas, gaseous form, or vapour means, respectively, liquid, gas, gaseous form or vapour at normal atmospheric temperature and pressure.

• (5) In regulation 8(e), after “regulation 3(3) or (4)” insert —

and that, where those provisions apply to a specified person only in particular circumstances or for particular purposes, those circumstances or purposes are satisfied in the case of the person concerned.

• (6) In regulation 9 (restrictions on prohibited persons) —

• (a) at the beginning of paragraph (1), insert “subject to paragraph (4),”;

• (b) for paragraph (2), substitute —

(2) Subject to paragraph (4), no prohibited person, whether or not he satisfies any relevant conditions of regulation 7, shall acquire, handle or have control of any explosive or any restricted substance.

; and

• (c) after paragraph (3), add —

(4) This regulation does not apply to a desensitised explosive which is a medicinal product as defined in section 130 of the Medicines Act 1968[^f00073] nor a substance specified in an order made under section 104 or 105 of that Act which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance as such provisions have effect in relation to medicinal products within the meaning of that Act.

• (7) Regulation 10 (keeping explosives for private use) is revoked.

• (8) For regulation 11 (occupier of licensed factory or licensed magazine to appoint person responsible for explosives), substitute —

(11) (1) An person who occupies a site and who has — (a) a licence for the manufacture or storage of explosives at that site which was granted by the Executive in a case where the assent of the local authority was required pursuant to regulation 13(3) of the 2005 Regulations; or (b) a deemed licence which, if an application for a licence would have been made under the 2005 Regulations in respect of the manufacture or storage of explosives to which the deemed licence relates, that application would have required the assent of the local authority pursuant to regulation 13(3) of those Regulations, shall appoint one individual to be responsible to him for ensuring that adequate precautions are taken at that site to secure explosives against loss. (2) For the purposes of paragraph (1) — - “deemed licence” means —a licence, amending licence, continuing certificate or store licence granted or issued under sections 8, 12, 14 or 15 of the Explosives Act 1875 which is deemed by virtue of regulation 27(1) or (12) of the 2005 Regulations to be a licence granted under regulation 13 of those Regulations; anda licence deemed to be held by a person pursuant to regulation 27(3).

• (9) In regulation 12 (making, preservation and production of records) —

• (a) in paragraph (4)(a), omit “for private use”; and

• (b) for paragraph (4)(c), substitute —

(c) an explosive which is produced by mixing at any place non-explosive substances or preparations to form an explosive for immediate use at that place.

• (10) In paragraph (8) of regulation 13 (reporting loss), for “licensed factory or licensed magazine” substitute “site in relation to which the Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to the 2005 Regulations,”.

• (11) Regulations 16 (power to revoke or amend licences) and 18 (transitional provisions) and paragraphs (5) and (6) of regulation 19 (modifications, revocations and savings) are revoked.

• (12) For Schedule 1 (exceptions) substitute —

SCHEDULE 1

Explosives	U.N. no.
AIR-BAG INFLATORS, AIR-BAG MODULES, SEAT-BELT PRETENSIONERS	0503
2 AMINO – 4, 6 – DINITROPHENOL, WETTED withnot less than 20% water by mass	3317
AMMONIUM PICRATE, WETTED with not less than 10% water, by mass	1310
ARTICLES, PYROTECHNIC for technical purposes	0428
ARTICLES, PYROTECHNIC for technical purposes	0429
ARTICLES, PYROTECHNIC for technical purposes	0430
ARTICLES, PYROTECHNIC for technical purposes	0431
ARTICLES, PYROTECHNIC for technical purposes	0432
BARIUM AZIDE, WETTED with not less than 50% water, by mass	1571
CARTRIDGES, OIL WELL	0277
CARTRIDGES, OIL WELL	0278
CARTRIDGES, POWER DEVICE	0275
CARTRIDGES, POWER DEVICE	0276
CARTRIDGES, POWER DEVICE	0323
CARTRIDGES, POWER DEVICE	0381
CARTRIDGES, SIGNAL	0054
CARTRIDGES, SIGNAL	0312
CARTRIDGES, SIGNAL	0405
CARTRIDGES, SMALL ARMS	0012
CARTRIDGES, SMALL ARMS	0328
CARTRIDGES, SMALL ARMS	0339
CARTRIDGES, SMALL ARMS, BLANK	0014
CARTRIDGES, SMALL ARMS, BLANK	0327
CARTRIDGES, SMALL ARMS, BLANK	0338
CARTRIDGES, EMPTY, WITH PRIMER	0055
CARTRIDGES, EMPTY, WITH PRIMER	0379
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER	0446
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER	0447
CORD, IGNITER	0066
CUTTERS, CABLE, EXPLOSIVE	0070
DINITROSOBENZENE	0406
DINITROPHENOL, WETTED with not less than 15% water,by mass	1320
DINITROPHENOLATES, WETTED with not less than 15% water, by mass	1321
DINITRORESORCINOL, WETTED with not less than 15% water, by mass	1322
DIPICRYL SULPHIDE, WETTED with not less than 10% water,by mass	2852
FIREWORKS	0333
FIREWORKS	0334
FIREWORKS	0335
FIREWORKS	0336
FIREWORKS	0337
FLARES, AERIAL	0093
FLARES, AERIAL	0403
FLARES, AERIAL	0404
FLARES, SURFACE	0092
FLASH POWDER	0094
FLASH POWDER	0305
FUSE, INSTANTANEOUS, NON-DETONATING	0101
(QUICKMATCH)
FUSE, SAFETY	0105
IGNITERS	0121
IGNITERS	0314
IGNITERS	0315
IGNITERS	0325
IGNITERS	0454
ISOSORBIDE DINITRATE MIXTURE with not less than 60% lactose, mannose, starch or calcium hydrogen phosphate	2907
LIGHTERS, FUSE	0131
5-MERCAPTO-TETRAZOL-1-ACETIC ACID	0448
NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose	2059
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
NITROGLYCERINE SOLUTION IN ALCOHOL with not more than 1% nitroglycerine	1204
NITROGLYCERINE SOLUTION IN ALCOHOL with more than 1% but not more than 5% nitroglycerine	3064
NITROGUANIDINE (PICRITE) with not less than 20% water, by mass	1336
4 NITROPHENYLHYDRAZINE	3376
NITROSTARCH, WETTED with not less than 20% water, by mass	1337
POTASSIUM SALTS OF AROMATIC NITRO-DERIVATIVES, explosive	0158
PRIMERS, CAP TYPE	0044
PRIMERS, CAP TYPE	0377
PRIMERS, CAP TYPE	0378
ROCKETS, LINE-THROWING	0238
ROCKETS, LINE-THROWING	0240
ROCKETS, LINE-THROWING	0453
SIGNAL DEVICES, HAND	0373
SIGNAL DEVICES, HAND	0191
SIGNALS, DISTRESS, ship	0194
SIGNALS, DISTRESS, ship	0195
SIGNALS, RAILWAY TRACK, EXPLOSIVE	0192
SIGNALS, RAILWAY TRACK, EXPLOSIVE	0193
SIGNALS, SMOKE, with explosive sound unit	0196
SIGNALS, SMOKE, without explosive sound unit	0197
SILVER PICRATE, WETTED with not less than 30% water,by mass	1347
SODIUM DINITRO-o-CRESOLATE, dry or wetted with less than 15% water, by mass	0234
SODIUM DINITRO-o-CRESOLATE, WETTED with not less than 15% water, by mass	1348
SODIUM DINITRO-o-CRESOLATE, WETTED, with not less than 10% water, by mass	3369
SODIUM PICRAMATE, dry or wetted with less than 20% water by mass	0235
SODIUM PICRAMATE, WETTED with not less than 20% water, by mass	1349
TETRAZOL-1-ACETIC ACID	0407
TRINITROBENZENE, WETTED with not less than 30% water,by mass	1354
TRINITROBENZOIC ACID, WETTED with not less than 30% water, by mass	1355
TRINITROPHENOL, WETTED with not less than 30% water, by mass	1344
TRINITROTOLUENE, WETTED with not less than 30% water, by mass	1356
UREA NITRATE, WETTED with not less than 20% water by mass	1357
ZIRCONIUM PICRAMATE, WETTED with not less than 20% water, by mass	1517
ZIRCONIUM PICRAMATE, dry or wetted with less than 20% water, by mass	0236

• (13) For Schedule 2 (form of explosives certificate) substitute —

SCHEDULE 2

• (14) Part I of Schedule 4 (modifications of the Explosives Act 1875) is revoked.

The Planning (Hazardous Substances) Regulations 1992

35

• (1) Schedule 1 to the Planning (Hazardous Substances) Regulations 1992[^f00074] (hazardous substances and controlled quantities) is amended as follows.

• (2) For paragraph 50(1) of Part A (named substances), substitute —

(2) cellulose nitrate for which a licence, granted by the Health and Safety Executive under the Manufacture and Storage of Explosives Regulations 2005 (where the Health and Safety Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations), is required; or.

• (3) In paragraphs 4 and 5 of Part B (categories of substances and preparations not specifically named in Part A), for the words from “at a factory” to “Explosives Act 1875” in each paragraph substitute —

• for which a licence, granted by the Health and Safety Executive under the Manufacture and Storage of Explosives Regulations 2005 (where the Health and Safety Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations), is required

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

36

• (1) Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993[^f00075] (hazardous substances and controlled quantities) is amended as follows.

• (2) For paragraph 50(1) of Part A (named substances), substitute —

(1) cellulose nitrate for which a licence, granted by the Health and Safety Executive under the Manufacture and Storage of Explosives Regulations 2005 (where the Health and Safety Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations), is required; or

• (3) In paragraphs 4 and 5 of Part B (categories of substances and preparations not specifically named in Part A), for the words from “at a factory” to “Explosives Act 1875” in each paragraph substitute —

• for which a licence, granted by the Health and Safety Executive under the Manufacture and Storage of Explosives Regulations 2005 (where the Health and Safety Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations), is required

The Coal and Other Safety Lamp Mines (Explosives) Regulations 1993

37

For the definition of “explosives store” in regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993[^f00076] (interpretation etc of Part 1), substitute —

• “explosives store” means a building, enclosed area or metal structure where explosives are stored under a licence granted or registration made under the Manufacture and Storage of Explosives Regulations 2005;

The Placing on the Market and Transfer of Explosives Regulations 1993

38

Regulation 12(1) and Part I of Schedule 4 to the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993[^f00077] (modifications to the Explosives Act 1875) are revoked.

The Toys (Safety) Regulations 1995

39

In Schedule 3 to the Toys (Safety) Regulations 1995[^f00078], in the note at the end marked with an asterisk, for “Explosives Act 1875” substitute “Manufacture and Storage of Explosives Regulations 2005”.

The Reporting of Injuries and Dangerous Occurrences Regulations 1995

40

• (1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995[^f00079] shall be amended as follows.

• (2) In Schedule 2 (dangerous occurrences) —

• (a) in Part I (general) —

• (i) for sub-paragraph (1)(a) of paragraph 6, substitute —

(a) any unintentional fire, explosion or ignition at a site — (i) where explosives are manufactured by a person who holds a licence, or who does not hold a licence but is required to, in respect of that manufacture under the Manufacture and Storage of Explosives Regulations 2005; or (ii) where explosives are stored by a person who holds a licence or is registered, or who is not licensed but is required to be in the absence of any registration, in respect of that storage under those Regulations; (aa) the unintentional explosion or ignition of explosives at a place other than a site described in sub-paragraph (1)(a), not being one — (i) caused by the unintentional discharge of a weapon where, apart from that unintentional discharge, the weapon and explosives functioned as they were designed to do; or (ii) where a fail-safe device or safe system of work functioned so as to prevent any person from being injured in consequence of the explosion or ignition;

• (ii) at the end of paragraph 6(1)(e), insert “or from any intentional fire or ignition”; and

• (iii) for paragraph 6(2), substitute —

(2) In this paragraph — - “danger zone” means the area from which persons have been excluded or forbidden to enter to avoid being endangered by any explosion or ignition of explosives; and - “explosives” has the same meaning as in the Manufacture and Storage of Explosives Regulations 2005.

• (3) In Schedule 7 (enactments or instruments requiring the notification of events which are not required to be notified or reported under the Regulations), omit the entry relating to the Explosives Act 1875.

The Health and Safety (Enforcing Authority) Regulations 1998

41

For regulation 4(7) of the Health and Safety (Enforcing Authority) Regulations 1998[^f00080] (exceptions), substitute —

(7) Notwithstanding the preceding provisions of this regulation and subject to paragraphs (8) to (10), a licensing authority shall be the enforcing authority for the Manufacture and Storage of Explosives Regulations 2005 (“the 2005 Regulations”) and section 23 of the Explosives Act 1875 — (a) for a site in relation to which it has granted a person a licence for the manufacture or storage of explosives at that site under regulation 13 of the 2005 Regulations or registered a person in respect of such storage at that site under regulation 11 of those Regulations; (b) where, in relation to a deemed licence or deemed registration, it would have been the licensing authority by virtue of paragraph 1 of Schedule 1 to the 2005 Regulations if an application for a licence or registration had been made under those Regulations; and (c) where, in any other case than those referred to in sub-paragraphs (a) and (b)— (i) it would be the licensing authority by virtue of paragraph 1 of Schedule 1 to those Regulations if an application for a licence or registration is, or should have been, made under those Regulations, or (ii) it would have been the licensing authority had not the requirements of regulation 9(1) or, as the case may be, 10(1) been disapplied by virtue of any of the provisions of, respectively, regulation 9(2) or 10(2) applying in the case concerned. (8) The Executive shall be the enforcing authority for the 2005 Regulations in respect of the manufacture of ammonium nitrate blasting intermediate. (9) A licensing authority which is a local authority shall be the enforcing authority for regulation 25 of the 2005 Regulations in the area of that local authority. (10) The enforcing authority for regulation 6 of the 2005 Regulations where a person disposes of explosives or decontaminates explosive-contaminated items at a place other than at a site in relation to which a person has a licence to manufacture or store explosives under regulation 13 of the 2005 Regulations or is registered in respect of such storage under regulation 11 of those Regulations, shall be — (a) where the disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the Executive under those Regulations in a case in which the assent of the local authority was required under regulation 13(3) of those Regulations before the licence was granted, the Executive; (b) subject to sub-paragraph (a), where the local authority is by virtue of the Health and Safety (Enforcing Authority) Regulations 1998 the enforcing authority for the premises or part of premises at which the disposal or decontamination is carried out, the local authority; or (c) in any other case, the Executive. (11) For the purposes of paragraphs (7) to (10), “ammonium nitrate blasting intermediate”, “disposes”, “licence”, “licensing authority”, “registered” and “site” have the same meanings as they are given by regulation 2(1) of the 2005 Regulations and “deemed licence” and “deemed registration” have the same meanings as they are given by regulation 27(19) of those Regulations.

The Quarries Regulations 1999

42

For the definition of “explosives store” in regulation 2(1) of the Quarries Regulations 1999[^f00081] (interpretation), substitute —

• “explosives store” means a building, enclosed area or metal structure where explosives are stored under a licence granted or registration made under the Manufacture and Storage of Explosives Regulations 2005;

The Building Regulations 2000

43

For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2000[^f00082] (exempt buildings and works), substitute —

(1) Any building in which explosives are manufactured or stored under a licence granted under the Manufacture and Storage of Explosives Regulations 2005.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

44

• (1) The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004[^f00083] are amended as follows.

• (2) In regulation 2(1) (interpretation), for the definition of “safe and secure place” substitute —

• “safe and secure place” means a safe and secure place within a site —in relation to which a person is licensed to manufacture or store explosives under regulation 13 of the Manufacture and Storage of Explosives Regulations 2005 or is registered in respect of such storage under regulation 11 of those Regulations, orin respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemption) Regulations 1979[^f00084];

• (3) Paragraph 5 of Schedule 13 (consequential amendments) is omitted.

The Health and Safety (Fees) Regulations 2005

45

• (1) The Health and Safety (Fees) Regulations 2005[^f00085] are amended as follows.

• (2) In paragraph (2) of regulation 1 (citation, commencement and interpretation), for the definition of “renewal of approval” and “renewal of licence” substitute —

• “renewal of approval”, “renewal of explosives certificate”, “renewal of licence” or “renewal of registration” means respectively the granting of an approval, explosives certificate, licence or registration to follow a previous approval, explosives certificate, licence or registration without any amendment or gap in time; and

• (3) In regulation 9 (fees payable under the Explosives Act 1875[^f00086] and instruments made thereunder, under the Petroleum (Consolidation) Act 1928[^f00087], the Petroleum (Transfer of Licences) Act 1936[^f00088] and the Classification and Labelling of Explosives Regulations 1983[^f00089]), substitute —

• (a) after paragraph (1), insert —

(1A) Where any application in relation to a provision specified in column 1 of Part 1A of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive, save that — (a) in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate, or to vary any such licence, the fee — (i) referred to in column 3 of that Part as an amount per hour, shall be adjusted pro rata for a period worked of less than one hour; and (ii) shall be payable prior to notification of the result of the application. (1B) Where any application under a provision specified in column 1 of Part 1B of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.

• (b) for paragraph (3), substitute —

(3) A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraphs (1) or (1A) for any purpose specified in column 2 of each of Parts 1 and 1A of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to the notification of the result of the application.

• (c) in paragraph (4), for “entry (a)” substitute “the entry”;

• (d) in paragraph (6), for “Parts 3, 4 and 5” substitute “Parts 3 and 4”;

• (e) in paragraph (8) —

• (i) for “Part 2” substitute “Parts 1B and 2”; and

• (ii) for “the Notes to that Part” substitute “, respectively, the Notes to Parts 1B and 2”;

• (f) after paragraph (8), insert —

(9) Where any application in relation to the provision specified in column 1 of Part 7 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the chief officer of police. (10) Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991[^f00090], a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 to Part 7 of Schedule 8. (11) For the purposes of this regulation and Schedule 8 — (a) “the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005; (b) “ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “on-site mixing”, “registered” and “registration” have the same meanings as in the 2005 Regulations; and (c) “chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings respectively as in the Control of Explosives Regulations 1991.

• (4) In Schedule 8 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983) —

• (a) in Part 1 (applications for factory licences, magazine licences, acetylene importation licences and amending licences under sections 6, 12 and 40(9) of the Explosives Act 1875 and replacement of such licences), omit the entries relating to sections 6 and 12 of the Explosives Act 1875; and

• (b) after Part 1, insert the following Parts —

1	2	3	4
Provision in relation to which the application is made	Purpose of application	Fee	Fee for work by Specialist Inspector
The Manufacture and Storage of Explosives Regulations 2005
Regulation 9, as extended by regulation 2(2) of those Regulations to the manufacture of ammonium nitrate blasting intermediate	Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing	£557	£ 115 per hour worked
	Licence to manufacture ammonium nitrate blasting intermediate	£137 per hour worked
	Licence to manufacture explosives by means of on-site mixing	£205	£115 per hour worked
	Renewal of any of the above licences	£73	£115 per hour worked
Regulation 10	Licence to store explosives	£557	£115 per hour worked
	Renewal of licence	£73	£115 per hour worked
Regulation 16	Varying a licence —to manufacture explosives not being ammonium nitrate blasting intermediate, orto store explosives	£381	£115 per hour worked
	Varying a licence to manufacture ammonium nitrate blasting intermediate	£137 per hour worked
Regulation 20	Transfer of licence	£47
	Replacement of any of the licences referred to in this Part if lost	£47
1	2	3
---	---	---
Provision under which application made	Purpose of application	Fee
The Manufacture and Storage of Explosives Regulations 2005
Regulation 10	Licence to store explosives:
(see Notes 1 to 3)	(a) one year’s duration	£100
	(b) two years' duration	£150
	(c) three years' duration	£200
	Renewal of a licence:
	(a) one year’s duration	£75
	(b) two years' duration	£125
	(c) three years' duration	£175
Regulation 11(see Notes 1 to 3 )	Registration in relation to the storage of explosives:
	(a) one year’s duration	£60
	(b) two years' duration	£90
	(c) three years' duration	£120
	Renewal of registration:
	(a) one year’s duration	£30
	(b) two years' duration	£60
	(c) three years' duration	£90
Regulation 16	Varying a licence:
	(a) varying name of licensee or address of site	£30
	(b) any other kind of variation	the reasonable cost to the licensing authority of having the work carried out
Regulation 20	Transfer of licence or registration	£30
	Replacement of licence or registration referred to above if lost	£30

Notes: (1) The fee payable for — (a) a licence, (b) registration, or (c) renewal of a licence or registration,of less than one year’s duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration, of one year’s duration decreased proportionately according to the duration of the period for which the licence, registration or renewal of either is granted. (2) The fee payable for— (a) a licence, (b) registration, or (c) renewal of a licence or registration,of more than one but less than two years' duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration of one year’s duration increased proportionately according to the duration of the period for which the licence, registration or a renewal of either is granted. (3) The fee payable for — (a) a licence, (b) registration, or (c) renewal of a licence or registration, of more than two but less than three years' duration shall be, respectively, the fee set above for a licence, registration or renewal of a licence or registration of two years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted.

• (c) in Part 2 (fee or maximum fee payable in respect of applications for the granting and renewal of an explosives store licence, the registration or renewal of registration of premises used for keeping explosives and the granting and transfer of petroleum-spirit licences), omit the entries relating to the Explosives Act 1875;

• (d) in Part 5 (miscellaneous applications), omit entry (b);

• (e) in Part 6 (further fees payable in respect of certain testing required by the Health and Safety Executive), omit entry (e);

• (f) after Part 6, insert —

1	2	3
Provision under which a fee is payable	Purpose of application	Fee
Regulation 4 of the Control of Explosives Regulations 1991	Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a registration	£165
	Renewal of the above certificate	£135
	Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives	£175
	Renewal of the above certificate	£160
	Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives	£225
	Renewal of the above certificate	£200
	Replacement of any of the above certificates if lost	£30

The fee for a check carried out for the purposes of regulation 4(6)(d) of the Control of Explosives Regulations 1991 shall be £5

SCHEDULE 6 — REPEALS AND REVOCATIONS

PART 1 — REPEALS