The Explosives Regulations 2014

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

4

When enforcing Part 13, the enforcing authority must exercise its powers in a manner which is consistent with—

• (a) paragraph 8 (evaluation of civil explosives presenting a risk);

• (b) paragraph 9 (enforcement action in respect of civil explosives which are not in conformity and which present a risk);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) paragraph 11 (enforcement action in respect of civil explosives which are in conformity, but present a risk);

• (e) paragraph 12 (enforcement action in respect of formal non-compliance); and

• (f) paragraph 13 (restrictive measures).

5

Subject to paragraph 7, and to the extent that they would not otherwise do so in the case of regulation 8, the provisions of the 1974 Act referred to in paragraph 6 apply to regulation 8 and Part 13 for the purposes of their enforcement as if that regulation and that Part were health and safety regulations for the purposes of that Act.

Explosives which may compromise safety when used for their intended purpose

6

In relation to the enforcement of the provisions referred to in paragraph 1—

• (a) sections 19 to 28, 33 to 35, 38, 39, 41 42 and 46 of, and Schedule 3A to, the 1974 Act apply as provided in paragraph 7; and

• (b) sections 36(1) and (2) and 37 of the 1974 Act apply in relation to offences under section 33 of the 1974 Act as applied by paragraph (a) and the modifications specified in paragraph 7.

Supplementary provisions

7

• (1) For the purposes of the enforcement of the provisions referred to in paragraph 1, and in respect of any related proceedings for a contravention of any of those provisions, the provisions of the 1974 Act mentioned in paragraph 6 apply as if—

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

• (i) those provisions as modified by this paragraph; and

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

• (b) references to “risk” were references to “risk” within the meaning of regulation 2(12);

• (c) in section 19—

• (i) in subsection (1)—

• (aa) “Every enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

• (ab) “within its field of responsibility” were omitted;

• (ii) in subsection (2), paragraph (b) were omitted; and

• (iii) in subsection (3)—

• (aa) “the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

• (ab) “which appointed him” were omitted;

• (d) in section 20—

• (i) in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

• (ii) in subsection 2(c)(i), “his (the inspector’s) enforcing authority” were a reference to the Executive or the ONR, as the case may be;

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

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

• (v) subsection (3) were omitted;

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

• (vii) in subsection (6), the reference to subsection (2)(i) included a reference to subsection (2)(i) as modified by this paragraph;

• (e) in section 21—

• (i) before paragraph (a), there were inserted—

(za) is making available on the market a civil explosive which presents a risk;

• (ii) after “specifying the”, there was inserted “risk, or”; and

• (iii) after “requiring that person to”, there were inserted “address the risk or”;

• (f) in section 22, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in subsection (2), it permitted an inspector to serve a prohibition notice on a person if, as regards any activities to which the section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of that person, the activities involve or, as the case may be, will involve a risk or a contravention of any of the relevant statutory provisions (as referred to in this paragraph);

• (g) in section 23, subsections (3), (4) and (6) were omitted;

• (h) in section 25A, in subsection (1)—

• (aa) “an enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

• (ab) before “inspector” where it first appears, there were inserted “an”;

• (i) in section 26—

• (aa) “the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

• (ab) “which appointed him” were omitted;

• (j) in section 27, in subsection (1)—

• (i) paragraph (b) were omitted; and

• (ii) “or, as the case may be, to the enforcing authority in question” were omitted;

• (k) in section 27A, in subsection (2)—

• (i) for “an enforcing authority” there were substituted “the Executive”; and

• (ii) the words from “, other than the Office for Nuclear Regulation” to the end were omitted;

• (l) in section 28—

• (i) in subsection (1)(a)—

• (aa) “, other than the Office for Nuclear Regulation (or an inspector appointed by it),” were omitted; and

• (bb) “, by virtue of section 43A(6) below” were omitted;

• (ii) in subsection (3)(a), “or any enforcing authority” were omitted;

• (iii) in subsection (4)—

• (aa) “or an enforcing authority” were omitted; and

• (bb) “, (including in the case of an enforcing authority, any inspector appointed by it)” were omitted;

• (iv) in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted;

• (v) in subsection (7)—

• (aa) “14(4)(a) or” were omitted; and

• (bb) for paragraph (b), there were substituted—

(b) for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;

; and

• (vi) subsection (9B) were omitted;

• (m) in section 33—

• (i) in subsection (1), paragraphs (a), (b) and (d) were omitted; and

• (ii) subsection (2) has effect subject to a subsection (2A) as follows—

(2) The maximum penalty for an offence under this section involving a contravention of Part 13 of the Explosives Regulations 2014 (S.I. 2014/1638) is— (a) on summary conviction— (i) in England and Wales, imprisonment for a term not exceeding three months or a fine, or both; (ii) in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and (b) on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.

• (iii) subsection (3) were omitted;

• (n) in section 34—

• (i) in subsection (1)—

• (aa) paragraphs (a) and (b) were omitted;

• (bb) for the words from “and it appears” to the end, there were substituted—

and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry.

; and

• (ii) in subsection (3)—

• (aa) the reference to six months were a reference to twelve months; and

• (ab) “a responsible enforcing authority”, “an enforcing authority” and “the enforcing authority” were each, respectively, a reference to the Executive or the ONR, as the case may be;

• (iii) in subsection (4)—

• (aa) the reference to “the designer, manufacturer, importer or supplier of any thing” were a reference to an economic operator within the meaning of regulation 2(1); and

• (bb) “and in that subsection” to the end were omitted; and

• (iv) subsection (6) were omitted;

• (o) in section 35, “any enforcing authority” were a reference to the Executive or the ONR, as the case may be;

• (p) in section 39—

• (aa) “the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and

• (ab) “which appointed him” were omitted; and

• (q) in section 42, the reference in subsection (3A) to “an explosive article or substance” were a reference to a civil explosive article or substance within the meaning of regulation 33(8).”.

• (2) The provisions of the 1974 Act referred to in paragraph 6, except sections 19 and 20, do not apply in relation to the performance of the functions of the Secretary of State under Sub-Part C of Part 13 or the functions under that Part of a notified body which is a public body performing its functions on behalf of the Crown.

8

Where the Executive has sufficient reason to believe that a civil explosive presents a risk, the Executive must carry out an evaluation in relation to the civil explosive covering the relevant requirements of Part 13 applying in respect of that civil explosive.

9

• (1) Where, in the course of the evaluation referred to in paragraph 8, the Executive finds that the civil explosive is not in conformity with Part 13, it must, without delay, require a relevant economic operator to—

• (a) take appropriate corrective actions to bring the civil explosive into conformity with those requirements within a prescribed period;

• (b) withdraw the civil explosive within a prescribed period; or

• (c) recall the civil explosive within a prescribed period.

• (2) The Executive must inform the approved body which carried out the conformity assessment procedure in respect of the civil explosive of—

• (a) the respect in which the civil explosive is not in conformity with Part 13; and

• (b) the actions which the Executive is requiring the relevant economic operator to take.

• (3) Where the Executive considers that the lack of conformity referred to in sub-paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

• (a) the results of the evaluation; and

• (b) the actions which it has required the economic operator to take.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the Executive must take appropriate measures to—

• (a) prohibit or restrict the civil explosive being made available on the market in the United Kingdom;

• (b) withdraw the civil explosive from the United Kingdom market; or

• (c) recall the civil explosive.

• (6) Where the Executive takes measures under sub-paragraph (5), it must notify the Secretary of State of those measures without delay.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The notice in sub-paragraph (6) must include details about the civil explosive and, in particular—

• (a) the data necessary for the identification of the civil explosive which is not in conformity with Part 13;

• (b) the origin of the civil explosive;

• (c) the nature of the lack of conformity alleged and the risk involved;

• (d) the nature and duration of the measures taken;

• (e) the arguments put forward by the relevant economic operator; and

• (f) whether the lack of conformity is due to either of the following—

• (i) failure of the civil explosive to meet requirements relating to a risk;

• (ii) shortcomings in the designated standards referred to in regulation 65 (presumption of conformity) conferring a presumption of conformity.

• (9) In this paragraph, “prescribed period” means a period which is—

• (a) prescribed by the Executive; and

• (b) reasonable and commensurate with the nature of the risk presented by the civil explosive.

• (10) For the purposes of sub-paragraph (5), “take appropriate measures” includes the Executive making arrangements with the relevant authority for Northern Ireland as to measures referred to in that sub-paragraph being taken there by that authority.

SCHEDULE 13 — AMENDMENTS

PART 1 — AMENDMENTS TO PRIMARY LEGISLATION

Explosives Act 1875

1

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

• (2) Omit sections 23 and 61.

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

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

• (b) in subsection (1)—

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

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

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

London Building Act 1930

2

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

Fireworks Act 1951

3

The Fireworks Act 1951 is repealed.

Customs and Excise Management Act 1979

4

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

Isle of Man Act 1979

5

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

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

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

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

Environmental Protection Act 1990

6

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

Fireworks Act 2003

7

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

Energy Act 2013

8

• (1) The Energy Act 2013 is amended as follows.

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

PART 2 — AMENDMENTS TO SECONDARY LEGISLATION

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

9

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

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

10

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

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

11

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

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

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

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

(13) Proceedings in respect of— (a) an application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the Explosives Regulations 2014 (“the 2014 Regulations”) as to the fitness of the applicant to acquire or acquire and keep explosives, including consideration as to whether to refuse the application on any of the grounds specified in regulation 19 of the 2014 Regulations; (b) the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations; (c) an appeal or application pursuant to regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.

The Isles of Scilly (Functions) Order 1979

12

In article 3(e) of the Isles of Scilly (Functions) Order 1979 —

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

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

The Dangerous Substances in Harbour Areas Regulations 1987

13

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

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

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

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

• (ii) for paragraph (ii), substitute—

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

The Planning (Hazardous Substances) Regulations 1992

14

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(1) cellulose nitrate— (a) for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of— (i) paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or (ii) paragraph 1(d) of Schedule 1 to those Regulations; or (b) for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In Part B as it applies in Wales—

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

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those— 1. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of — 1. paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 2. paragraph 1(d) of Schedule 1 to those Regulations; or 2. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 3. licensed under the Dangerous Substances in Harbour Areas Regulations 1987

; and

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

EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those — 1. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of— 1. paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 2. paragraph 1(d) of Schedule 1 to those Regulations; or 2. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 3. licensed under the Dangerous Substances in Harbour Areas Regulations 1987

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

15

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

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

16

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

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

(1) cellulose nitrate— (a) for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of — (i) paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or (ii) paragraph 1(d) of Schedule 1 to those Regulations; or (b) for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

; and

• (b) in Part B—

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

EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those — 1. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of — 1. paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 2. paragraph 1(d) of Schedule 1 to those Regulations; or 2. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 3. licensed under the Dangerous Substances in Harbour Areas Regulations 1987

; and

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

EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those— 1. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of— 1. paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 2. paragraph 1(d) of Schedule 1 to those Regulations; or 2. for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or 3. licensed under the Dangerous Substances in Harbour Areas Regulations 1987

The Health and Safety (Enforcing Authority) Regulations 1998

17

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

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

18

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

The Quarries Regulations 1999

19

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

Building (Scotland) Regulations 2004

20

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

(1) (1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where the whole building is used for that manufacture or storage. (2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014, that part of the building where the licence specifies that that manufacture or storage may take place. (3) Except— sub-paragraphs (1) and (2) do not include any building or, as the case may be, any part of a building as is referred to in, respectively, sub-paragraph (1) or (2) in relation to which— (a) no minimum separation distance is required to be maintained by virtue of regulation 27(2)(a) or (3) of the Explosives Regulations 2014; or (b) a minimum separation distance of 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, the Explosives Regulations 2014 and the requirement for the assent of the local authority under regulation 13(3) of those Regulations did not apply by virtue of regulation 13(4)(a) of those Regulations.

The REACH Enforcement Regulations 2008

21

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

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

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009

22

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

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

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

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

23

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

(c) “a safe and secure place” means a safe and secure place— (i) within a site in relation to which a person is licensed to manufacture or store explosives under regulation 13 of the Explosives Regulations 2014; or (ii) at which the manufacture or storage of explosives may lawfully take place by virtue of a certificate of exemption granted under those Regulations.

The Building Regulations 2010

24

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

(1) (1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where— (a) the whole building is used for that manufacture or storage, and either (b) a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or (c) a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations. (2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and — (a) a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or (b) a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations, that part of the building where the licence specifies that that manufacture or storage may take place.

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

25

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

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

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

The Health and Safety (Fees) Regulations 2012

26

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

27

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

28

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

• (a) for paragraph (1), substitute—

(1) Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of— (a) paragraph 1(c) or (d) of Schedule 1 to the 2014 Regulations, or (b) paragraphs 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations, the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.

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

• (c) for paragraph (3), substitute—

(3) Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of— (a) paragraph 1(a) of Schedule 1 to the 2014 Regulations, or (b) paragraphs 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations, the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.

• (d) in paragraph (11)—

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

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

• (e) in paragraph (13)—

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

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

“the 2014 Regulations” means the Explosives Regulations 2014;

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

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

29

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

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

*1*	*2*	*3*	*4*
Provision under which a licence is granted	Purpose of application	Fee	Fee for work by Specialist Inspector
The 2014 Regulations
Regulation 13, as extended by regulation 2(2) of those Regulations to the manufacture and storage of ammonium nitrate blasting intermediate	Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing	£631	£127 per hour worked
	Licence to manufacture or store only ammonium nitrate blasting intermediate	£156 per hour worked
	Licence to manufacture explosives by means of on-site mixing	£234	£127 per hour worked
	Licence to store explosives:	£631	£127 per hour worked
	Renewal of any of the above licences	£83	£127 per hour worked
Regulation 16	Varying a licence to manufacture or store explosives, not being ammonium nitrate blasting intermediate:	£432	£127 per hour worked
	Varying a licence to manufacture or store ammonium nitrate blasting intermediate	£156 per hour worked
Regulation 17	Transfer of any of the above licences	£52
	Replacement of any licences referred to in this Part if lost	£52

• (b) for Part 2 substitute—

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

Note: The fee payable for a licence or renewal of a licence— (a) of less than one year's duration is, respectively, the fee set out above for a licence, or renewal of a licence of one year's duration decreased proportionately according to the duration of the period for which the licence renewal is granted; (b) of more than one but less than two years' duration is, respectively, the fee set out above for a licence, or a renewal of a licence of one year's duration increased proportionately according to the duration of the period for which the licence or renewal is granted; (c) of more than two but less than three years' duration is, respectively, the fee set out above for a licence or renewal of a licence of two years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted; (d) of more than three but less than four years' duration is, respectively, the fee set above for a licence or renewal of a licence of three years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted; (e) of more than four but less than five years' duration is, respectively, the fee set out above for a licence or renewal of a licence of four years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted.

; and

• (c) for Part 8 substitute—

1	2	**3****
Provisions under which a fee is payable	Purpose of application	Fee
The 2014 Regulations
Regulation 11(see Note)	(a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (c), (g) or (i), at a site in relation to which a person holds a licence to store explosives and, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations no minimum separation distance is prescribed or a 0 metres minimum separation distance is prescribed:
	(i) one year's duration	£125
	(ii) two years' duration	£156
	(iii) three years' duration	£188
	(iv) four years' duration	£219
	(v) five years' duration	£251
	(b) Renewal of the explosives certificate referred to in (a):
	(i) one year's duration	£110
	(ii) two years' duration	£130
	(iii) three years' duration	£151
	(iv) four years' duration	£173
	(v) five years' duration	£193
	(c) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (a), (g) or (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives:
	(i) one year's duration	£136
	(ii) two years' duration	£166
	(iii) three years' duration	£198
	(iv) four years' duration	£229
	(v) five years' duration	£261
	(d) Renewal of the explosives certificate referred to in (c):
	(i) one year's duration	£130
	(ii) two years' duration	£156
	(iii) three years' duration	£183
	(iv) four years' duration	£209
	(v) five years' duration	£234
	(e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives:
	(i) one year's duration	£183
	(ii) two years' duration	£219
	(iii) three years' duration	£256
	(iv) four years' duration	£292
	(v) five years' duration	£329
	(f) Renewal of the explosives certificate referred to in (e):
	(i) one year's duration	£161
	(ii) two years' duration	£193
	(iii) three years' duration	£224
	(iv) four years' duration	£256
	(v) five years' duration	£287
	(g) Explosives certificate for acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time	£24
	(h) Renewal of the explosives certificate referred to in (g) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time	£15
	(i) Explosives certificate for the acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence and a relevant certificate, where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£44
	(j) Renewal of the explosives certificate referred to in (i) where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£18
	(k) Explosives certificate for acquiring more than 15 kilograms of explosives, not including an application for an explosives certificate referred to in entries (m) or (o):
	(i) one year's duration	£125
	(ii) two years duration	£156
	(iii) three years duration	£188
	(iv) four years duration	£219
	(v) five years duration	£251
	(l) Renewal of the explosive certificate referred to in (k):
	(i) one year's duration	£110
	(ii) two years duration	£130
	(iii) three years duration	£151
	(iv) four years duration	£173
	(v) five years duration	£193
	(m) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time	£24
	(n) Renewal of the explosives certificate referred to in (m) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time	£15
	(o) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant holds a relevant certificate and no relevant application under the 1968 Act is to be determined at the same time	£44
	(p) Renewal of the explosives certificate referred to in (o) where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£18
	(q) Replacement of any explosives certificate referred to in (a) to (f) and (k) and (l) if lost	£35
	(r) Replacement of any explosives certificate referred to in (g) to (j) and (m) to (p) if lost	£10
The fee for a check carried out for the purposes of regulation 19(2)(d) of the 2014 Regulations is £5
---	---

Note: The fee payable for an explosives certificate or renewal of an explosives certificate (“renewal”)— (a) of less than one year's duration is, respectively, the fee set out above for a certificate, or renewal of an explosives certificate of one year's duration decreased proportionately according to the duration of the period for which the explosives certificate or renewal is granted; (b) of more than one but less than two years' duration is, respectively, the fee set out above for an explosives certificate, or a renewal of an explosives certificate of one year's duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted; (c) of more than two but less than three years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of two years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted; (d) of more than three but less than four years' duration is, respectively, the fee set above for an explosives certificate or renewal of an explosives certificate of three years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted; (e) of more than four but less than five years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of four years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted.

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

30

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

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

(10) Proceedings under the Explosives Regulations 2014 (“the 2014 Regulations”) in respect of— (a) the application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the 2014 Regulations certifying a person to be a fit and proper person to acquire or acquire and keep explosives; (b) the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations; (c) an appeal or application to the Sheriff under regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.

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

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

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

31

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

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

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

SCHEDULE 14 — REPEALS AND REVOCATIONS

PART 1 — REPEALS

1.Title	2.Reference	3.Extent of repeal
Explosives Act 1875.	c. 17 (38 & 39 Vict).	Sections 23 and 61; in section 74, in the opening words, “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”; in subsection (1), “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; after subsection (6), the words from “In this section” to the end of the section.
Fireworks Act 1951*.	c. 58.	The whole Act.
Energy Act 2013*	c.32	In Schedule 12, paragraphs 50 to 52.

PART 2 — REVOCATIONS

1. Title	2. Reference	3. Extent of revocation
Order of Secretary of State (No 11), dated September 20, 1924, making Byelaws as to the Conveyance of Explosives on Roads, and in certain special cases.	S.R. & O. 1924/1129.	The whole instrument.
Order in Council (No 26) Relating to Picric Acid, Picrates and Mixtures of Picric Acid with other Substances.	S. R. & O. 1926/823.	The whole instrument.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974.	S.I. 1974/1885.	Regulation 2(a) and Schedule 1, except to the extent that they relate to sections 73, 75 and 89 of the Explosives Act 1875 as amended by S.I. 1974/2166; regulations 3 to 7, paragraphs 1 to 4 and 6 to 21 of Schedule 2, and Schedule 3.
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) (Amendment) Regulations 1974.	S.I. 1974/2166.	The whole instrument.
The Control of Explosives Regulations 1991.	S.I. 1991/1531.	The whole instrument.
The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993.	S.I. 1993/2714.	The whole instrument.
The Marking of Plastic Explosives for Detection Regulations 1996	S.I. 1996/890	The whole instrument
The Health and Safety (Enforcing Authority) Regulations 1998	S.I. 1998/494.	In regulation 4, paragraphs (7) to (12).
The Manufacture and Storage of Explosives Regulations 2005.	S.I. 2005/1082.	The whole instrument.
The Manufacture and Storage of Explosives and the Health and Safety (Enforcing Authority) (Amendment and Supplementary Provisions) Regulations 2007.	S.I. 2007/2598.	The whole instrument.
The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009.	S.I. 2009/693.	In regulation 2, paragraphs (a) and (b); paragraphs 1, 2 and 4 of Schedule 1.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011.	S.I. 2011/1885.	In regulation 17(2), sub-paragraphs (c), (d) and (e); paragraphs 3, 4 and 5 of the Schedule.
The Identification and Traceability of Explosives Regulations 2013.	S.I. 2013/449.	The whole instrument.
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014.	S.I. 2014/469	In Schedule 2, paragraph 1. In Schedule 3, paragraphs 46 to 51, 53 to 55, 110 to 122 and 146.

Signed

Signed by authority for the Secretary of State for Work and Pensions

Mike Penning — Minister of State — 2014-06-23

Explanatory note

(This note is not part of the Regulations)

1These Regulations consolidate the Control of Explosives Regulations 1991 (S.I. 1991/1531) (“the 1991 Regulations”), the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714), the Marking of Plastic Explosives for Detection Regulations 1996 (S.I. 1996/890), the Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082) (“the 2005 Regulations”) and the Identification and Traceability of Explosives Regulations 2013 (S.I. 2013/449), all of which are revoked.

2The Regulations implement as regards Great Britain, Council Directive 93/15/EEC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses (OJ No. L121, 15.5.93, p.20) as amended by Regulation (EC) No. 1882/2003 of the European Parliament and the Council (OJ No. L 284, 31.10.2003, p.1), Regulation (EC) No. 219/2009 of the European Parliament and of the Council (OJ No. L 87, 31.3.2009, p.109) and Regulation (EU) No. 1025/2012 of the European Parliament and of the Council (OJ No. L 316, 14.11. 2012, p. 12). Regulations 8 and 39 to 42, 43 and 44 in part, and 45 are for implementing these European provisions.

3The Regulations implement, as regards Great Britain, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC, a system for the identification and traceability of explosives for civil uses (OJ No. L 94, 5.4.2008, p.8) (“the 2008 Directive”) as amended by Commission Directive 2012/4/EU (OJ No. L 50, 23.2.12, p.18). Regulations 33, 34, 36 and 43 and 44 in part, are for implementing these European provisions.

4The Regulations implement in part the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1st March 1991 (regulation 38). The Technical Annex to the Convention has been amended twice, firstly in 2002 (with effect from 27th March 2002) and secondly in 2005 (with effect from 19th December 2005). These Regulations incorporate those amendments.

5The provisions in regulation 38 and Schedule 8 that implement the Montreal Convention were notified in draft to the European Commission under the provisions of the Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations .

6Besides making minor and drafting changes, these Regulations make a number of other changes in the consolidation. The main changes are as follows:aregistration in respect of the storage of small amounts of certain explosives is no longer possible and such storage will now come within the licensing regime for the storage of explosives;bthe storage of ammonium nitrate blasting intermediate (“ANBI” ) now requires to be licensed;ca chief officer of police will also be the licensing authority for the storage of smaller amounts of certain explosives by a person who is a registered firearms dealer under section 33 of the Firearms Act 1968 (Schedule 1);dmore tables are added than under the 2005 Regulations for providing a greater number of separation distances in respect of the storage of explosives (regulation 27 and Schedule 5);elicences for the storage of explosives granted by local authorities can now be for up to 5 years instead of two (regulation 13(1)(a));fthe record keeping requirements under the 1991 Regulations have, in regulation 35, been aligned more to those applying relation to civil explosives under EU law in regulation 36; andgin line with the two sets of amendments to the Montreal Convention on the Marking of Plastic Explosives for the Purpose of Detection, which are referred to in paragraph 4, firstly, ortho-mononitrotoluene (o-MNT) is no longer listed as a detection agent for the purpose of marking plastic explosive and, secondly, the minimum concentration of the detection agent 2,3-Dimethyl-2,3-dinitrobutane (DMNB) is increased to 1.0% by mass; the levels of concentration required for detection agent apply at the time of the manufacture of the plastic explosive (regulation 38 and Schedule 8).

7The definition of “explosive” and related terms, such as “relevant explosive”, are included in regulation 2(1). The document called the “United Nations Recommendations” referred to in the definition of “explosive”, and the Manual of Tests and Criteria, fifth revised edition, which supports those Recommendations, can be downloaded free from the website of the United Nations at www.unece.org/trans/danger/publi/dg_publications.html.

8“Licensing authority” is defined in Schedule 1. It means a local authority or chief officer of police for applications for the storage within a site of no more than 2000 kilograms of explosives within paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1). The Office for Nuclear Regulation, which was established on 1st April 2014, is a licensing authority for applications to manufacture or store explosives on an “ONR regulated site” (defined in regulation 2(1)). The Health and Safety Executive is the licensing authority where explosives are to be stored on the surface of a mine or within a harbour; it is the licensing authority in relation to the manufacture of explosives and the manufacture and storage of ANBI and in other cases.

9As under the 1991 Regulations, there is provision made (in regulation 32) for restrictions on the employment of a “prohibited person” where the employee would handle or have control of a “relevant explosive” or any “restricted substance”. These terms are defined in regulation 2(1), with an updated definition of “prohibited person”.

10These Regulations make provision in regulations 4 to 9 (Part 2) for a number of authorisations in relation to explosives: they provide for a licensing regime in relation to the manufacture and storage of explosives; an explosives certificate is required for acquiring or acquiring and keeping certain explosives; and, a recipient competent authority document is required for transfers of civil explosives. The Regulations provide for disapplications in respect of certain of its provisions (regulation 3). Part 3 provides for defences in relation to regulations 5 to 7 in Part 2. Part 4 concerns applications for and grant of authorisations. Part 5 makes provision for the variation and transfer of authorisations to manufacture or store explosives and for the case of death, bankruptcy or incapacity of a licensed person. Part 6 makes provision as to refusals of authorisations and Part 7 makes provision for revocations of authorisations and appeals against certain decisions. Part 8 makes provision for when a licensed site ceases to be, or becomes, a site regulated by the Office for Nuclear Regulation and determines who is to be regarded as having granted the licence.

11Parts 9 and 10 contain provisions on, respectively, the safety and security of explosives. Part 11 includes requirements as to the marking of civil explosives with a unique identification, record keeping and reporting losses of explosives. Part 12 provides for prohibitions on the manufacture, possession, transfer and importation of unmarked plastic explosives.

12Part 13 of the Regulations contains prohibitions on the placing of any explosives on the market unless they satisfy essential safety requirements, have been subject to conformity attestation procedure and have had the CE marking affixed to them (regulations 39 to 42).

13Part 14 provides for enforcement. Enforcement responsibility for provisions of the Regulations is set out in Schedule 11. Powers for the enforcement of the provisions in connection with the transfer, and the placing on the market, of civil explosives are set out in Schedule 12.

14Consequential amendments to existing primary and secondary legislation are made by regulation 48(1) and Schedule 13. Consequential repeals and revocations of legislation are made by regulation 48(2) and (3) and Schedule 14.

15Regulation 49 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within 5 years after 1st October 2014 and within every 5 years after that. Following a review it will fall to the Secretary of State to consider whether these Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

16A full impact assessment of the effect that these Regulations would have on the costs of business and the voluntary sector is published with the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. The Transposition Notes in relation to the implementation of (a) Council Directive 93/15/EEC, as amended by Regulation (EC) No. 1882/2003, Regulation (EC) No. 219/2009 and Regulation (EU) No. 1025/2012 and (b) Commission Directive 2008/43/EC, as amended by Commission Directive 2012/4/EU, are published with the Explanatory Memorandum and available on that website. Copies of these documents are available in the libraries of both Houses of Parliament.

Footnotes

[^f00001]: S.I. 1993/2661, to which there are amendments not relevant to these Regulations.

[^f00002]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

[^f00003]: 1974 c. 37; section 15 was amended by Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 6, the Criminal Law Act 1977 (c. 45), Schedule 12, the Offshore Safety Act 1992 (c. 15), section 4, the Health and Safety (Offences) Act 2008 (c. 20), Schedules 3 and 4, the Energy Act 2013 (c. 32), Schedule 12, paragraph 5, S.I. 2002/794 and S.I. 2008/960. There are other amendments to section 15 not relevant to these Regulations. Section 18(2) was amended by the Energy Act 2013, Schedule 12, paragraph 6. Section 43(6) was substituted by the Employment Protection Act 1975, Schedule 15, paragraph 12 and amended by S.I. 2002/794. Paragraph 2 of Schedule 3 was amended by the Customs and Excise Management Act 1979 (c. 2), Schedule 4, paragraph 12.

[^f00004]: Section 11 was substituted by S.I. 2008/960 and amended by the Energy Act 2013 (c.32), Schedule 12, paragraph 2.

[^f00005]: Section 50(3) was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 16(3), the Health and Social Care Act 2012 (c. 7), Schedule 7, paragraphs 4 and 6, the Energy Act 2013 (c. 32), Schedule 12, paragraph 11 and S.I. 2008/960.

[^f00006]: 2013 c. 32.

[^f00007]: S.I. 2005/1082, to which there are amendments not relevant to these Regulations.

[^f00008]: S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^f00009]: 1996 c. 16.

[^f00010]: 2012 asp 8.

[^f00011]: 1968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

[^f00012]: OJ No. L121, 15.5.1993, p.20.

[^f00013]: OJ No. L 284, 31.10.2003, p. 1.

[^f00014]: OJ No. L 87, 31.3.2009 p. 109.

[^f00015]: OJ No. L 316, 14.11.2012, p. 12.

[^f00016]: The Health and Safety Executive is established by section 10(1) of the Health and Safety at Work etc. Act 1974 (c. 37).

[^f00017]: 1968 c.27.

[^f00018]: 2013 c.32.

[^f00019]: OJ No. L 204, 21.7.1998, p.8.

[^f00020]: OJ No. L 217, 5.8.1998, p.18.

[^f00021]: OJ No. L 363, 20.12.2006, p.81.

[^f00022]: OJ No. L 316, 14.11.2012, p.12.

[^f00023]: 1964 c.40.

[^f00024]: S.I. 1999/1736, amended by S.I. 2009/705; there are other amending instruments but none is relevant.

[^f00025]: S.I. 1998/494, relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

[^f00026]: The Office for Nuclear Regulation is established by section 77 of the Energy Act 2013 (c.32).

[^f00027]: The British Transport Police Force was established by section 20 of the Railways and Transport Safety Act 2003 (c. 20) as of 1st July 2004, replacing the British Transport Police Force which comprised constables appointed under section 53 of the British Transport Commission Act 1949 (12 & 13 Geo c.xxix).

[^f00028]: 2004 c.20.

[^f00029]: 1883 c. 3.

[^f00030]: 1974 c. 53; section 5(1) was amended by the Armed Forces Act 1976 (c. 52), Schedule 9, paragraph 20(4), the Criminal Justice (Scotland) Act 1980 (c. 82), section 83(2) and Schedule 7, paragraph 24, the Criminal Justice Act 1982 (c. 48), sections 77 and 78 and, respectively, Schedule 14, paragraph 36(a) and (b) and Schedule 16, the Criminal Justice Act 1988 (c. 33), Schedule 8, paragraph 9(a), the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph 48(1) and (2)(a) and (b), the Criminal Justice Act 2003 (c. 44), Schedule 32, Part 1, paragraph 18(1) and (2)(a) and (b), the Armed Forces Act 2006 (c. 52), section 378, Schedule 16, paragraph 65(1) and (2)(a)(i), (ii) and (iii), (2)(b) and (3) and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 139(1) and (2) and Schedule 21, Part 1, paragraph 2. Section 5(1A) was inserted by the Armed Forces Act 1976 (c. 52), Schedule 9, paragraph 20(5) and amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 139(1) and (3).

[^f00031]: 1974 c.53; section 5(2) to (8) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10), section 139.

[^f00032]: 1974 c. 53; section 5(2) to (11) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Part 3, section 139(1) and (4).

[^f00033]: 2006 c. 52.

[^f00034]: S.I. 2009/1922, to which there are amendments not relevant to these Regulations.

[^f00035]: 1968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

[^f00036]: 1968 c. 27; section 1(3)(a) was substituted by the Firearms (Amendment) Act 1988 (c. 45), section 2(2).

[^f00037]: Current edition (1997): ISBN 92-1-139057 5.

[^f00038]: 1952 c.67. “Visiting force” is defined in section 12 of that Act.

[^f00039]: 2006 c.46.

[^f00040]: S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

[^f00041]: S.I. 1987/37, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

[^f00042]: 2011 c. 13.

[^f00043]: 2012 asp 8.

[^f00044]: By virtue of section 84(1) of the Health and Safety at Work etc. Act 1974, Parts I and IV of that Act extend to Northern Ireland “so far as may be necessary to enable regulations under section 15 to be made and operate for the purposes mentioned in paragraph 2 of Schedule 3. That paragraph includes, as a subject matter for such regulations, prohibiting the import into the United Kingdom of articles or substances of any specified description.

[^f00045]: 1875 c.17 (38 & 39 Vict); section 74 was amended by S.I. 1974/1885 and by the Energy Act 2013 (c. 32), Schedule 12, Part 5, paragraphs 50 and 52.

[^f00046]: 1964 c. 5.

[^f00047]: S.I. 1987/37, amended by S.I. 1988/712, 2005/1082 and 2014/469; there are other amending instruments but none is relevant.

[^f00048]: S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

[^f00049]: S.I. 1995/738, amended by S.I. 2002/2175; there are other amending instruments but none is relevant.

[^f00050]: 2011 c.13.

[^f00051]: 2012 asp 8.

[^f00052]: S.I. 2013/240.

[^f00053]: 1968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

[^f00054]: ISBN 978 – 92 – 1 – 139135 – 0.

[^f00055]: S.I. 1999/2024, to which there are amendments not relevant to these Regulations.

[^f00056]: Council Directive 1993/15/EC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

[^f00057]: 1996 c.16; section 2 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 4.

[^f00058]: 2012 asp 8.

[^f00059]: 1990 c.8. Part 1 of the Town and Country Planning Act 1990 has been amended by the Planning and Compensation Act 1991 (c. 34), Schedule 7, paragraph 9, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedule 21, paragraphs 28 and 29, the Local Government (Wales) Act 1994 (c.19), sections 18 and 19 and Schedule 18, the Environment Act 1995 (c.25), section 67 and Schedule 10, paragraph 32, Schedule 22, paragraph 42, and Schedule 24, the Greater London Authority Act 1999 (c.29), Schedule 34, the Public Audit (Wales) Act 2004 (c.23), Schedule 2, paragraph 13, the Greater London Authority Act 2007 (c.24), sections 31, 32 and 35, the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 28, the Housing and Regeneration Act 2008 (c.17), Schedule 8, paragraph 52, and Schedule 16, the Planning Act 2008 (c.29), section 190, the Localism Act 2011 (c.20), Schedule 9, paragraph 3, and Schedule 22, paragraphs 30 to 32, the Growth and Infrastructure Act 2013 (c.27), section 28, Schedule 1, paragraphs 1 and 2, and Schedule 2, paragraph 2. The amendments made by the Greater London Authority Act 1999, the Leasehold Reform, Housing and Urban Development Act 1993 and Schedule 22 to the Localism Act 2011 are not yet in force. Functions of the Secretary of State, so far as exercisable in relation to Wales, have been transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

[^f00060]: S. R. & O. (NI) No. 110, to which there are amendments not relevant to these Regulations.

[^f00061]: 1971 c. 61. The definitions of “controlled waters” and “offshore installation” were substituted, in relation to England, Wales and Scotland, by S.I. 1995/738.

[^f00062]: Commission Directive 2008/43/EC of 4th April 2008 (OJ No. L94, 5.4.2008, p.8) applies in relation to the EEA by virtue of Decision No. 119/2010 of 10th November 2010 of the EEA Joint Committee (OJ No. L 58, 3.3.2011, p.76).

[^f00063]: S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

[^f00064]: Council Directive 93/15/EEC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

[^f00065]: 1999/3242, to which there are amendments not relevant to these Regulations.

[^f00066]: S.I. 1956/1943, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

[^f00067]: S.I. 1959/2258, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

[^f00068]: S.I. 1974/2166.

[^f00069]: S.I. 1974/1855, amended by S.I. 1974/2166; there are other amending instruments but none is relevant.

[^f00070]: S.I. 1991/1531, to which there are amendments not relevant to these Regulations.

[^f00071]: S.I. 1993/2714, to which there are amendments not relevant to these Regulations.

[^f00072]: OJ No. L 121, 15.5.1993, p.20.

[^f00073]: OJ No. L 284, 31.10.2003, p. 1.

[^f00074]: OJ No. L 87, 31.3.2009 p. 109.

[^f00075]: OJ No. L 316, 14.11.2012, p. 12.

[^f00076]: OJ No. L 94, 5.4.2008, p.8.

[^f00077]: OJ No. L 50, 23.2.2012, p.18.