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The Explosives Regulations 2014

Type Statutory-Instrument

Publication 2014-06-23

Last updated 2024-10-01

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Made: 23rd June 2014

Laid before Parliament: 1st July 2014

Coming into force in accordance with regulation 1

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the placing on the market, transfer and safety of explosives for civil use.

It appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes —in part, regulation 8 and paragraph 15 of Schedule 11,regulations 39 to 42 and Schedules 9, 10 and 12, andto the extent that they relate to the provisions in (a) and (b) above, regulations 2(1), 3(4)(b) and (14) and (17) and 43 to 45,

The Secretary of State makes —

in part, regulation 8 and paragraph 15 of Schedule 11,

regulations 39 to 42 and Schedules 9, 10 and 12, and

to the extent that they relate to the provisions in (a) and (b) above, regulations 2(1), 3(4)(b) and (14) and (17) and 43 to 45,

under section 2(2) of that Act.

The Secretary of State makes the other provisions of these Regulations —in exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (4), (5), (6)(b) and (9), 18(2)(za) and (a), 43(2), (4), (5) and (6), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2), (3) and (4), 2, 3, 4, 5, 6(1), 7, 12, 15(1), 16, 18 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 (“the 1974 Act”); andapart from the modifications referred to in the next paragraph, for the purpose of giving effect without modifications to proposals submitted —by the Health and Safety Executive under section 11(3) of the 1974 Act after carrying out consultations in accordance with section 50(3) of the 1974 Act ; andby the Office for Nuclear Regulation under section 81(1)(a)(iv) of the Energy Act 2013 after carrying out consultations in accordance with section 81(3) of that Act.It appears to the Secretary of State that—the modifications to the Acts referred to in paragraphs 2 to 8 of Part 1 of Schedule 13;the modifications to the instruments referred to in paragraphs 11, 12, 14, 16, 18, 20, 21, 24 and 30 of Part 2 of that Schedule; andthe repeals in relation to the Acts marked with an asterisk in Part 1 of Schedule 14,

The Secretary of State makes the other provisions of these Regulations —

in exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (4), (5), (6)(b) and (9), 18(2)(za) and (a), 43(2), (4), (5) and (6), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2), (3) and (4), 2, 3, 4, 5, 6(1), 7, 12, 15(1), 16, 18 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 (“the 1974 Act”); and

apart from the modifications referred to in the next paragraph, for the purpose of giving effect without modifications to proposals submitted —

by the Health and Safety Executive under section 11(3) of the 1974 Act after carrying out consultations in accordance with section 50(3) of the 1974 Act ; and

by the Office for Nuclear Regulation under section 81(1)(a)(iv) of the Energy Act 2013 after carrying out consultations in accordance with section 81(3) of that Act.

It appears to the Secretary of State that—

the modifications to the Acts referred to in paragraphs 2 to 8 of Part 1 of Schedule 13;

the modifications to the instruments referred to in paragraphs 11, 12, 14, 16, 18, 20, 21, 24 and 30 of Part 2 of that Schedule; and

the repeals in relation to the Acts marked with an asterisk in Part 1 of Schedule 14,

are expedient as set out in section 80(1) of the 1974 Act.

It also appears to the Secretary of State not to be appropriate to consult bodies in respect of those modifications and repeals in accordance with section 80(4) of the 1974 Act.

PART 1 — INTRODUCTION

Citation and commencement

1

(1) These Regulations may be cited as the Explosives Regulations 2014 and, save as provided in paragraph (2), come into force on 1st October 2014.

(2) Regulations 33(7) and 36, and regulations 43 and 44 and Schedule 11 to the extent that those provisions relate to regulations 33(7) and 36, come into force on 5th April 2015.

Interpretation

2

(1) In these Regulations —

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

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

“ammonium nitrate blasting intermediate” means a substance assigned in accordance with the United Nations Recommendations the U.N. no. 3375;

“approved body” has the meaning given to it in regulation 69 (approved bodies);

“authorised defence site” has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 ;

“authorised representative” means a person established in the United Kingdom who has received a written mandate from the manufacturer to act on the manufacturer’s behalf in relation to specified tasks;

“black powder” means an intimate mixture, with or without sulphur, of charcoal or other carbon with potassium nitrate or sodium nitrate, whether the mixture is in meal, granular, compressed or pelletised form, being an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0027 or 0028;

“centre point”, in relation to a store or a building, means the centre point of the store or building determined as far as is reasonably possible;

“chief officer of police”in relation to England and Wales, has the same meaning as in section 101(1) of the Police Act 1996 ; andin relation to Scotland, means the person appointed to the office of chief constable under section 7(1)(a) of the Police and Fire Reform (Scotland) Act 2012 ; andin relation to an area, means the chief officer of police for that area;

“civil explosive” means an explosive which has been or would be classified in accordance with the United Nations Recommendations as falling within Class 1 but it does not include—ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 ;any explosive which it is shown is intended for lawful use by the armed forces or the police of any country; ora pyrotechnic article; ......

“Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations;

“the Commission” means the Commission of the European Union;

“conformity assessment” means the process demonstrating whether the essential safety requirements relating to a civil explosive have been fulfilled;

“conformity assessment body” means a person who performs conformity assessment activities, including calibration, testing, certification and inspection;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 41;

“desensitised explosive” means —a solid explosive substance which has been wetted with water or alcohol or diluted 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;

“designated standard” has the meaning given to it in regulation 2A;

“the Directive” means Directive 2014/28/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market and supervision of explosives for civil uses (recast) ...;

“disposes”, in relation to explosives and explosive-contaminated items, means destroying the explosives or explosive-contaminated items or otherwise rendering them harmless;

“distributor” means a person in the supply chain, other than a manufacturer or an importer, who makes a civil explosive available on the market and “distributes” in relation to Part 11 and “distribution” in relation to Part 13 are to be construed accordingly

“economic operator” means a manufacturer, authorised representative, importer, distributor or any person who engages in the storage, use, transfer, import, export or trading of civil explosives;

“enforcing authority”, in relation to Part 13, means the Executive;

“essential safety requirements” means the requirements set out in Schedule 9 (essential safety requirements);

“the Executive” means the Health and Safety Executive ;

“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;

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

“explosives certificate” has the meaning given in regulation 4(1);

“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 gas at such a temperature and pressure and at such a 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;

“firearm” has the meaning given in section 57(1) of the Firearms Act 1968 ;

“fireworks” means the explosive articles assigned in accordance with the United Nations Recommendations any of the U.N. nos. 0333 to 0337;

“GB nuclear site” has the meaning given in section 68 of the Energy Act 2013 ;

“harbour” means a harbour which is within the jurisdiction of a harbour authority and includes—the areas of water within the jurisdiction of that harbour authority; andland within the jurisdiction of, or occupied by, the harbour authority and used in connection with the loading and unloading of ships,but does not include the areas of water which are within the jurisdiction not only of the harbour authority but also of another harbour authority and which are used primarily by ships using berths within the harbour of that other harbour authority;

“harbour authority” has the meaning given in section 57 of the Harbours Act 1964 ;

“hazard type” means any of hazard type 1 explosive, hazard type 2 explosive, hazard type 3 explosive or hazard type 4 explosive;

“hazard type 1 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a mass explosion hazard;

“hazard type 2 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a serious projectile hazard but does not have a mass explosion hazard;

“hazard type 3 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard and either a minor blast hazard or a minor projectile hazard, or both, but does not have a mass explosion hazard;

“hazard type 4 explosive” means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a fire hazard or slight explosion hazard, or both, with only local effect;

“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 ;

“Her Majesty's Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employee of the department of the Secretary of State having responsibility for defence attached to those forces;

“holder” in relation to an explosives certificate means the person named in the explosives certificate as a person fit to acquire, or to acquire and keep, explosives;

“importer”, in relation to civil explosives, means any person who—is established in the United Kingdom and places a civil explosive from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places a civil explosive on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

“licence”, save in the definition of “prohibited person”, means a licence for the manufacture or storage of explosives granted under regulation 13 and includes a varied licence;

“licensee” means a person who has been granted a licence under regulation 13 and includes a person to whom a licence is transferred and a person treated under regulation 18 as being licensed;

“licensing authority” has the meaning assigned to it by Schedule 1;

“local authority”, apart from in paragraph 6(1)(c) of Schedule 11, means, in relation to —the City of London, the Common Council for the City of London;an area in the rest of London, the London borough council for that area;an area where there is a metropolitan county fire and rescue authority, that authority;the Isles of Scilly, the Council of the Isles of Scilly;an area in the rest of England, the county council for that area or where there is no county council for that area, the district council for that area;an area in Scotland, the council for the local government area; andan area in Wales, the county council or the county borough council for that area;

“making available on the market” means any supply for distribution, consumption or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“manufacture” includes—in relation to explosive articles, their repair, modification, disassembly or unmaking;in relation to explosive substances, their reprocessing, modification or adaptation;but it does not include 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;

“manufacturer”, in relation to civil explosives, means a person who—manufactures a civil explosive, or has a civil explosive designed or manufactured; andmarkets that civil explosive under that person’s name or trade mark or uses it for their own purposes;

“market surveillance authority” means the Executive;

“mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

“mobile explosives manufacturing unit” means a moveable unit, whether mounted on a vehicle or not, for manufacturing and charging explosives from dangerous goods that are not explosives, with the unit consisting of various tanks, bulk containers and related equipment;

“new nuclear build site” has the meaning given in regulation 2A of the Health and Safety (Enforcing Authority) Regulations 1998 ;

“the ONR” means the Office for Nuclear Regulation ;

“ONR regulated site” has the meaning given in paragraph (11);

“percussion caps” means items intended for use in small arms ammunition or small arms assigned in accordance with the United Nations Recommendations the UN no. 0044 or 0378;

“place on the market” means the first making available on the market of Great Britain, and related expressions must be construed accordingly;

“police force”, for the purposes of regulations 3(10)(b) and (11)(e) and 27(3)(e), includes—the police force known as the British Transport Police Force ; andthe constabulary known as the Civil Nuclear Constabulary by virtue of section 52(1) of the Energy Act 2004 ;

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

“prohibited person” means a person, other than a person in respect of whom an order has been made under regulation 22(4), who—has been convicted of any offence under the Explosive Substances Act 1883 , orhas been sentenced to a sentence which is excluded from rehabilitation under the Rehabilitation of Offenders Act 1974 by virtue of section 5(1) and (1A) of that Act; orhas been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974 , for a term exceeding 30 months, but not exceeding 48 months, and less than the period of 7 years has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 42 months from that day for those under the age of 18 at the time of conviction; orhas been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term exceeding 6 months, but not exceeding 30 months, and less than the period of 48 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 24 months from that day for those under the age of 18 at the time of conviction; orhas been sentenced to a custodial sentence, within the meaning of section 5(7) and (8) of the Rehabilitation of Offenders Act 1974, for a term not exceeding 6 months and less than the period of 24 months has elapsed, beginning with the day on which the sentence (including any licence period relating to that sentence) is completed, or less than 18 months from that day for those under the age of 18 at the time of conviction; orhas been sentenced to a sentence of service detention, within the meaning of section 5(8) of the Rehabilitation of Offenders Act 1974 , for a recordable service offence and less than the period of 12 months has elapsed, beginning with the day on which the sentence is completed, or less than 6 months from that day for those under the age of 18 at the time of conviction, and, for these purposes —“conviction” includes a finding or a substituted finding that is treated as a conviction by virtue of section 376 of the Armed Forces Act 2006 ; and“recordable service offence” has the meaning given by article 2(1) of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 and paragraph 4 of Schedule 2 to that Order;

“propellant” means a deflagrating explosive used as a propellant in firearms;

“public consultation zone” means the area around the store or proposed store, or the building where the manufacture of explosives takes place or is proposed to take place, which, from the centre point of the store or building, has a radius equivalent to double the greatest separation distance required by virtue of these Regulations to apply in the case of that store or building;

“pyrotechnic article” means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;

“pyrotechnic substance” means an explosive substance of a kind designed to produce an effect by heat, light, sound, gas or smoke, or a combination of any of these, as a result of non-detonative, self-sustaining, exothermic chemical reactions;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

“recall” means taking any measure aimed at achieving the return of a civil explosive that has already been made available to the end-user and related expressions must be construed accordingly;

“recipient competent authority document” has the meaning in regulation 8(9);

“relevant authority” means any public authority which has a function under these Regulations or a function under another enactment in relation to the security or traceability of civil explosives;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 66 (conformity assessment procedures);

“relevant explosive” means an explosive for which an explosives certificate is required under regulation 5 for acquiring or keeping that explosive, or would be so required were it not for regulation 3(7), and, in relation to regulations 35 and 37 and paragraph 4 of Schedule 4 it also includes—ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 ; andsmokeless powder,even though, and to the extent that (in the case of smokeless powder), an explosives certificate is not required for their acquisition or keeping;

“relevant police force” means in the case of an explosives certificate—which will certify that the holder is a fit person to keep explosives, the police force for the police area in which the place of keeping is or is to be situated,which will certify only that the holder is a fit person to acquire explosives, the police force for the police area in which the applicant for a certificate resides or, in the case of a body corporate, in which the applicant has its registered office, or, if it has no registered office, its principal office,which has been issued, the police force stated in the certificate;

“renewal of a licence” means the granting of a licence to follow a previous licence without any amendment or gap in time;

“restricted substance” means any collection of substances which would if mixed form one or more explosive substances and which has been prepared for that purpose;

“separation distance” means the distance between the store or the building or other place in or at which explosives are, or are to be, manufactured and a building, or other place in or at which people are or are likely to be present either all the time or from time to time;

“ship” includes every description of vessel used in navigation;

“shooters' powder” means —black powder,smokeless powder which is manufactured for use in small arms, orany other substance or preparation based on potassium nitrate or nitro cellulose, whether in powder, pelletised or granular form, used, or to be used, as a propellant;

“site” means the whole area under the control of the same person and, for these purposes —all places adjoining each other under the control of the same person are to be treated as a whole area; andtwo or more areas under the control of the same person separated only by a road, railway or inland waterway are to be treated as a whole area;

“small arms” means any of— a firearm with a calibre not larger than 19.1 millimetres designed to fire ammunition consisting of a propelling charge and an inert projectile; a shotgun as defined by section 1(3) of the Firearms Act 1968 ; or a firearm intended to fire blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge;

“small arms ammunition” means the explosive articles assigned in accordance with the United Nations Recommendations the U.N. no. 0012, 0014 or 0055 which are intended exclusively for use in small arms;

“smokeless powder” means an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0509 or 0161 and which is intended exclusively for use in firearms;

“store” means a building, enclosed area or metal structure in which explosives are, or are to be, stored;

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

“technical documentation” has the meaning given in regulation 40(b) (technical documentation and conformity assessment);

“technical specification” means a document that prescribes technical requirements to be fulfilled by a civil explosive;

“transfer”, in relation to explosives, means —in regulations 3(14) and 8, any physical movement of explosives apart from movement within one site and whether or not transferring possession of or property in the explosives is involved; andfor all other provisions, transferring possession of or property in the explosives, save that, in relation to regulation 38(2) it is limited to a transfer of possession;

“UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

“U.N. no.” means United Nations Serial Number, that is to say one of the four-digit numbers devised by the United Nations as a means of identification of types of explosives in accordance with the United Nations Recommendations;

“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;

“visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952 ;

“water-based”, in relation to explosives, means explosives which are based on water and ammonium nitrate and assigned in accordance with the United Nations Recommendations the U.N. no. 0241; and

“wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006 .

“withdraw”, when used in relation to a civil explosive, means taking any measure aimed at preventing a civil explosive in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) For the purposes of these Regulations, the manufacture or storage of ammonium nitrate blasting intermediate is deemed to be the manufacture or storage of an explosive.

(3) For the purposes of measuring any distance required to be a separation distance by virtue of these Regulations, the distance to be measured is the horizontal distance between the outside edge of the store or the building or other place in or at in which the explosives are, or are to be, manufactured and the nearest point of the building or other place which the separation distance applies to.

(4) Any reference in these Regulations to the quantity of an explosive is to be construed as a reference to the net mass of explosive substance.

(5) For the purposes of these Regulations and subject to paragraph (6), “storage” in relation to explosives means their possession for any period after their manufacture, save for—

(a) any period during which they are being prepared at any place for use at that place; and

(b) any period during which they are being transported beyond the place where they are stored.

(6) Subject to paragraph (7), where, during any transport of any explosive beyond the place where it is stored, that explosive is, or is to be, kept at any place for more than twenty-four hours, that keeping is to be treated as storage within the meaning of these Regulations and the provisions of these Regulations apply to that keeping accordingly, notwithstanding any application of the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 to that transporting.

(7) Paragraph (6) does not apply to explosives in respect of which there is in existence an explosives licence granted under regulation 17 of the Dangerous Goods in Harbour Areas Regulations 2016.

(8) The performance of any function given to the chief officer of police under these Regulations may be delegated by the chief officer of police (“chief officer”), to such an extent and subject to such conditions as the chief officer may specify—

(a) to a member of the police force in respect of which the chief officer is the chief officer of police;

(b) to a person 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

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

and any such delegation must be made in writing by that chief officer.

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

(10) Any reference to acquiring an explosive means acquiring possession of or property in the explosive.

(11) For the purposes of these Regulations, a site is an ONR regulated site if it or any part of it is—

(a) a GB nuclear site;

(b) an authorised defence site; or

(12) In Part 13, “risk” means a risk, other than a minimal risk, which—

(a) could arise from lawful and readily predictable human behaviour; and

(b) may result in—

(i) harm to the health or safety of any person;

(ii) unintended damage to property; or

(iii) unintended harm to the environment.

(13) Until the entry into force of any amendment made to Annex II (technical regulations, standards, testing and certification) to the EEA Agreement by a Decision of the EEA Joint Committee, inserting a reference to the Directive into that Annex, references in regulations 2(1) and 8 and Part 13 and its related Schedules to, as the case may be, “an EEA state”, “another EEA state”, “the EEA state”, “other EEA state” or “other EEA states” are to be construed as referring to, respectively, “a member State”, “another member State”, “the member State”, “other member State” and “other member States”.

Application and extent

3

(1) Except as provided by paragraphs (2) and (3), these Regulations extend to England and Wales and Scotland.

(2) In Schedule 13—

(a) the amendments made by paragraphs 16, 20 and 30 extend to Scotland only; and

(b) the amendments made by paragraphs 11 and 14 extend to England and Wales only.

(3) Regulation 29 extends to Northern Ireland in so far it applies to the importation of pyrotechnic articles and substances.

(4) Subject to the following provisions of this regulation, these Regulations apply—

(a) within Great Britain, and

(b) except for regulations 4, 5, 31 and 32, outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) order 2013.

(5) In Schedule 13—

(a) the amendments made by paragraph 14(2) and (4) apply in relation to England only; and

(b) the amendments made by paragraph 14(3) and (5) of that Schedule apply in relation to Wales only.

(6) Regulations 4, 5, 11, 19, 21, 22, 31, 32, 35 and 37 do not apply to any explosive nuclear device.

(7) Regulation 5 does not apply to the acquisition or keeping of explosives by or on behalf of—

(a) any officer referred to in section 74 of the Explosives Act 1875 exercising the power of seizure under that section;

(b) constables acting in the execution of their duties;

(i) 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

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

who, in either case, is duly authorised in writing by the chief officer of police for the relevant police area;

(d) customs officers acting in the performance of their functions;

(e) the Crown, in respect of any explosive which—

(i) is in premises occupied on behalf of the Crown for, or

(ii) is intended for use for,

naval, military or air force purposes or the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs;

(f) the service authorities of visiting forces or any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ;

(g) a police force;

(h) the Executive; or

(i) the ONR.

(8) Regulations 6, 7, 9, 10, 12 to 18, 20, 23 and 26 to 30 do not apply to—

(a) any activity to which Part 5 of the Dangerous Goods In Harbour Areas Regulations 2016 applies;

(b) any activity to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 apply, apart from any activity which is to be treated as storage by virtue of regulation 2(6);

(c) the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship's crew which are carried out solely by the crew under the direction of the master and in this sub-paragraph the reference to the normal shipboard activities of a ship's crew includes —

(i) the construction, reconstruction or conversion of a ship outside, but not inside, Great Britain; and

(ii) the repair of a ship save repair when carried out in dry dock;

(d) the transport of explosives by air;

(e) an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 ;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 27 do not apply to the manufacture or storage of explosives, at any site under the control of the Secretary of State having responsibility for defence, or held for the purposes of a visiting force or headquarters, under a scheme approved by that Secretary of State which—

(a) provides for their safe manufacture and storage; and

(b) prescribes —

(i) separation distances, or

(ii) a combination of separation distances and other safety measures, which are designed to ensure a standard of safety which is equivalent to that ensured by the separation distances prescribed by regulation 27 and Schedule 5.

(10) Regulations 6, 7, 12 to 14, 16 to 18, 20, 23 , 27 and 29 do not apply to explosives—

(a) seized by constables acting in the execution of their duties,

(b) received by a police force from a member of the public; or

(i) persons under the direction of a member of Her Majesty's Forces or civilian employees of the department of the Secretary of State having responsibility for defence authorised in writing by that Secretary of State to carry out ordnance disposal; or

(ii) persons under the direction of a constable or authorised in writing by the chief officer of police to carry out ordnance disposal.

(11) Regulation 7 does not apply to—

(a) the Executive;

(b) the ONR;

(d) the Commissioners for Her Majesty's Revenue and Customs;

(e) a police force;

(f) a person 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) who is duly authorised in writing by the chief officer of police to store explosives; and

(g) a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff) who is duly authorised in writing by the chief officer of police to store explosives.

(12) Regulations 7, 12 to 14, 16 to 18, 20, 23, 27, 29 and 30 do not apply to explosives seized by an inspector appointed under section 19 of the 1974 Act in the performance of the inspector's functions.

(13) Regulations 7 and 30 do not apply to—

(a) constables in the execution of their duties;

(b) customs officers in the performance of their functions; or

(14) Regulations 8 and 39 to 77 do not apply in respect of the transfer of civil explosives to, by or on behalf of, or where, following the transfer, the explosives are in the possession of—

(a) a person exercising a power of seizure under section 74 of the Explosives Act 1875;

(b) constables acting in the execution of their duties;

(c) a person 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) who is duly authorised in writing by the chief officer of police in respect of such transfer or possession;

(d) a person appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff) who is duly authorised in writing by the chief officer of police in respect of such transfer or possession;

(e) customs officers acting in the performance of their functions;

(f) the Crown in respect of any civil explosives which are intended for use for the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs;

(g) inspectors appointed under section 19 of the 1974 Act exercising their power to take possession of and detain articles or substances under section 20(2)(i) of that Act as modified by Schedule 12 to these Regulations;

(h) the Executive; or

(i) the ONR.

(15) Regulations 33, 34 and 36 do not apply to—

(a) an explosive which is transported and delivered without packaging or in a mobile explosives manufacturing unit for its direct unloading into the blast-hole;

(aa) an explosive manufactured at a blasting site that is loaded immediately after being produced;

(b) fuses, which are cord-like non-detonating igniting devices;

(c) safety fuses, which consist of a core of fine grained black powder surrounded by a flexible woven fabric with one or more protective outer coverings and which, when ignited, burn at a predetermined rate without any external explosive effect; or

(d) cap-type primers, which consist of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact and which serve as igniting elements in small arms cartridges or in percussion primers for propelling charges.

(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — AUTHORISATIONS

Authorisation to acquire or acquire and keep explosives

4

(1) An explosives certificate is a certificate certifying that the person to whom it is issued is a fit person—

(a) to acquire explosives; or

(b) to acquire and keep explosives,

in accordance with the terms of the explosives certificate.

(2) An explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

5

(1) Subject to paragraph (3), no person may acquire any explosives unless—

(a) that person has a valid explosives certificate certifying that person to be a fit person to acquire explosives;

(b) that person acquires no more explosives than any quantity referred to in the explosives certificate;

(c) where the explosives certificate specifies the description of explosives which that person is a fit person to acquire, that person acquires only explosives of that description; and

(d) where the explosives certificate specifies purposes for which that person is a fit person to acquire explosives, that person acquires them only for those purposes.

(2) Subject to paragraph (3), no person may keep explosives unless that person—

(a) has a valid explosives certificate certifying that person to be a fit person to keep explosives;

(b) keeps no more explosives than the quantity referred to in the explosives certificate;

(c) where the explosives certificate specifies the description of explosives which that person is a fit person to keep, keeps only explosives of that description; and

(d) keeps them at any place specified in the explosives certificate.

(3) Paragraphs (1) and (2) do not apply to —

(a) the explosives as referred to in Schedule 2;

(b) pyrotechnic articles apart from those as referred to in Schedule 3; or

(4) For the purposes of this regulation, where a person acts as an agent to acquire a relevant explosive for another person, the agent is to be treated as if the agent, as well as that other person, had acquired the relevant explosive and the provisions of paragraph (1) accordingly apply to the agent as well as to that other person.

Authorisation to manufacture explosives

6

(1) Subject to paragraph (2), no person may manufacture explosives unless that person holds a licence for that manufacture and complies with the conditions of that licence.

(2) Paragraph (1) does not apply to—

(a) the manufacture of explosives for the purpose of laboratory analysis, testing, demonstration or experimentation (but not for practical use or supply) where the total quantity of explosives being manufactured at any time does not exceed 100 grams, but nothing in this sub-paragraph is to be taken as authorising any acquisition or keeping of explosives for which an explosives certificate is required by virtue of regulation 5, without such a certificate;

(b) the making or unmaking of small arms ammunition, or ammunition with inert projectiles intended for use in recreational or occupational firearms, or the preparation of cartridges for use with firearms which are to be used at historical re-enactment events, where the total quantity of primer and propellant used at any one time does not exceed 2 kilograms and, for these purposes, the quantity of propellant used includes propellant removed from cartridges;

(d) the preparation, assembly, disassembly and fusing of firework displays at the place of intended use;

(e) the preparation, assembly and fusing of fireworks, in quantities of no more than 10 kilograms at a time, at a site in relation to which a person holds a licence for the storage of explosives, for the purposes of a firework display to be put on by that person;

(f) the preparation, assembly and fusing of explosives commissioned for use in theatrical, television or cinematic special effects;

(g) the reprocessing of an explosive to form a pharmaceutical product which is not in itself an explosive substance;

(h) the mixing for immediate use of—

(i) ammonium nitrate with fuel oil; or

(ii) ammonium nitrate blasting intermediate with another substance,

at a mine or quarry to produce an explosive which is not cap-sensitive;

(i) the use of desensitised explosives in the manufacture of products which are not in themselves explosives; or

(j) the manufacture of explosives by a company which is a wholly-owned subsidiary of another company at a site in relation to which that other company holds a licence to manufacture explosives and that manufacture by the wholly-owned subsidiary is in accordance with the conditions of that licence.

(3) Where any of the activities in paragraph (2) for which a licence is not required are to take place at a site in relation to which a person holds a licence, the activity may only be carried out there where to do so would not result in a breach of the conditions of that licence.

(4) In this regulation—

(a) “cap-sensitive” means an explosive which gives a positive result when tested in accordance with the Series 5(a) test of the Manual of Tests and Criteria, fifth revised edition , supporting the United Nations Recommendations;

(b) “quarry” has the meaning given in regulation 3 of the Quarries Regulations 1999 ;

(i) wild game, vermin or, in the course of carrying on activities in connection with the management of an estate, wildlife; or

(ii) prepared inanimate objects;

(d) “shot firing charges” means charges used in shot firing operations; and

(e) “supply” means making available with a view to distribution or use, whether by the person making it available to another and whether for reward or free of charge.

Authorisation to store explosives

7

(1) Subject to paragraph (2), no person may store explosives unless that person holds a licence for their storage and complies with the conditions of that licence.

(2) Paragraph (1) does not apply to—

(a) the storage of one or more of the following—

(i) no more than 10 kilograms of shooters' powder;

(ii) no more than 5 kilograms of—

(aa) shooters' powder; or

(bb) any hazard type 3 or 4 explosive, or desensitised explosive, which is not a relevant explosive, or a combination of hazard type 3 or 4 explosives, or desensitised explosives, which are not relevant explosives; or

(cc) a combination of shooters' powder and any hazard type 3 or 4 explosives, or desensitised explosives, which are not relevant explosives;

(iii) no more than 15 kilograms of percussion caps or small arms ammunition or a mixture of them;

(b) the storage of no more than 7 kilograms of—

(i) hazard type 1 or 2 explosives, or

(ii) a combination of hazard type 1 or 2 explosives with explosives of another hazard type,

for no longer than 24 hours;

(d) the storage of no more than 100 kilograms of—

(i) hazard type 3 explosives consisting of fireworks;

(ii) shooters' powder; or

(iii) a combination of shooters' powder and hazard type 3 and 4 explosives consisting of fireworks,

provided that the explosives are stored for no longer than is necessary and in any event no more than 5 consecutive days in their place of intended use;

(e) the storage of—

(i) no more than 250 kilograms of hazard type 4 explosives provided that the explosives are stored for no longer than is necessary and in any event no more than 5 consecutive days in their place of intended use; or

(ii) no more than 50 kilograms of hazard type 4 explosives consisting solely of fireworks provided that the fireworks are stored for no longer than 21 consecutive days and are not for sale or for use at work;

(f) the storage of desensitised explosives which have been assigned in accordance with the United Nations Recommendations the U.N. no. 2059, 2555, 2556 or 2557; or

(g) the storage of explosives by a company which is a wholly-owned subsidiary of another company at a site in relation to which that other company holds a licence to store explosives and that storage by the wholly-owned subsidiary is in accordance with any condition of that licence.

(3) For the purposes of paragraph (2)—

(a) no more than one of the exceptions listed in subparagraphs (a) to (g) of paragraph (2) may be relied on in relation to explosives stored at the same site at the same time, irrespective of the person who is storing them; and

(b) the quantities referred to in that paragraph are the maximum quantities of the explosives they respectively relate to which may be present at a site at any one time.

(4) Where any storage to which paragraph (2) applies for which a licence is not required is to take place at a site in relation to which a person holds a licence, that storage may only take place there where to do so would not result in a breach of the conditions of that licence.

Authorisation to transfer civil explosives

8

(1) Before any civil explosives are transferred, the consignee must obtain from the competent authority ..., a recipient competent authority document which grants approval for the transfer.

(2) No person may consign any civil explosives for carriage to a place outside Great Britain unless the approval of the relevant competent authority has been obtained.

(3) No person may consign any civil explosives for carriage unless that person is satisfied that the consignee has the recipient competent authority document required by paragraph (1).

(4) No person may carry civil explosives unless the civil explosives are accompanied by the recipient competent authority document required by paragraph (1) or a copy of that document certified by or on behalf of the consignee to be a true copy thereof.

(5) For the purposes of this regulation, any transfer of civil explosives to a place outside the United Kingdom is treated as a transfer which will terminate at the place where the civil explosives are immediately before leaving the United Kingdom.

(6) The consignee of any civil explosives must retain the recipient competent authority document or a copy thereof for a period of 3 years from the completion of the transfer.

(7) This regulation does not apply to the transfer of any component of small arms ammunition by a person for that person's own sporting or other recreational use and not for sale, or to the transfer of such component following which the component is in the possession of a person for such purposes.

(8) Except as part of a transfer carried out in accordance with this regulation, the importation of civil explosives into the United Kingdom is prohibited.

(8A) A recipient competent authority document issued under this regulation may be granted for such period as the competent authority determines and may be revoked by notice in writing by that authority on grounds of safety or security.

(9) In this regulation—

(a) “competent authority” means the Executive; and

(b) “recipient competent authority document” means a document issued in accordance with this regulation by the competent authority;

(i) in respect of a transfer or part of a transfer which takes place within Great Britain, the Executive; and

(ii) in respect of a transfer or part of a transfer which takes place in Northern Ireland, the body which discharges in Northern Ireland similar functions to those discharged by the Executive under these Regulations in relation to Great Britain.

(10) A transfer document issued under the Directive, which was valid immediately before IP completion day is deemed to be a valid recipient competent authority document for the purposes of this regulation after IP completion day, until such time as it expires or is withdrawn by a relevant competent authority.

Prohibition concerning the acquisition and supply of fireworks

9

(1) No person may—

(a) acquire more than 50 kilograms of fireworks unless that person (“Person A”), or another person on behalf of Person A, holds a valid licence for the storage of those fireworks; or

(b) sell or otherwise transfer to any person (“Person B”) more than 50 kilograms of fireworks unless Person B shows to the person selling or otherwise transferring the fireworks a valid licence for the storage by Person B of those fireworks.

(2) This regulation does not apply to a person who is transporting fireworks on behalf of another person.

PART 3 — DEFENCES IN RELATION TO REGULATIONS 5 TO 7

Defence

10

(1) In proceedings against a person for a contravention of regulation 5(2), it is a defence for that person to prove that the keeping of explosives in contravention of that provision was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

(2) In proceedings against a person for a contravention of regulation 6(1) which involves using a building or part of a building licensed for the manufacture of explosives, for another manufacturing process not specified in the licence, it is a defence for that person to prove that—

(a) that use was temporary;

(b) that other process of manufacture involved explosive of the same, or a lower, hazard type than the explosives which the conditions of the licence permit in, as the case may be, that building or part of a building;

(c) the maximum quantity of explosives in that building or part of a building at any one time permitted under the conditions of the licence was not exceeded; and

(d) that person informed—

(i) where that person's licence was granted by the ONR, the ONR; or

(ii) otherwise, the Executive,

as soon as was reasonably practicable after the start of that use.

(3) In proceedings against a person for a contravention of regulation 7(1), it is a defence for that person to prove that the storage of explosives without a licence or in breach of a condition of a licence was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.

(4) In proceedings against a person for a contravention of regulation 7(1) where it is alleged against that person that the storage concerned was for a period longer than a period (“the permitted period”) referred to in regulation 7(2)(b), (c), (d) or (e)(i) or (ii), it is for that person to prove that the storage concerned was for no longer than the permitted period.

PART 4 — APPLICATIONS FOR AND GRANT OF AUTHORISATIONS

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

11

(1) Subject to paragraphs (4) to (6), an application for an explosives certificate must be made to the chief officer of police for the relevant police force.

(2) An application for an explosives certificate must be in a form approved for the time being for the purposes of this regulation by the Executive.

(3) A chief officer of police must issue an explosives certificate to an applicant if satisfied that the applicant is a fit person to hold an explosives certificate in accordance with any terms of that certificate.

(4) This paragraph applies with respect to an explosives certificate which would, if granted, certify only that the holder is a fit person to acquire explosives and where the person who would be the holder is not resident in Great Britain or, in the case of a body corporate, does not have a registered office or any other office in Great Britain.

(5) Where paragraph (4) applies, the application for an explosives certificate may be made by a person resident in Great Britain who has knowledge of and control over any occasion when the person to whom the certificate would relate would acquire or use explosives.

(6) An application pursuant to paragraphs (4) and (5) must be made to the chief officer of police for the police area in which the person who makes the application resides or, in the case of a body corporate, has its registered office or, if it has no registered office, its principal office.

(7) The holder of an explosives certificate must inform the chief officer of police who issued it of any change in the holder's address or, where the holder is a body corporate or partnership, of its proper address for the purposes of section 46(4) of the 1974 Act, either before or immediately after any such change occurs.

Applications for licences to manufacture or store explosives

12

An application for a licence must be made to the licensing authority on a form approved for the time being for the purposes of this regulation by the Executive.

Grant of licences

13

(1) A licence or a renewal of a licence may be granted—

(a) where the licensing authority is a local authority, for such period not exceeding five years as the licensing authority determines;

(b) where the licensing authority is the chief officer of police, the Executive or the ONR, for such period not exceeding five years as that licensing authority determines, save that, where the applicant for the licence or renewal of a licence has been granted an explosives certificate, the licence or renewal, as the case may be, may only be granted for any period not exceeding the due expiry date of that explosives certificate; or

(i) to which paragraph (3) applies; or

(ii) to which paragraph (3) does not apply by virtue of paragraph (4)(d), (e), (f), or (g); or

(iii) where the application is for a licence, or a renewal of a licence, relating only to the manufacture or storage of ammonium nitrate blasting intermediate.

(2) Subject to paragraph (3), the licensing authority must grant a licence or renewal of a licence unless any of the grounds for refusing to do so referred to in regulation 20 apply.

(3) Subject to paragraph (4), where the Executive or the ONR is the licensing authority in respect of an application for a licence the procedure set out in regulation 14 applies for obtaining the assent of—

(a) the local authority, or

(b) each local authority where the proposed site which is the subject of the application for a licence is situated partly within the area of one local authority and partly within the area of another,

and the Executive or the ONR, as the case may be, must refuse to grant the licence unless the local authority, or each local authority, as the case may be, has so assented.

(4) Paragraph (3) does not apply—

(a) where—

(i) the application is for a licence to store no more than 2000 kilograms to which paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1) applies; and

(ii) the applicant has not notified the relevant licensing authority that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with;

(b) to an application for a licence relating to the manufacture of explosives by means of on-site mixing;

(d) to an application for a licence relating to the manufacture or storage of explosives by a person who wishes to carry on such manufacture or storage within a part of a site where another person already holds a licence for the manufacture or storage of explosives; and either —

(i) the application relates to manufacturing or storage activities which would be permitted at that part of the site under the existing licence; or

(ii) in the opinion of the relevant licensing authority or a local authority whose assent would otherwise be required, no significant new health and safety issues are raised by the application;

(e) to an application for a licence relating to the manufacture of explosives by a police force maintained pursuant to section 2 of the Police Act 1996 or sections 2 and 3 of the Police and Fire Reform (Scotland) Act 2012 for their operational purposes or the training of members of that police force in relation to those purposes;

(f) to an application for a licence for the manufacture or storage of explosives at a site which, immediately before any grant of that application, is one which the disapplication in regulation 3(9) applies to and, in the opinion of the relevant licensing authority, no significant new health and safety issues are raised by the application; or

(g) to an application for a licence to follow, without a gap in time, a licence in respect of which paragraph (3) did not apply by virtue of sub-paragraph (e) or (f) and, in the opinion of the relevant licensing authority, no significant new health and safety issues are raised by the application.

(5) Every licence must include conditions which specify—

(a) the site and, within it, the places where the explosives may be stored, or, in the case of a licence to manufacture explosives, where they may be manufactured;

(b) the hazard type, if any, the description and maximum amount of explosives which may be—

(i) stored or otherwise present, or

(ii) in the case of licence to manufacture explosives, manufactured,

at any one time at any place so specified.

(6) In addition to the matters specified in paragraph (5), a licence which is granted by the relevant licensing authority in cases where the assent of the local authority was required pursuant to paragraph (3) or in cases where that assent was not required by virtue of paragraph (4)(b), (c), (d), (e), (f) or (g)—

(a) must be granted subject to such conditions as the relevant licensing authority considers appropriate which relate to separation distances;

(b) may be granted subject to such conditions as the relevant licensing authority considers appropriate which relate to—

(i) the construction, siting or orientation of any building (including any protective works around the building) where the activity will be carried on;

(ii) the activities which may be undertaken in specified buildings, rooms within those buildings, other structures or other places within the site; and

(iii) the manufacture and storage of the ingredients of explosives or articles or substances which are liable to ignite spontaneously or are flammable or otherwise dangerous in ways which could initiate or aggravate a fire or explosion,

and in this sub-paragraph—

“activity” means the manufacture or storage of explosives and includes any handling, on-site transport, testing, use and disposal of explosives and “activities” is to be construed accordingly; and

“construction” means the materials used in, and the design of, a building; and

(c) may, where both the manufacture and storage of explosives at the same site was applied for, cover both that manufacture and storage for the purposes of, respectively, regulations 6 and 7.

(7) In addition to the matters specified in paragraphs (5) and (6), where a licensing authority grants a licence which relates to the storage of pyrotechnic articles at any site where those articles are to be offered for sale, the licensing authority may attach such conditions to the licence as it considers appropriate which relate to—

(a) the storage and display of those articles in areas where they can be purchased;

(b) the prevention of risk of fire arising in respect of those articles; and

(8) Every person who, in a case to which paragraph (3) applies or a case to which that paragraph does not apply by virtue of paragraph (4)(c), (d), (e), (f) or (g) is granted a licence to manufacture or store explosives must ensure that the relevant licensing authority and the local planning authority in whose area the manufacture or storage takes place is, within 28 days of the licence being—

(a) granted; or

(b) varied in a way which affects the separation distances required to be maintained,

given a plan of the site and its immediate surrounding area showing the separation distances required to be maintained pursuant to the licence or varied licence.

(9) A licence granted pursuant to this regulation must be in a form approved for the time being for the purposes of this regulation by the Executive.

(10) In this regulation—

(a) “local planning authority”, in relation to an area—

(i) in England and Wales has the same meaning as it has in Part I of the Town and Country Planning Act 1990 save that, where there is more than one local planning authority, it means the district planning authority for the district; and

(ii) in Scotland means the council for the local government area;

(b) “on-site mixing” means the mixing at any place of non-explosive substances or preparations to form an explosive for immediate use at that place; and

Local authority assent procedure in relation to licence applications

14

(1) Where this regulation applies by virtue of regulation 13(3), the relevant licensing authority must, subject to regulation 20, issue the applicant with a draft licence containing the conditions which that licensing authority proposes to attach to the licence.

(2) The applicant must as soon as reasonably practicable send a copy of the application and draft licence to the local authority in whose area the manufacture or storage is proposed to take place.

(3) Within 28 days of sending to the local authority the information specified in paragraph (2), the applicant must—

(a) cause to be published in a newspaper circulating in the locality where the manufacture or storage of explosives is proposed to take place a notice which must—

(i) give details of the application;

(ii) invite representations on matters affecting the health and safety of persons other than the applicant's employees to be made in writing to the local authority within 28 days of the date that the notice is first published; and

(iii) give an address within the area of the local authority at which a copy of the application and draft licence may be inspected and the address of the local authority to which any representations must be sent; and

(b) take other reasonable steps to give that information to every person who resides or carries on a business or other undertaking within the public consultation zone.

(4) The local authority must send a copy of any representations referred to in paragraph (3)(a)(ii) to the applicant as soon as reasonably practicable after receiving them.

(5) In considering whether to assent, the local authority must have regard only to health and safety matters.

(6) Subject to paragraph (7), the local authority must, before deciding whether to assent to the application, hold a public hearing within 4 months of the date of its receipt of the copy of the application and draft licence referred to in paragraph (2).

(7) If, after the period of 28 days referred to in paragraph (3)(a)(ii) has elapsed, the local authority has received no objection to the application, or has only received objections which in its opinion are frivolous or immaterial, it may assent to the application without holding a hearing.

(8) Not less than 28 days before the hearing referred to in paragraph (6), the local authority must publish notice of the date, time and place fixed for the hearing in a newspaper circulating in the locality and send a copy of the notice to—

(a) the applicant;

(b) any person who made representations referred to in paragraph (3)(a)(ii); and

within 7 days from its publication.

(9) The local authority must notify the applicant and the relevant licensing authority of its decision within 7 days of making it.

(10) If the local authority fails to—

(a) send a copy of the notice referred to in paragraph (8) to the relevant licensing authority within 3 months from the date that a copy of the application and draft licence was sent to it pursuant to paragraph (2); or

(b) notify the relevant licensing authority of its decision in accordance with paragraph (9), within 2 months from the date of publication of the notice referred to in paragraph (8),

that licensing authority may make a written request to the local authority for it to state in writing whether it assents to the application.

(11) If the local authority does not respond to the written request within 28 days from the date of the request, the local authority is deemed to have assented to the application.

(12) The applicant must pay a fee to the local authority for the performance by that authority of their functions under this regulation, which fee must not exceed the sum of the costs reasonably incurred by that authority in performing those functions.

(13) In this regulation—

(a) “applicant” means the applicant for a licence or variation of a licence, as the case may be, and “application” means that person's application; and

(b) “relevant licensing authority” has the meaning given in regulation 13(10)(c).

Registers and retention of documents

15

(1) The licensing authority must—

(a) maintain a register in accordance with Schedule 4;

(b) keep a copy of any licence granted by it (together with a copy of the application for the licence) for as long as the licence remains valid; and

(c) (except where the Executive is the licensing authority), send to the Executive on request a copy of any part of the register or other document specified in this paragraph within such time as the Executive may direct.

(2) For the purposes of this regulation and Schedule 4, in the case to which regulation 3(9) applies disapplying regulations 6, 7, 12 to 14, 16 to 18, 20, 23 and 27, any reference to—

(a) the licensing authority or licensee is to be construed as a reference to the Secretary of State having responsibility for defence;

(b) any licence granted is to be construed as a reference to the scheme referred to in regulation 3(9);

(c) separation distances is to be construed as a reference to the separation distances prescribed in the scheme approved by the Secretary of State having responsibility for defence.

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

Variation of licences

16

(1) The licensing authority which grants a licence may vary it—

(a) where there has been a change in circumstances such that the separation distances can no longer be maintained and a consequent reduction in the maximum amount of explosive that may be stored is required;

(b) (where the Executive or the ONR (as the case may be) is the licensing authority in cases where the assent of the local authority was required pursuant to regulation 13(3) , or in cases where that assent was not required by virtue of regulation 13(4)(b), (c), (d), (e), (f) or (g), before the grant of the licence) where there has been a material change in circumstances so that a variation is necessary to ensure safety; or

(2) Subject to paragraphs (7) and (8), a licence may be varied on the grounds referred to in paragraph (1)(a) or (b) without the agreement of the licensee.

(3) Where the Executive or the ONR is the licensing authority in cases where the assent of the local authority—

(a) was required under regulation 13(3) before the grant of the licence; or

(b) was not required by virtue of regulation 13(4)(f) or (g); or

(d) would have been required under regulation 13(3) of the 2005 Regulations but for the operation of regulation 27(4) or (13) of those Regulations,

the provisions of regulation 14 apply in respect of a proposed variation referred to in paragraph (4) as if the reference in regulation 14(1) to regulation 13(3) were a reference to regulation 16(3).

(4) A proposed variation for the purposes of paragraph (3) is one which—

(a) relates to changes in the permitted quantities or types of explosive as a result of which the licensee could be required to maintain a separation distance greater than the separation distance required before the variation and, in the opinion of the Executive or the ONR, as the case may be, or the local authority concerned, significant new health and safety issues are raised by that proposed variation;

(b) would increase the period of the licence by more than twelve months; or

and the Executive or the ONR, as the case may be, must refuse to grant a varied licence unless the local authority, or each local authority in the case referred to in regulation 13(3), has so assented.

(5) Where a licensing authority proposes to vary a licence without the agreement of the licensee it must, before taking any such action, notify the licensee of its proposed course of action and afford the licensee the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(6) Representations made for the purpose of paragraph (5) may be made in writing, or both in writing and orally.

(7) Where the licensing authority decides to vary a licence without the agreement of the licensee it must provide the licensee with written reasons for its decision.

(8) Where the licensing authority varies a licence without the agreement of the licensee, that variation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (5).

(9) In this regulation, any reference to varying a licence includes varying its conditions.

Transfer of licences

17

(1) A licence may be transferred in writing by the licensing authority which issued the licence to any other person who wishes to manufacture or store explosives in place of the licensee and who applies to the licensing authority for the transfer.

(2) A licensing authority must grant an application for a transfer of a licence unless it is of the opinion that the applicant is not a fit person—

(a) to store explosives, in the case of an application to transfer a licence to store explosives; or

(b) to manufacture explosives, in the case of an application to transfer a licence to manufacture explosives.

(3) Where a licensing authority is of an opinion referred to in sub-paragraph (a) or (b) of paragraph (2), it must, subject to regulation 20, refuse the application to transfer the licence.

Death, bankruptcy or incapacity of a licensee

18

(1) If a licensee dies or becomes incapacitated, a person manufacturing or storing explosives in accordance with the conditions of the first-named person's licence is to be treated as being licensed in accordance with the first named person's licence until either—

(a) the expiration of a period of 60 days starting with the date of such death or incapacity;

(b) the grant or refusal of a new licence; or

whichever is the earlier.

(2) If a licensee becomes bankrupt or, in the case of a company, goes into liquidation, administration or receivership or has a receiving order made against it, any liquidator, administrator, receiver or trustee in bankruptcy is to be treated as being the licensee.

PART 6 — REFUSALS OF AUTHORISATIONS

Refusal of an explosives certificate

19

(1) A chief officer of police must not issue an explosives certificate to a person if the chief officer of police is satisfied that the person is of unsound mind or intemperate habit.

(2) A chief officer of police must not issue an explosives certificate to a person unless the chief officer of police is satisfied that—

(a) the person has good reason for acquiring the relevant explosives;

(b) the person is a responsible person who may be permitted to acquire the relevant explosives without danger to public safety or peace;

(c) the person will take all reasonable precautions to prevent access to the relevant explosives by unauthorised persons and to prevent loss of those explosives;

(d) the person is not a prohibited person;

(e) where the person is a body corporate, no director or secretary of the body corporate, and where the person is a Scottish firm, no partner in the firm, is a prohibited person;

(f) where the application is for an explosives certificate relating only to acquisition of relevant explosives—

(i) it is not reasonably practicable for the applicant to be an occupier of a site for the storage of relevant explosives for which the person would be required to have a licence, and

(ii) either the relevant explosives 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 at a site occupied by the Secretary of State having responsibility for defence; and

(g) where the application is for an explosives certificate relating to the keeping of relevant explosives, either—

(i) the applicant will ensure that the relevant explosives are kept at a site where the storage is permitted pursuant to a licence;

(ii) the relevant 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 relevant explosives, no licence is required to be held by the applicant in respect of that storage by virtue of regulation 7(2).

Refusal of a licence and draft licence and refusal of a renewal or transfer of a licence

20

(1) Subject to paragraphs (3) to (5), the licensing authority must—

(a) refuse an application for a licence; and

(b) where regulation 14(1) applies, refuse to issue the draft licence referred to in regulation 14(1),

where paragraph (2) applies.

(2) This paragraph applies where the licensing authority is of the opinion that—

(a) the proposed site or, within it, any place where the manufacture or storage of explosives is proposed to take place is unsuitable for that manufacture or storage; or

(b) the applicant is not a fit person—

(i) to store explosives, in the case of an application for a licence to store explosives; or

(ii) to manufacture explosives, in the case of an application for a licence to do so.

(3) Where a licensing authority proposes to refuse an application for—

(a) a licence;

(b) a renewal of a licence;

(d) a transfer of a licence;

it must, before taking any such action, notify the applicant of its proposed course of action and afford that applicant the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(4) Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

(5) Where the licensing authority decides to refuse an application for—

(a) a licence;

(b) a renewal of a licence;

(d) a transfer of a licence;

it must provide the applicant with written reasons for its decision.

(6) A refusal by the licensing authority, pursuant to paragraph (1), to issue the draft licence referred to in regulation 14(1) is to be treated for the purposes of these Regulations as a refusal of an application for a licence.

PART 7 — REVOCATION OF AUTHORISATIONS AND APPEALS AGAINST CERTAIN DECISIONS

Revocation and expiry of an explosives certificate

21

(1) A chief officer of police may revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that the holder was not when the explosives certificate was issued, or is no longer, a fit person to hold an explosives certificate in the terms of that explosives certificate.

(2) A chief officer of police must revoke an explosives certificate which that chief officer of police has issued if, at any time, that chief officer of police is satisfied that any of the conditions in paragraph (1) or (2) of regulation 19 was not met when the explosives certificate was issued, or is no longer met.

(3) An explosives certificate ceases to be valid—

(a) 5 years after the date of issue; or

(b) after such lesser time as may be stated therein; or

(c) after notice of revocation by the chief officer of police for the relevant police force has been served on the holder of the certificate,

whichever happens first.

(4) The holder of an explosives certificate must surrender it to the chief officer of police who issued it immediately after a notice of revocation has been served on that holder under paragraph (3)(c).

Appeals and applications to the Crown Court or Sheriff

22

(1) A person aggrieved by any decision of a chief officer of police to refuse an explosives certificate under regulation 19 or to revoke an explosives certificate under regulation 21 may appeal within 21 days of receiving notice of that decision.

(2) An appeal under this regulation in England and Wales is to be to the Crown Court and in Scotland is to be to the sheriff by way of summary application.

(3) The court hearing an appeal under this regulation may dismiss the appeal or allow the appeal and give directions to the chief officer of police to issue or restore the explosives certificate.

(4) A prohibited person may apply to the Crown Court or, in Scotland, to the sheriff by way of summary application for an order that that person is no longer a prohibited person and the court hearing any such application may make an order exempting that person from the provisions of these Regulations relating to a prohibited person.

Revocation of a licence

23

(1) The licensing authority which grants a licence may, subject to paragraphs (3), (4), (5) and (6), revoke that licence—

(a) where there has been a change in circumstances such that the site or, within it, any place in which explosives are manufactured or stored which the licence relates to is no longer suitable for that manufacture or storage;

(b) where it appears to the licensing authority on information obtained by it after the grant of the licence that the licensee is not a fit person—

(i) to store explosives, in the case of a person licensed to store explosives; or

(ii) to manufacture explosives, in the case of a person licensed to manufacture explosives; or

(2) A person whose licence is revoked must ensure that—

(a) all explosives are removed from a site as soon as is practicable after revocation of a licence in respect of that site;

(b) those explosives are deposited at a site which is the subject of a licence which permits any storage resulting from that depositing, or suitable arrangements are made for those explosives to be disposed of; and

(c) the licence is returned to the licensing authority within 28 days of the date that the revocation takes effect pursuant to paragraph (6).

(3) Where a licensing authority proposes to revoke a licence, it must, before taking any such action, notify the licensee of its proposed course of action and afford that person the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

(4) Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

(5) Where the licensing authority decides to revoke a licence, it must provide in writing to the licensee the reasons for its decision.

(6) Where the licensing authority revokes a licence, that revocation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (3).

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

Licences for sites which cease to be ONR regulated sites

24

(1) Where this regulation applies a licence granted by, or treated as granted by, the ONR is to be treated on and after the relevant date as a licence granted by the relevant licensing authority.

(2) This regulation applies where—

(a) the site in respect of which the licence was granted ceases to be an ONR regulated site; and

(b) the licence mentioned in sub-paragraph (a) remained in force immediately before the relevant date.

(3) In this regulation—

(a) “relevant date” means, in relation to a site, the date on which the site ceased to be an ONR regulated site; and

(b) “relevant licensing authority” means the licensing authority for the site determined in accordance with Schedule 1, other than paragraph 4 of that Schedule, as if an application for a licence were to be made.

Licences for sites which become ONR regulated sites

25

(1) Where this regulation applies a licence granted by, or treated as granted by, a licensing authority (other than the ONR) is to be treated on and after the relevant date as a licence granted by the ONR.

(2) This regulation applies where—

(a) the site in respect of which the licence was granted becomes an ONR regulated site; and

(b) the licence mentioned in sub-paragraph (a) remained in force immediately before the relevant date.

(3) In this regulation “relevant date” means, in relation to a site, the date on which the site became an ONR regulated site.

PART 9 — SAFETY OF EXPLOSIVES

Fire and explosion measures

26

(1) Any person who manufactures or stores explosives must take appropriate measures—

(a) to prevent fire or explosion;

(b) to limit the extent of fire or explosion including measures to prevent the spreading of fires and the communication of explosions from one location to another; and

(2) For the purposes of paragraph (1), the reference to the manufacture or storage of explosives includes a reference to any handling, on-site transport and testing of explosives which is associated with that manufacture or storage.

(3) In this regulation, “fire or explosion” means unplanned fire or explosion at the site of manufacture or storage.

Separation distances

27

(1) Subject to paragraphs (2) and (3), every person who stores explosives at a site must ensure that the relevant separation distance prescribed by Schedule 5 is maintained between a store and a building or other place to which that Schedule applies.

(2) Paragraph (1) does not apply to—

(a) desensitised explosives; or

(b) explosives which are stored under a licence granted by the Executive or the ONR in cases—

(i) where the assent of the local authority was required pursuant to regulation 13(3); or

(ii) where that assent was not required by virtue of regulation 13(4)(c), (d), (e), (f) or (g).

(3) Paragraph (1) does not apply to the storage of explosives where the total quantity of explosives stored at a site, excluding, in the case of sub-paragraphs (c) and (e), any amount of small arms ammunition, does not exceed—

(a) 100 grams;

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