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The Explosives Regulations 2014

Type Statutory-Instrument

Publication 2014-06-23

Last updated 2024-10-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) a combined total of 5 kilograms of shooters' powder and model rocket motors;

(d) 200 detonators and —

(i) 5 kilograms of water-based explosive and detonating cord; or

(ii) 5 kilograms of water-based explosive or detonating cord; or

(e) in the case of explosives kept by a police force —

(i) 16 kilograms of stun grenades; and

(ii) 4 kilograms of explosives kept for operational purposes other than the purpose referred to in paragraph (iii) but including ordnance disposal and the training of dogs for the detection of explosives; or

(iii) 30 kilograms of explosives kept solely for the purpose of gaining entry to premises; or

(iv) 30 kilograms of explosives kept solely for the purposes of ordnance disposal;

and the explosives are stored in a safe and suitable place with all due precautions for public safety.

(4) In this regulation—

(a) “model rocket motors” means explosive articles which—

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

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

(iii) in respect of each individual explosive article, contain no more than 1 kilogram of explosive; and

(b) “stun grenades” means pyrotechnic articles designed to confuse, disorientate or distract a person which are assigned in accordance with the United Nations Recommendations the U.N. no. 0431 or 0432.

Discarding or disposing of explosives and decontamination of explosive-contaminated items

28

(1) Any person who discards or disposes of explosives or explosive-contaminated items must ensure, so far as is reasonably practicable, that they are discarded or disposed of safely.

(2) Any person who decontaminates explosive-contaminated items must ensure, so far as is reasonably practicable, that they are decontaminated safely.

Prohibitions concerning manufacture, storage and importation of certain explosives

29

(1) Subject to paragraph (2), no pyrotechnic substance which consists of—

(a) sulphur; or

(b) phosphorus,

mixed with chlorate of potassium or other chlorates or pyrotechnic article which contains any such mixture may be manufactured, stored or imported into the United Kingdom without the approval of the Executive.

(2) In determining whether to approve for the purposes of paragraph (1), the Executive must take into account—

(a) the risk of the mixture spontaneously combusting; and

(b) the potential for the mixture to become sensitive to ignition by friction or impact.

(3) A contravention of paragraph (1) concerning importation is punishable only under the 1974 Act.

PART 10 — SECURITY OF EXPLOSIVES: PREVENTING UNAUTHORISED ACCESS OR ACQISITION

Unauthorised access

30

(1) Any person who manufactures, stores or keeps explosives must take all appropriate precautions for preventing unauthorised persons having access to—

(a) the places where those explosives are manufactured, stored or kept; or

(b) the explosives.

(2) No person may—

(a) without the permission of the licensee, enter—

(i) any store within a site;

(ii) any building used for the manufacture of explosives within a site, or

(iii) any site, or any place within it, with clearly marked boundaries at which explosives are stored or manufactured,

operating under a licence; or

(b) having so entered, refuse to leave that site when requested to do so by a constable or the licensee.

(3) Where following a request referred to in paragraph (2)(b) the person who has entered that place without permission refuses to leave that site, a constable or the licensee may remove that person from the site using reasonable force, if necessary.

(4) For the purposes of paragraphs (2) and (3)—

(a) “enter” includes entering onto a roof of a store or a building in which explosives are manufactured; and

(b) “licensee” includes an employee or agent of a licensee.

Prohibitions concerning the transfer of relevant explosives

31

(1) No person may transfer any relevant explosive to another person (“the transferee”) unless—

(a) the transferee has an explosives certificate certifying that the transferee is a fit person to acquire that relevant explosive;

(b) the relevant explosive is for immediate export to a transferee resident outside the United Kingdom;

(c) the relevant explosive is for immediate transport to Northern Ireland and the transferee has police consent under regulation 11(1) of the Explosives Regulations (Northern Ireland) 1970 ;

(d) the relevant explosive is for transport to an offshore installation in controlled waters as both those terms are defined in section 12 of the Mineral Workings (Offshore Installations) Act 1971 ; or

(e) the transferee is a person specified in regulation 3(7) and, 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.

(2) For the purposes of this regulation, a person who acts as agent to transfer any relevant explosive for another person is to be treated as if the person acting as agent as well as that other person had transferred that relevant explosive as principal.

(3) For the purposes of this regulation, where any relevant explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time) the relevant explosive is not to be treated as being transferred to or from a person who has possession of it only by reason of being—

(a) a carrier;

(b) a person engaged in the work of loading or unloading; or

(4) Nothing in paragraph (1)(b), in relation to the transfer to which it refers, is to be taken as meaning that any requirement under other legislation applying in relation to that transfer does not apply.

Restrictions on prohibited persons

32

(1) Subject to paragraph (3), no employer may knowingly employ a prohibited person in a position where the employee handles or has control of any relevant explosive or any restricted substance.

(2) Subject to paragraph (3), no prohibited person, regardless of whether the person satisfies regulation 5, may acquire, handle or have control of any relevant explosive or any restricted substance.

(3) This regulation does not apply to the employment of, or the acquisition, keeping, handling or control of any relevant explosive or any restricted substance in the course of their duties by, members of Her Majesty's Forces.

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

Unique identification of civil explosives

33

(1) Subject to paragraphs (3) and (4), any person who manufactures a civil explosive must, as soon as is practicable after that manufacture and before the civil explosive may be moved away from the site where it is manufactured—

(a) mark each civil explosive item referred to in Schedule 7 relating to the civil explosive with a unique identification in accordance with that Schedule;

(b) where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c) where a passive inert electronic tag or associated tag is applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(2) The unique identification must—

(a) comprise the components described in Schedule 6; and

(b) be marked on or firmly affixed to the civil explosive item concerned in a way which ensures that it is durable and clearly legible.

(3) Paragraph (1) does not apply where the civil explosive is manufactured for export and is marked with an identification in accordance with the requirements of the importing country for allowing traceability of the civil explosive.

(4) Where a civil explosive is subject to a further manufacturing process after its original manufacture, the manufacturer must mark each civil explosive item relating to the civil explosive subjected to that further process, with a new unique identification only if the original unique identification is no longer marked in the way that paragraph (2)(b) requires and any new marking so required must be done as soon as is practicable after that further process and before the civil explosive may be moved away from the site where it is manufactured.

(5) Subject to paragraph (6), a person who imports a civil explosive into Great Britain must, as soon as is practicable after import and before acquisition of the civil explosive by another person—

(a) mark each civil explosive item referred to in Schedule 7 relating to the civil explosive with a unique identification in accordance with that Schedule;

(b) where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c) where a passive inert electronic tag or associated tag is applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(6) Paragraph (5) does not apply where the civil explosive items are marked with a unique identification before importation.

(7) Where a distributor repackages a civil explosive, the distributor must ensure that—

(a) the civil explosive items relating to the civil explosive have the unique identification marked on or affixed to them in accordance with Schedule 7;

(b) where an associated label in respect of that marking is required by that Schedule, the label is attached in accordance with those requirements; and

(c) where a passive inert electronic tag or associated tag is applied in respect of that marking, that tag is placed in accordance with the applicable provisions of that Schedule.

(8) For the purposes of this regulation and Schedule 7—

(a) “civil explosive item” means a civil explosive article, a container containing a civil explosive substance or each smallest packaging unit containing civil explosive;

(b) “civil explosive article” means an article containing one or more civil explosive substances; and

Attribution of manufacturing site codes for civil explosives

34

(1) This regulation applies for the purposes of the attribution of a three digit code (referred to in this regulation as the “code”) to a site where civil explosives are manufactured, which is unique to that site and is a component of the unique identification described in Schedule 6.

(2) For each site within Great Britain at which civil explosives are manufactured—

(a) the manufacturer must apply to the Executive for it to attribute a code for the site; and

(b) the Executive must attribute the code and inform the manufacturer accordingly.

(3) For the purposes of the attribution of a code to a site where civil explosives are manufactured in a country other than the United Kingdom—

(a) paragraph (4) applies where the manufacturer is established in the United Kingdom and the place of import of the civil explosives is Great Britain;

(b) paragraph (5) applies where the manufacturer is not established in the United Kingdom and the place of import of the civil explosives is Great Britain; and

(c) paragraph (6) applies where the manufacturer is established in Great Britain and the place of import of the civil explosives is ... Northern Ireland ....

(4) Where this paragraph applies—

(a) in the case where the manufacturer is established in Great Britain—

(i) the manufacturer must apply to the Executive for it to attribute a code for the site where the civil explosives are manufactured; and

(ii) the Executive must attribute the code and inform the manufacturer accordingly; and

(b) in the case where the manufacturer is established in Northern Ireland ...—

(i) the Executive must attribute a code for the site where the civil explosives are manufactured when it receives a request from the manufacturer to do so; and

(ii) the Executive must inform the manufacturer accordingly.

(5) Where this paragraph applies—

(a) the importer must apply to the Executive for it to attribute a code for the site where the civil explosives are manufactured; ...

(b) the importer must at the time of its application provide the Executive with the details of any site code previously attributed to those explosives; and

(c) the Executive must attribute the code (which may be the same as the code previously attributed to the explosives) and inform the importer accordingly.

(6) Where this paragraph applies, the manufacturer must apply to the Secretary of State for Northern Ireland for the Secretary of State to attribute a code for the site where the civil explosives are manufactured.

Records in relation to relevant explosives

35

(1) Subject to paragraph (2), a person (“person A”) who acquires or keeps a relevant explosive must keep a record containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to—

(a) individuals who acquire any relevant explosive, otherwise than in connection with their work, solely for their own personal use; or

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

(3) The information referred to in paragraph (1) is—

(a) the means of identifying the relevant explosive, including—

(i) its type;

(ii) its manufacturer;

(iii) a description of the relevant explosive and its name, product code or other information which enables the relevant explosive to be distinguished from every other explosive to which it is not identical;

(b) the total number of any explosive articles, the total nominal mass of explosive substance not contained in explosive articles or, in the case of such substances in cartridge form, the total number of cartridges;

(d) the name and address of any person to whom the relevant explosive is transferred; and

(e) whether, while in the possession of person A, the relevant explosive has been—

(i) subjected to a further manufacturing process after its acquisition;

(ii) used;

(iii) transferred to another person; or

(iv) destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date by person A.

(5) The system applied by person A for collecting the information must be tested by person A at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person A must keep the record for a period of three years from the date when the relevant explosive concerned was used, transferred to another person or destroyed.

(7) Person A must protect the record against accidental or malicious damage or destruction.

(8) Person A must provide the enforcing authority with—

(a) information as to the origin and location of each relevant explosive to which the record relates, where the enforcing authority requests it; and

(b) the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person A which acquires or keeps any relevant explosive is to cease to trade, person A must notify the enforcing authority of that fact and offer any record still required to be kept pursuant to paragraph (6) to that authority.

(10) In paragraph (3)(a)(iii), “name” means, in relation to an explosive article or explosive substance—

(a) the name under which it is or is to be marketed; or

(b) in the case of a military explosive (within the meaning of regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 ), the name designated in writing for that explosive article or substance by the Secretary of State having responsibility for defence.

(11) When regulation 36 is in force, this regulation, to the extent that it concerns civil explosives to which the duty in regulation 36(1) will then apply, ceases to have effect in relation to those civil explosives.

Records in relation to civil explosives

36

(1) Subject to paragraph (2), a person (“person B”) who manufactures, imports, distributes, acquires or keeps any civil explosive must, in respect of any civil explosive manufactured in, or imported into, Great Britain on or after 5th April 2015, keep a record containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to individuals who acquire any civil explosive, otherwise than in connection with their work, solely for their own personal use.

(3) The information referred to in paragraph (1) is—

(a) the means of identifying and describing the civil explosive, including—

(i) its type; and

(ii) the unique identification in relation to the civil explosive;

(b) the location of the civil explosive while it is in the possession of person B;

(d) whether, while in the possession of person B, the civil explosive has been—

(i) subjected to a further manufacturing process after its original manufacture;

(ii) used;

(iii) transferred to another person;

(iv) or destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date by person B.

(5) The system applied by person B for collecting the information must be tested by person B at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person B must keep the record for a period of ten years from the date when the civil explosive concerned was used, transferred to another person or destroyed.

(7) Person B must protect the record against accidental or malicious damage or destruction.

(8) Person B must provide the enforcing authority with—

(a) information as to the origin and location of each civil explosive to which the record relates, where the enforcing authority requests it; and

(b) the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person B which manufactures, imports, distributes, acquires or keeps civil explosives is to cease to trade, person B must notify the enforcing authority of that fact and provide any record still required to be kept pursuant to paragraph (6) to that authority, who must keep that record for the remainder of the period referred to in that paragraph.

Reporting loss

37

(1) Any person who acquires possession of, keeps, loads, unloads or transports any relevant explosive or is the occupier of a place where it is loaded or unloaded while on a journey must ensure that the loss of any relevant explosive is reported forthwith—

(a) to the chief officer of police for the police area in which the loss occurs; or

(b) if it is not known where the loss occurred, to the chief officer of police for the police area in which the loss is discovered, or

(2) Where the person required by paragraph (1) to ensure the reporting of a loss is a person who had acquired possession of the relevant explosive or was keeping it, that person must also confirm the report in writing without delay including the following information (whether or not previously supplied orally)—

(a) the date and time that the loss was first discovered;

(b) the place at which that discovery was made;

(c) a description of each type of relevant explosive that has been lost sufficient to distinguish that type from other explosives which are similar but not identical;

(d) for each type lost—

(i) the number of articles lost, or

(ii) the total nominal mass of each type of explosive substance lost, except that in the case of a substance in cartridge form, the number of cartridges lost may be given.

(3) Any person who transports, loads or unloads relevant explosive or is the occupier of a place where it is loaded or unloaded must also report the loss of any relevant explosive without delay to the consignor or, if the consignor is outside the United Kingdom, to the consignee.

(4) Any person making a report under paragraph (3) must provide the consignor or consignee with any information in the possession of the person making the report which the consignor or consignee needs to comply with paragraph (5).

(5) Any consignor or consignee to whom a loss is reported under paragraph (3) must without delay notify the loss in writing to the chief officer of police for the police area in which the loss was discovered, and also (if different) the chief officer of police who issued any explosives certificate held by the consignor or consignee which relates to the relevant explosive the loss of which has been so reported, giving the information listed in paragraph (2).

(6) Employees must inform their employer without delay if they become aware of any loss of any relevant explosive which their employer must report.

(7) Where any loss of a relevant explosive occurs at a site in relation to which the Executive is the licensing authority by virtue of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the Executive.

(8) Where any loss of a relevant explosive occurs at a site in relation to which the ONR is the licensing authority by virtue of paragraph 4 of Schedule 1, then any requirement in this regulation to report or supply information to a chief officer of police also includes a like requirement to report or supply the same information to the ONR.

(9) The person required by paragraph (1) to ensure that a loss is reported must maintain adequate systems for ensuring that any loss of a relevant explosive is detected.

(10) That system must be tested by that person at regular intervals to ensure its effectiveness.

(11) In determining whether any relevant explosive is lost for the purposes of this regulation, no account is to be taken of any relevant explosive in respect of which it can be shown that the cause was not theft and that the relevant explosive no longer exists.

PART 12 — SECURITY PROVISIONS IN RELATION TO PLASTIC EXPLOSIVES

Prohibitions in relation to unmarked plastic explosive

38

(1) No person may manufacture any plastic explosive, the finished product of which is unmarked.

(2) No person may be in possession, nor transfer possession, of any unmarked plastic explosive.

(3) Paragraph (2) does not apply to a plastic explosive that is in the process of being manufactured.

(4) No person may import any unmarked plastic explosive into the United Kingdom.

(5) For the purposes of this regulation, a plastic explosive is marked if, at the time of its manufacture, it, or a sample of the plastic explosive, contains a detection agent of at least the concentration specified in the corresponding entry for that detection agent in column 2 of the Table in Part 2 of Schedule 8, whether that detection agent is introduced during the process of manufacture of the plastic explosive for the purpose of making the plastic explosive detectable or as a result of the normal formulation of that plastic explosive.

(6) In this regulation—

(a) “detection agent” means a substance named in column 1 of the Table in Part 2 of Schedule 8;

(b) “plastic explosive” has the meaning given by Part 1 of Schedule 8; and

PART 13 — SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORS, SUB-PART B: CONFORMITY ASSESSMENT BODIES, SUB-PART C: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

Placing on the market of civil explosives

39

Before placing a civil explosive on the market or using it for their own purposes, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential safety requirements.

Conformity attestation

40

Before placing a civil explosive on the market, or using it for their own purposes, a manufacturer must, in respect of that civil explosive—

(a) have a relevant conformity assessment procedure carried out; and

(b) draw up the technical documentation referred to —

(i) for a civil explosive in respect of which the conformity assessment procedure in regulation 66(2)(a) is being carried out, in paragraph 2(2)(c) of Part 1 (Module B) of Schedule 17;

(ii) for a civil explosive in respect of which the conformity assessment procedure in regulation 66(2)(b) is being carried out, in paragraph 46 of Part 6 (Module G) of Schedule 17.

Notified bodies

41

(1) Where the conformity of a civil explosive with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the civil explosive on the market or using it for their own purposes—

(a) draw up a declaration of conformity in accordance with regulation 67 ...; and

(b) affix the UK marking in accordance with regulation 68 ....

(2) The manufacturer must keep the EU declaration of conformity up to date.

(3) Where a civil explosive is subject to more than one enactment requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

CE marking

42

A manufacturer must keep the technical documentation and the ... declaration of conformity drawn up in respect of a civil explosive for a period of 10 years beginning on the day on which the civil explosive is placed on the market.

PART 14 — ENFORCEMENT OF THE REGULATIONS

Enforcement within Great Britain

43

(1) A manufacturer of civil explosives which are manufactured by series production must ensure that, before placing such a civil explosive on the market, procedures are in place to ensure that any civil explosive so manufactured will be in conformity with this Part.

(2) In doing so, the manufacturer must take adequate account of —

(a) any change in the design or characteristics of the civil explosive; and

(b) any change in a designated standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Enforcement outside Great Britain

44

(1) A manufacturer of a civil explosive which is excluded from the scope of regulations 33, 34 and 36 by virtue of regulation 3(15), must, before placing such a civil explosive on the market—

(a) ensure that it bears a type, batch or serial number or other element allowing its identification, and

(b) indicate on the civil explosive—

(i) any of—

(aa) the manufacturer’s name;

(ab) registered trade name; or

(ac) trade mark; and

(ii) a single postal address at which they can be contacted.

(2) Where the small size, shape or design of the civil explosive does not allow the information specified in paragraph (1)(a) to be indicated on it, the manufacturer must ensure that such information is indicated on its packaging or in a document accompanying the civil explosive.

(3) Where it is not possible to indicate the information specified in paragraph (1)(b) on the civil explosive, the manufacturer must indicate that information on the packaging or in a document accompanying the civil explosive.

(4) For a civil explosive that is to be made available on the market in Great Britain the contact details referred to in paragraph (1) must be provided in English.

Enforcement powers in relation to regulation 8 and Part 13

45

(1) When placing a civil explosive on the market, a manufacturer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

(2) Any labelling on the civil explosive must be clear, legible and in easily understandable English.

PART 15 — POWER TO GRANT EXEMPTIONS AND MISCELLANEOUS PROVISIONS

Exemptions

46

(1) A manufacturer may, by written mandate, appoint a person established in the United Kingdom as their authorised representative to perform specified tasks on the manufacturer’s behalf.

(2) The mandate must allow the authorised representative to do at least the following in relation to a civil explosive covered by the mandate—

(a) perform the manufacturer’s obligations under regulation 42 (retention of technical documentation and ... declaration of conformity); and

(b) perform the manufacturer’s obligations under regulation 54 (provision of information and cooperation).

(3) A manufacturer must not delegate the performance of their functions under regulation 39 (design and manufacture in accordance with essential safety requirements) and regulation 40 (technical documentation and conformity assessment) to an authorised representative.

(4) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under this Part that the authorised representative is appointed by the manufacturer to perform and, accordingly—

(a) as far as those duties are concerned, references in this Part (except in this regulation) to the manufacturer are to be taken as including a reference to the authorised representative; and

(b) if the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.

(5) A manufacturer who has appointed an authorised representative to perform on their behalf an obligation under this Part remains responsible for the proper performance of that obligation.

Savings and transitional provisions

47

An importer must not place a civil explosive on the market unless it is in conformity with the essential safety requirements.

Repeals, revocations and amendments

48

(1) Before placing a civil explosive on the market, an importer must ensure that—

(a) a relevant conformity assessment procedure has been carried out by the manufacturer;

(b) the manufacturer has drawn up the technical documentation;

(i) bears the UK marking; and

(ii) is accompanied by the required documents; and

(d) the manufacturer has complied with the requirements, where applicable, set out in regulation 44 (traceability of certain civil explosives excluded from the scope of regulations 33, 34 and 36) to the extent not already covered by sub-paragraph (c)(ii).

(2) In paragraph (1)(c)(ii), “required documents” means any documents that are required to be provided with the civil explosive pursuant to—

(a) regulation 44(2) and (3); and

(b) regulation 45.

Review

49

(1) Where an importer considers, or has reason to believe, that a civil explosive is not in conformity with the essential safety requirements, the importer must not place the civil explosive on the market.

(2) Where the civil explosive presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

SCHEDULE 1 — MEANING OF “LICENSING AUTHORITY”

1

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

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

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

(aa) any of the explosives are relevant explosives;

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

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

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

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

(b) the Executive where the explosives are to be stored—

(i) on the surface at a mine, whether in a building or not;

(ii) below ground at a mine; or

(iii) within a harbour;

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

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

2

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

3

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

4

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

5

The applicant may only apply to the Executive pursuant to paragraph 2, where—

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

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

SCHEDULE 2 — EXPLOSIVES NOT REQUIRING AN EXPLOSIVES CERTIFICATE

PART 1 — LIST OF EXPLOSIVES

Explosives	U.N. no
2-AMINO-4, 6-DINITROPHENOL, WETTED with not less than 20% water by mass	3317
CARTRIDGES, OIL WELL	0277
CARTRIDGES, OIL WELL	0278
CARTRIDGES FOR TOOLS, BLANK	0014
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER	0446
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER	0447
CORD, IGNITER	0066
CUTTERS, CABLE, EXPLOSIVE	0070
FUSE, NON-DETONATING	0101
FUSE, SAFETY	0105
1-HYDROXYBENZOTRIAZOLE, ANHYDROUS	0508
1-HYDROXYBENZOTRIAZOLE, MONOHYDRATE	3474
LIGHTERS, FUSE	0131
5-MERCAPTOTETRAZOL-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
4-NITROPHENYLHYDRAZINE, with not less than 30% water, by mass	3376
PRIMERS, CAP TYPE	0044
PRIMERS, CAP TYPE	0378
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

PART 2 — FURTHER LIST OF EXPLOSIVES

1

Ammunition intended for use in small arms.

2

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

3

Blank ammunition intended for use in small arms.

4

Cartridges, which are empty but with a primer which—

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

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

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

5

Cartridges power device which—

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

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

6

A desensitised explosive which is—

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

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

7

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

8

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

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

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

9

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

10

Explosive articles which—

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

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

11

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

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

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

12

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

13

A solution of the explosive substance Nitroglycerine in alcohol which is—

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

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

14

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

15

The explosive substance smokeless powder which is—

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

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

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

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

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

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

16

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

SCHEDULE 3 — PYROTECHNIC ARTICLES REQUIRING AN EXPLOSIVES CERTIFICATE

1

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

2

Pyrotechnic articles which—

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

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

3

Pyrotechnic articles which—

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

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

4

Pyrotechnic articles which—

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

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

5

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

SCHEDULE 4 — REGISTERS

1

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

2

The following information must be included in the register—

(a) the name of the licensee;

(b) the licensee's permanent address, unless the licensee's home address is the licensee's only permanent address;

(c) the address of the site where the explosives are manufactured or stored (where that differs from any address included pursuant to sub-paragraph (b));

(d) the hazard type if any, the description and maximum amount of explosive which may be stored or otherwise present at any one time in any place which is specified in the licence;

(e) the nature of the business of the licensee and the intended use of the explosives;

(f) the kind of explosives manufactured or stored;

(g) where separation distances are required by regulation 27 or by a condition of the licence to be maintained around the store or the building where explosives are manufactured, a plan in a suitable scale sufficient to show those separation distances;

(h) a map in a suitable scale sufficient to show the location of any stores; and

(i) the kind of store concerned, including the material out of which it is constructed.

3

Subject to paragraphs 7 and 8, where the licence only relates to explosives which are not relevant explosives, the licensing authority must—

(a) ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, by members of the public; and

(b) provide a copy of the entry in the register relating to the information referred to in paragraph 2(a) to (d) in respect of that licence to a member of the public who requests a copy and pays a charge which must not exceed the reasonable cost of providing the copy.

4

Subject to paragraphs 7 and 8, where the licence relates to explosives which are relevant explosives, whether or not it also relates to other explosives, the licensing authority must —

(a) ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, by a person who resides or, in the case of an undertaking, is situated within a public consultation zone concerned in relation to the licence; and

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

5

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

6

The licensee in relation to any site in which explosives are manufactured or stored, must, where requested in writing to do so by the owner or, if not the same person, the occupier, of any premises falling within any separation distance applying in relation to that site, provide to the requesting person within 28 days of the request a scale plan of the area of land falling within that separation distance.

7

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

(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

8

The requirements of paragraphs 3 and 4 do not apply where the information referred to in paragraph 2 is in respect of a licensed site in relation to which regulation 13 did not apply to the licence application for that site by virtue of regulation 13(4)(e), (f) or (g).

9

Where the licensing authority is a local authority or the ONR, that licensing authority must notify the Executive in writing, within 28 days of receipt of a written request by the Executive to do so, as to such information as is contained in the register it maintains relating to the information referred to in paragraph 2 as the Executive may require.

10

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

(a) a fire and rescue service;

(b) a joint planning board;

(d) a police force;

for the purposes of the exercise of their respective functions.

11

For the purposes of paragraph 10, “local planning authority” and “joint planning board” have the meanings they are given in, respectively, sections 1 and 2 of the Town and Country Planning Act 1990 .

SCHEDULE 5 — SEPARATION DISTANCES

1

(1) In this Schedule—

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

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

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

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

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

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

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

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

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

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

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

“mounded” means surrounded by suitable mounds;

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

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

“protected place of Class A” means a—bridleway;footpath;footway;lightly used road; orwaterway;

“protected place of Class B” means a—dock;jetty;minor road;pier;railway line;reservoir;river wall;runway for the use of aircraft; orsea wall;

“protected place of Class C” means a —major road; orplace of public resort;

“protected place of Class D” means—a building, whether a dwelling or not, but not including a vulnerable building;a place, other than a building to which paragraph (a) applies, that is used for the storage in bulk of dangerous goods other than goods which are explosives; ora place, not within the site where the explosives are stored and other than a building to which paragraph (a) applies, that is used for—the storage of explosives; orthe manufacture or processing of explosives;

“protected place of Class E” means a vulnerable building;

“protected place of Class F” means a building within the site where the explosives are stored, other than—a building that is occupied by a person other than the licensee;a building that is a vulnerable building;a building that is normally occupied by more than 20 people; ora building that is used for the storage in bulk of dangerous goods other than goods which are explosives;

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

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

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

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

“vulnerable building” means a building or structure of vulnerable construction, that is to say—a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling with individual glazed or frangible panels larger than 1.5 m² and extending over more than 50% or 120 m² of the surface of any elevation;a building of more than three storeys above ground or 12 m in height with solid walls and individual glass panes or frangible panels larger than 1.5 m² and extending over at least 50% of any elevation;a building of more than 400 m² plan area with continuous or individual glazing panes larger than 1.5 m² extending over at least 50% or 120 m² of the plan area; orany other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such as progressive collapse.

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

(a) in which the store is situated; and

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

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

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

(a) a quantity in a store; or

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

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

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

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

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

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

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

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

2

Where the storage is—

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

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

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

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

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

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

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

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

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

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

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

3

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

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

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

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

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

4

(1) Paragraph 5 is subject to paragraph 6.

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

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

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

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

5

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

6

Where—

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

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

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

7

The distance between a store and any protected place of Class G is either—

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

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

8

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

SCHEDULE 6 — UNIQUE IDENTIFICATION FOR CIVIL EXPLOSIVES

1

Subject to paragraph 2, the unique identification must comprise—

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

(i) the name of the manufacturer;

(ii) an alphanumeric code containing—

(aa) two letters identifying Great Britain, Northern Ireland or the EEA state (place of production or import);

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

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

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

2

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

SCHEDULE 7 — MARKING OR AFFIXING THE UNIQUE IDENTIFICATION TO CIVIL EXPLOSIVES

Cartridged explosives and explosives in sacks

1

For a cartridged explosive and any explosive in sacks—

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

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

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

Packaged two-component explosives

2

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

Plain detonators

3

For plain detonators—

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

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

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

Electric, non-electric and electronic detonators

4

For electric, non-electric and electronic detonators—

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

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

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

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

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

Primers and boosters

5

For primers and boosters—

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

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

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

Detonating cords

6

For detonating cords—

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

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

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

Cans, boxes and drums containing explosives

7

For cans, boxes and drums containing any explosive—

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

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

Civil explosives not referred to in paragraphs 1 to 7

8

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

General

9

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

Small explosive articles

10

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

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

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

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

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

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

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

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

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

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

SCHEDULE 8 — MEANING OF “PLASTIC EXPLOSIVE” AND “DETECTION AGENT”

PART 1 — PLASTIC EXPLOSIVE

1

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

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

(b) formulated with a binder material; and

2

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

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

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

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

3

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

PART 2 — DETECTION AGENTS

(1) Name of detection agent	(2) Minimum concentration
Ethylene glycol dinitrate (EGDN) 2,3-Dimethyl-2,3-dinitrobutane (DMNB) para-Mononitrotoluene (p-MNT)	0.2% by mass 1.0% by mass 0.5% by mass

SCHEDULE 9 — ESSENTIAL SAFETY REQUIREMENTS

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

PART 1 — GENERAL REQUIREMENTS

1

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

2

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

3

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

PART 2 — SPECIAL REQUIREMENTS

4

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

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

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

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

(e) The chemical purity of the civil explosive.

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

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

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

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

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

(k) Suitable instructions and, where necessary, markings in respect of safe handling, storage, use and disposal....

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

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

5

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

(a) Blasting Explosives

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Propellants and rocket propellants

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

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

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

SCHEDULE 10 — CONFORMITY MARKING

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

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

SCHEDULE 11 — ENFORCEMENT WITHIN GREAT BRITAIN

PART 1 — INTRODUCTORY

1

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

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

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

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

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

PART 2 — ENFORCEMENT OF PROVISIONS

Enforcement in respect of the manufacture and storage of explosives

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

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

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

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

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

(2) In this paragraph—

(a) “deemed licence” means—

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

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

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

(b) “manufacture and storage provisions” means—

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

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

3

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

4

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

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

(b) otherwise, the Executive.

Enforcement in respect of discarding, disposal and decontamination

5

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

6

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

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

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

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

(ii) otherwise, the Executive.

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

Enforcement in respect of import of chlorate mixtures

7

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

Enforcement in respect of acquisition and supply of fireworks

8

The enforcing authority for regulation 9 is—

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

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

Enforcement in respect of explosives certificates and access to relevant explosives

9

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

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

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

(b) otherwise, the Executive.

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

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

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

Enforcement in respect of identification and traceability

10

The enforcing authority for regulation 33—

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

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

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

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

(a) are established in Great Britain; and

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

Enforcement in respect of record keeping

12

(1) The enforcing authority for regulation 35 is—

(a) the Executive—

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

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

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

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

(b) the ONR—

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

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

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

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

13

The enforcing authority for regulation 36—

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

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

Enforcement in respect of unmarked plastic explosives

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

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

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

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(1) The Executive is the enforcing authority for regulation 8, Part 13 and paragraph 18 of Schedule 12.

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

SCHEDULE12 — ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES, MARKET SURVEILLANCE, COMPLIANCE, WITHDRAWAL AND RECALL NOTICES, DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

1

This Part applies in relation to—

(a) the enforcement of regulation 8 by the Executive or the ONR; and

(b) the enforcement of Part 13, and market surveillance in relation to that Part by the Executive.

2

In Great Britain, the Executive is designated as the market surveillance authority for the purposes of these Regulations and RAMS in respect of civil explosives.

3

In its enforcement of Part 13, the Executive must enforce RAMS in respect of its application to civil explosives.

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