Made | 4th April 2005 | ||
Laid before Parliament | 5th April 2005 | ||
Coming into force in accordance with regulation 1 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application |
4. | Fire and explosion measures |
5. | Separation distances |
6. | Disposal of explosives and decontamination of explosive-contaminated items |
7. | Employment of young persons |
8. | Unauthorised access |
9. | Explosives not to be manufactured without a licence |
10. | Explosives not to be stored without a licence |
11. | Registration in relation to storage |
12. | Applications for licences and registration |
13. | Grant of licences |
14. | Local authority assent |
15. | Refusals of licences, registration and draft licences |
16. | Variation of licences |
17. | Revocation of licences and registration |
18. | Further provisions concerning refusals, variations and revocations |
19. | Appeal against refusal or revocation of registration |
20. | Transfer of licences and registration |
21. | Death, bankruptcy or incapacity |
22. | Registers and retention of documents |
23. | Defences |
24. | Prohibition concerning the manufacture, storage and importation of certain explosives |
25. | Prohibition concerning the acquisition and supply of fireworks |
26. | Power to grant exemptions |
27. | Savings and transitional provisions |
28. | Repeals, revocations and amendments |
SCHEDULE 1 | MEANING OF LICENSING AUTHORITY |
SCHEDULE 2 | SEPARATION DISTANCES |
SCHEDULE 3 | AMOUNT OF PYROTECHNIC ARTICLES WHICH MAY BE KEPT IN SALES AREAS IN RELATION TO REGISTRATION |
SCHEDULE 4 | REGISTERS |
SCHEDULE 5 | AMENDMENTS |
PART 1 | AMENDMENTS TO PRIMARY LEGISLATION |
PART 2 | AMENDMENTS TO SECONDARY LEGISLATION |
SCHEDULE 6 | REPEALS AND REVOCATIONS |
PART 1 | REPEALS |
PART 2 | REVOCATIONS |
to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;
(b) a desensitised explosive,
but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;
but does not include the areas of water which are within the jurisdiction not only of the harbour authority but also of another harbour authority and which are used primarily by ships using berths within the harbour of that other harbour authority;
but it does not include the packing, unpacking, re-packing, labelling or testing of explosives or the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers;
(2) For the purposes of these Regulations, and subject to regulation 3(7), the manufacture or storage of ammonium nitrate blasting intermediate shall be deemed to be the manufacture or storage of an explosive.
(3) For the purposes of measuring of any distance required to be a separation distance by virtue of these Regulations, the distance to be measured shall be the horizontal distance between the outside edge of the store or the building in which the explosives are, or are to be, manufactured and the nearest point of the building or other place which the separation distance applies to.
(4) Any reference in these Regulations to the quantity of an explosive shall be construed as a reference to the net mass of explosive substance and, in the case of any pyrotechnic article, the net mass of the explosive shall, for the purposes of these Regulations, be deemed to be one quarter of the gross mass of the pyrotechnic article or, where the manufacturer, importer or supplier specifies a different net mass amount on the pyrotechnic article, its packaging or a document accompanying the pyrotechnic article, that amount.
(5) For the purposes of these Regulations and subject to paragraph (6), "storage" in relation to explosives means their possession for any period after their manufacture, save for -
(6) Subject to paragraph (7), where, during any transport of any explosive beyond the place where it is stored, that explosive is, or is to be, kept at any place for more than twenty-four hours, that keeping shall be treated as storage within the meaning of these Regulations and the provisions of these Regulations shall apply to that keeping accordingly, notwithstanding any application of the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004[17] to that transporting.
(7) Paragraph (6) shall not apply to explosives in respect of which there is in existence an explosives licence granted under regulation 36(1) of the Dangerous Substances in Harbour Areas Regulations 1987)[18].
(8) The performance of any function given to the chief officer of police under these Regulations may be delegated by him, to such an extent and subject to such conditions as he may specify -
and any such delegation shall be made in writing by that chief officer of police.
(9) For the purposes of these Regulations, save for paragraph 45(3)(f) of Schedule 5, "chief officer of police" -
in relation to an area, means the chief officer of police for that area and includes a member of a police force to whom the performance of any of his functions under these Regulations has been delegated pursuant to paragraph (8).
(10) Any reference in the definitions in this regulation of "desensitised explosive", "explosive substance", "pyrotechnic" or "substance" to liquid, gas, gaseous form or vapour, means, respectively, liquid, gas, gaseous form or vapour at normal atmospheric temperature and pressure.
Application
3.
- (1) Except as provided for in paragraph (8), these Regulations shall apply -
(2) Regulations 4 to 25 shall not apply to -
(d) the transport of explosives by air;
(e) an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995[23];
(f) a mine which is, for the time being, solely used for, or in connection with, the getting of minerals or ensuring the safety of another mine.
(3) Regulations 8 and 10 shall not apply to -
(4) Regulation 10 shall not apply to -
(5) Regulations 5 and 9 to 21 shall not apply to the manufacture or storage of explosives, at any site under the control of the Secretary of State for Defence, or held for the purposes of a visiting force or headquarters, under a scheme approved by him which -
(6) Regulations 5 to 21 and 24 shall not apply to explosives -
(7) In relation to the application of these Regulations to ammonium nitrate blasting intermediate by virtue of regulation 2(2), regulations 10 and 11 shall not apply to the storage of ammonium nitrate blasting intermediate.
(8) To the extent that these Regulations concern the importation of pyrotechnics into the United Kingdom, they shall extend to Northern Ireland[24].
(2) For the purposes of paragraph (1), the reference to the manufacture or storage of explosives shall be deemed to include a reference to any handling, on-site transport and testing of explosives which is associated with that manufacture or storage.
(3) In this regulation, "fire or explosion" means unplanned fire or explosion at the site of manufacture or storage.
Separation distances
5.
- (1) Subject to paragraphs (2) and (3), every person who stores explosives at a site shall ensure that the relevant separation distance prescribed by Schedule 2 is maintained between a store and a building or other place not within that site to which that Schedule applies.
(2) Paragraph (1) shall not apply to desensitised explosives or explosives which are stored under a licence granted by the Executive in cases where the assent of the local authority was required pursuant to regulation 13(3).
(3) Paragraph (1) shall not apply to the storage of explosives where the total quantity of explosives stored at a site, excluding, in the case of sub-paragraph (b), any amount of small arms ammunition, does not exceed -
(d) in the case of explosives kept by a police force -
given a plan of the site and its immediate surrounding area showing the separation distances required to be maintained pursuant to the licence or varied licence.
(7) "Local planning authority" in paragraph (6), in relation to an area -
Disposal of explosives and decontamination of explosive-contaminated items
6.
- (1) Any person who disposes of explosives shall ensure, so far as is reasonably practicable, that they are disposed of safely.
(2) Any person who decontaminates explosive-contaminated items shall ensure, so far as is reasonably practicable, that they are decontaminated safely.
Employment of young persons
7.
No person who manufactures or stores explosives shall permit a person between the age of 16 years and 18 years to work in that manufacture or storage except under appropriate supervision.
Unauthorised access
8.
- (1) No person shall -
operating under a licence or registration; or
(b) having so entered, refuse to leave that site when requested to do so by a constable or the occupier, his employee or agent.
(2) Where following a request referred to in paragraph (1)(b) the person who has entered that place without permission refuses to leave that site, a constable or the occupier, his employee or agent may remove that person from the site using reasonable force, if necessary.
(3) "Enter" for the purposes of this regulation, includes entering onto a roof of a store or a building in which explosives are manufactured.
at a mine or quarry, to produce an explosive which is not cap-sensitive;
(i) the use of desensitised explosives in the manufacture of products which are not in themselves explosives; or
(j) the manufacture of explosives by a company which is a wholly-owned subsidiary of another company at a site in relation to which that other company holds a licence to manufacture explosives and that manufacture by the wholly-owned subsidiary is in accordance with the terms and conditions of that licence.
(3) In this regulation -
Explosives not to be stored without a licence
10.
- (1) Subject to paragraph (2), no person shall store explosives unless he holds a licence for their storage and complies with the conditions of that licence.
(2) Paragraph (1) shall not apply to -
(iii) no more than 15 kilograms of percussion caps or small arms ammunition or a mixture of them;
(c) the storage of no more than 7 kilograms of -
for no longer than 24 hours;
(d) the storage of hazard type 3 or 4 explosives for no longer than 24 hours;
(e) the storage of no more than 100 kilograms of -
provided that the explosives are stored for no longer than 3 days in their place of intended use;
(f) the storage of -
(g) the storage of desensitised explosives which have been allocated in accordance with the United Nations Recommendations the U.N. nos. 2059, 2555, 2556, 2557, 1336 or 1337;
(h) the storage of explosives by a company which is a wholly-owned subsidiary of another company at a site in relation to which that other company holds a licence to store explosives and that storage by the wholly-owned subsidiary is in accordance with the terms and conditions of that licence.
(3) For the purposes of paragraph (2) -
Registration in relation to storage
11.
- (1) Subject to paragraph (5), a person who wishes to store within one site at any one time no more than -
may apply to the licensing authority in whose area the storage will take place to be registered in respect of that storage.
(2) The licensing authority shall register the applicant unless any of the grounds for refusing to do so referred to in regulation 15 apply.
(3) Where a licensing authority registers an applicant, it shall issue the applicant with a certificate of registration, in a form approved for the time being for the purposes of this regulation by the Executive.
(4) A registration, not being a renewal of a registration, shall remain in force for such period not exceeding two years as the licensing authority determines, save that -
(5) For the purposes of paragraph (1) no more than one of the exceptions listed in sub-paragraphs (a) to (e) of paragraph (1) shall apply to explosives stored at the same site at the same time, irrespective of the person who is storing them.
(6) Where the registration relates to the storage at a site of pyrotechnic articles which are to be offered for sale at that site, the amount of those pyrotechnic articles which may be kept for any period of time in a sales area at that site shall be restricted to the amount determined in accordance with Schedule 3 and for these purposes and those of Schedule 3, "sales area" means an area where pyrotechnic articles are sold and to which any person who is not an employee of the person who is registered in respect of the storage of those pyrotechnic articles has access.
(7) No application for registration may be made in respect of the storage of explosives at a site at which the manufacture of explosives also takes place or is to take place.
(8) The quantities referred to in paragraph (1) are the maximum quantities of the explosives or explosive articles they respectively relate to which may be present at a registered site at any one time.
(9) A renewal of a registration may be granted for any period not exceeding one year, save that -
Applications for licences and registration
12.
An application for a licence or registration shall be made to the licensing authority on a form approved for the time being for the purposes of this regulation by the Executive.
Grant of licences
13.
- (1) A licence, not being a renewal of a licence, may be granted for such period not exceeding two years as the licensing authority determines, save that -
(2) Subject to paragraph (3), the licensing authority shall grant a licence unless any of the grounds for refusing to do so referred to in regulation 15 apply.
(3) Subject to paragraph (4), where the Executive is the licensing authority, the procedure set out in regulation 14 for obtaining the assent of -
shall apply and the Executive shall refuse to grant a licence unless the local authority, or each local authority, as the case may be, has so assented.
(4) Paragraph (3) shall not apply -
(5) Every licence shall specify -
(6) In addition to the matters specified in paragraph (5), a licence which is granted by the Executive in cases where the assent of the local authority was required pursuant to paragraph (3) -
and in this sub-paragraph -
(7) In addition to the matters specified in paragraphs (5) and (6), where a licensing authority grants a licence which relates to the storage of pyrotechnic articles at any site where those articles are to be offered for sale, the licensing authority may attach such conditions to the licence as it considers appropriate which relate to -
(8) A licence granted pursuant to this regulation shall be in a form approved for the time being for the purposes of this regulation by the Executive.
(9) A renewal of a licence may be granted for any period up to one year, save that -
(10) In this regulation, "on-site mixing" means the mixing at any place of non-explosive substances or preparations to form an explosive for immediate use at that place.
Local authority assent
14.
- (1) Where this regulation applies by virtue of regulation 13(3), the Executive shall, subject to regulations 15 and 18, issue the applicant with a draft licence containing the conditions, if any, which the Executive proposes to attach to the licence.
(2) The applicant shall as soon as reasonably practicable send a copy of the application and draft licence to the local authority in whose area the manufacture or storage is proposed to take place.
(3) Within 28 days of sending to the local authority the information specified in paragraph (2), the applicant shall -
(b) take other reasonable steps to give that information to every person who resides or carries on a business or other undertaking within the public consultation zone.
(4) The local authority shall send a copy of any representations referred to in paragraph (3)(a)(ii) to the applicant as soon as reasonably practicable after receiving them.
(5) In considering whether to assent, the local authority shall have regard only to health and safety matters.
(6) Subject to paragraph (7), the local authority shall, before deciding whether to assent to the application, hold a public hearing within 4 months of the date of its receipt of the copy of the application and draft licence referred to in paragraph (2).
(7) If, after the period of 28 days referred to in paragraph (3)(a)(ii) has elapsed, the local authority has received no objection to the application, or has only received objections which in its opinion are frivolous or immaterial, it may assent to the application without holding a hearing.
(8) Not less than 28 days before the hearing referred to in paragraph (6), the local authority shall publish notice of the date, time and place fixed for the hearing in a newspaper circulating in the locality and shall send a copy of the notice to -
within 7 days from its publication.
(9) The local authority shall notify the applicant and the Executive of its decision within 7 days of making it.
(10) Where the local authority fails to -
the Executive may make a written request to the local authority for it to state in writing whether it assents to the application.
(11) Where the local authority does not respond to the written request within 28 days from the date of the request, the local authority shall be deemed to have assented to the application.
(12) The applicant shall pay a fee to the local authority for the performance by that authority of their functions under this regulation, which fee shall not exceed the sum of the costs reasonably incurred by that authority in performing those functions.
(13) In this regulation, "applicant" means the applicant for a licence or variation of a licence and "application" means his application.
Refusals of licences, registration and draft licences
15.
- (1) Subject to regulation 18, the licensing authority shall -
where paragraph (2) applies.
(2) This paragraph applies when the licensing authority is of the opinion that -
(3) A refusal by the licensing authority, pursuant to paragraph (1), to issue the draft licence referred to in regulation 14(1) shall be treated for the purposes of these Regulations as a refusal of an application for a licence and the provisions of regulation 18 shall apply to a refusal to issue a draft licence as if the references in that regulation to "refuse an application for a licence" included refusing to issue a draft licence.
Variation of licences
16.
- (1) The licensing authority which grants a licence may vary it -
(2) A licence may be varied on the grounds referred to in paragraph (1)(a) or (b) without the agreement of the licensee, subject to regulation 18.
(3) Where the Executive is the licensing authority in cases where the assent of the local authority -
the provisions of regulation 14 shall apply in respect of a proposed variation referred to in paragraph (4).
(4) A proposed variation for the purposes of paragraph (3) is one which -
and the Executive shall refuse to grant a varied licence unless the local authority, or each local authority in the case referred to in regulation 13(3), has so assented.
(5) In this regulation any reference to varying a licence includes varying its conditions.
Revocation of licences and registration
17.
- (1) The licensing authority which grants a licence or registers a person under regulation 11 may, subject to regulation 18, revoke that licence or registration -
(c) by agreement with the licensee or registered person.
(2) A person whose licence or registration is revoked shall ensure that -
Further provisions concerning refusals, variations and revocations
18.
- (1) Where a licensing authority proposes to -
it shall, before taking any such action, notify the applicant, licensee or registered person, as the case may be, of its proposed course of action and afford him the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.
(2) Representations made for the purpose of paragraph (1) may be made in writing, or both in writing and orally.
(3) Where the licensing authority decides to -
it shall provide in writing to the applicant, licensee or registered person, as the case may be, the reasons for its decision.
(4) Where the licensing authority varies a licence without the agreement of the licensee or revokes a licence or registration, that variation or revocation shall take effect from a date to be determined by the licensing authority which shall be a date after the 28 day period referred to in paragraph (1).
Appeal against refusal or revocation of registration
19.
A person may appeal to the Secretary of State against a decision of a licensing authority to refuse to register him or to revoke his registration and the provisions of section 44(2) to (6) of the 1974 Act[27] (appeals in connection with licensing provisions) shall apply in respect of any such appeal.
Transfer of licences and registration
20.
- (1) A licence or registration may be transferred in writing by -
to any other person who wishes to manufacture or store explosives in place of the licensee or the person who is registered.
(2) Where the licensee or person who is registered wishes to transfer the licence or, as the case may be, the registration, he shall notify the licensing authority which issued the licence or the registration of the name and address of the proposed transferee at least 28 days before the licence or registration is transferred.
Death, bankruptcy or incapacity
21.
- (1) If a licensee or registered person dies or becomes incapacitated, a person manufacturing or storing explosives in accordance with the terms of the first-named person's licence or registration shall be treated as being licensed or registered in accordance with the first-named person's licence or registration until either -
whichever is the earlier.
(2) If a licensee or registered person becomes bankrupt or, in the case of a company, goes into liquidation or receivership or has a receiving order made against it, any receiver, trustee in bankruptcy or liquidator shall be treated as being the licensee or registered person.
Registers and retention of documents
22.
- (1) The licensing authority shall -
(2) For the purposes of this regulation and Schedule 4, in the case to which regulation 3(5) applies disapplying regulations 5 and 9 to 21, any reference to -
Defences
23.
- (1) In proceedings against a person for a contravention of regulation 9(1) which involves using a building or part of a building licensed for the manufacture of explosives, for another manufacturing process not specified in the licence, it shall be a defence for that person to prove that -
(2) In proceedings against a person for a contravention of regulation 10(1), it shall be a defence for that person to prove that the storage of explosives without a licence or in breach of a condition of a licence was caused by an emergency being an emergency which that person took all reasonable precautions and exercised all due diligence to avoid.
(3) In proceedings against a person for a contravention of regulation 10(1) where it is alleged against that person that the storage concerned was for a period longer than a period ("the permitted period") referred to in regulation 10(2)(c), (d), (e) or (f)(i) or (ii), it shall be for that person to prove that the storage concerned was for no longer than the permitted period.
mixed with chlorate of potassium or other chlorates or which contains any such mixture shall be manufactured, stored or imported.
(2) This regulation does not apply to any pyrotechnic named in a list, approved by the Executive, of pyrotechnics falling within the description referred to in paragraph (1).
(3) A contravention of paragraph (1) concerning importation shall be punishable only under the 1974 Act[28].
Prohibition concerning the acquisition and supply of fireworks
25.
- (1) No person shall -
(2) This regulation does not apply to a person who is transporting fireworks on behalf of another person.
Power to grant exemptions
26.
- (1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons or any explosive or class of explosives from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to such conditions and to a limit of time and may be revoked in writing at any time.
(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to -
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
(3) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any of Her Majesty's Forces, any visiting force, any headquarters or any civilian employee or class of civilian employees of the Ministry of Defence from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
Savings and transitional provisions
27.
- (1) A licence, amending licence, continuing certificate or store licence granted or issued under, as the case may be, section 8, 12, 14 or 15 of the 1875 Act or a licence granted under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967[29] which was valid immediately before the relevant date shall be deemed to be a licence granted under regulation 13 and shall continue in force, notwithstanding the repeal by these Regulations of those provisions, on its existing terms and conditions, subject to -
(2) A registration effected under section 21 of the 1875 Act which was valid immediately before the relevant date shall be deemed to be a registration under regulation 11 and shall continue in force, notwithstanding the repeal by these Regulations of the said section 21, until the date it was due to expire or it is revoked, whichever is the sooner.
(3) Where the manufacture or storage of explosives at any place -
(b) is not manufacture or storage which regulation 3(5) relates to,
the person carrying on such manufacture and storage shall be deemed to hold a licence granted by the Executive under regulation 13 with an expiry date of 6th April 2008.
(4) In a case to which paragraph (3) applies, regulation 13(3) shall not apply in relation to an application for a licence made to, and received by, the Executive before 6th April 2008.
(5) In relation to the application of these Regulations to the manufacture of any ammonium nitrate blasting intermediate by virtue of regulation 2(2), where a person is manufacturing any ammonium nitrate blasting intermediate on the relevant date, regulations 9, 12, 13, and 15 to 23 shall not apply to that manufacture by that person until 6th April 2008.
(6) The requirements of regulation 5 and Schedule 2 shall not apply until 6th April 2008 to a police force storing explosives.
(7) The requirements of regulation 5 and Schedule 2 shall not apply until 6th April 2010 to a person who stores explosives in respect of which storage there is a deemed registration in force on the relevant date.
(8) The requirements of regulation 5 and Schedule 2 shall not apply until 6th April 2008 to a person who stores explosives in respect of which storage there is a deemed licence in force on the relevant date.
(9) A person who -
may apply at any time to the Executive, which shall be the licensing authority, for a licence in respect of that storage, to replace that existing one, which provides for different separation distances to apply in respect of that storage to any which would otherwise apply on and after 6th April 2008 under regulation 5 and Schedule 2.
(10) A licence applied for pursuant to paragraph (9) shall not be granted by the Executive unless the Executive is satisfied that it would not be reasonably practicable for the applicant to comply with the separation distances required by regulation 5 and Schedule 2 to which the application relates.
(11) Where, on the relevant date, a person holds more than one deemed licence, each relating to the storage of explosives at separate places within the same site and the aggregate total of explosives allowed to be stored at that site pursuant to those deemed licences exceeds 2 tonnes, that person shall apply before 6th April 2008 to the Executive, which shall be the licensing authority, for a licence to replace those deemed licences for the storage of any explosives that he wishes to store at that site; and, on the date that a licence is granted pursuant to such an application, any such deemed licence shall be treated as revoked under regulation 17 as from that last mentioned date.
(12) Where, before the relevant date, a person would not have been required to apply for a licence under the 1875 Act because he was manufacturing or storing explosives in a part of premises already licensed under that Act to cover that manufacture or storage but, by virtue of regulation 9(1) or 10(1) he would need to hold a licence in respect of such manufacture or storage on and after that date -
(13) Regulation 13(3) shall not apply in relation to an application for a licence which paragraph (9), (11) or (12) relates to, save where -
(14) Where an application for a licence pursuant to section 6 of the 1875 Act[32] has been made to, and received by, the Executive before the relevant date and the application has not been refused nor a licence granted by that date, the application shall be deemed to be an application for a licence under these Regulations and the provisions of these Regulations shall apply to the application, subject to the paragraph (15) in relation to the application of any requirements of regulations 13(3) and 14 to any such licence application.
(15) In relation to the application of the requirements of regulations 13(3) and 14 to an application which paragraph (14) relates to -
(c) where a notice under section 7 of the 1875 Act referred to in sub-paragraph (b) has not been published before the relevant date, regulation 14(3) shall have effect as if after "paragraph (2)" there were inserted "or within 28 days of the coming into force of these Regulations, whichever is the later,";
(d) the assent to the application by the local authority pursuant to section 7 of the 1875 Act, or the assent by both local authorities to the application where the assent of both is required under that section, given before the relevant date shall be deemed to be assent for the purposes of regulations 13(3) and 14 and the Executive shall grant a licence under regulation 13 which accords with the draft licence approved by the Executive pursuant to section 6 of the 1875 Act, with the addition, if the assent was on conditions submitted to by the applicant, of the additional restrictions and precautions required by those conditions.
(16) An application for an amending licence under section 12 of the 1875 Act which is made to and received by, but not decided by, the Executive before the relevant date, shall be deemed to be an application for a variation of a licence under these Regulations and the provisions of these Regulations shall apply to the application accordingly.
(17) Despite the repeal by these Regulations of section 40 of the 1875 Act, paragraph (9) of that section (as it had effect before the commencement of Schedule 4 to the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993[33]) shall continue to apply to acetylene as it applied before the commencement of these Regulations.
(18) Notwithstanding the repeal by these Regulations of sections 40(4) and 50 of the 1875 Act, Order in Council (No. 9) of 27th November 1875 relating to the Sale of Explosive[34] shall continue in force.
(19) For the purposes of this regulation -
and "deemed licensee" shall be construed accordingly;
(b) "deemed registration" means a registration deemed by virtue of paragraph (2) to be a registration under regulation 11;
(c) "licence under the 1875 Act" in paragraph (12) means any of -
granted or issued, as the case may be, under section 8, 12 or 14 of the 1875 Act and "licensed under that Act" and "existing licence" shall be construed accordingly; and
(d) "relevant date" means the date when these Regulations come into force.
Repeals, revocations and amendments
28.
- (1) The primary legislation specified in Part 1 of Schedule 5 and the secondary legislation specified in Part 2 of that Schedule shall be amended in accordance with the provisions of that Schedule.
(2) The primary legislation specified in column 1 of Part 1 of Schedule 6 shall be repealed to the extent specified in column 3 of that Schedule.
(3) The secondary legislation specified in column 1 of Part 2 of Schedule 6 shall be revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State
Chris Pond
Parliamentary Under-Secretary of State Department for Work and Pensions
4th April 2005
(b) where the application for a licence relates to the manufacture of any ammonium nitrate blasting intermediate, the Executive;
(c) in relation to an application for a licence in any other case, the Executive.
2.
In any case falling within paragraph 1(a)(i) or (ii), the applicant may apply instead to the Executive for a licence, in which case the Executive shall 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, the Executive shall 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(c) includes any such application.
(2) Any reference in this Schedule to a thoroughfare (however described), waterway or railway line does not include any part of a thoroughfare, waterway or railway line within the site -
(3) Any reference in this Schedule to a quantity of explosives shown in column 1 of a Table is to a quantity stored which is more than the lower figure but not more than the higher figure in column 1 in the same row of the Table.
(4) 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.
(5) For the purposes of this Schedule, where explosives of different hazard types are in one store, the explosives shall 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 shall be determined in relation to that total quantity.
(6) 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 5 of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.
(7) 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.
2.
Where the storage is -
shall apply, and any reference in this Schedule to a relevant Table is a reference to the Table which applies by virtue of this paragraph.
3.
Subject to paragraphs 4 and 5, the distance between a store and any building, place of public resort or major road shall be the distance specified in the entry in column 2 of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.
4.
Subject to paragraph 5, where -
the distance between the store and any dwelling shall be the distance (if any) specified in the corresponding entry in column 3 of the Table.
5.
The distance between a store and any vulnerable building shall be the distance (if any) specified in the column headed "Vulnerable building distance" corresponding to the quantity of explosives shown in column 1 of the relevant Table.
6.
The distance between a store and -
the distance shown in column 2 of the Table corresponding to the quantity of explosives shown in column 1 of the Table.
TABLE 1
HAZARD TYPE 1 EXPLOSIVE IN A BRICK-BUILT MOUNDED STORE
1 | 2 | 3 | 4 | 5 | 6 |
Quantity of explosives (kg) | Low density distance (m) | High density distance (m) | Vulnerable building distance (m) | Reference zone radius (m) | Maximum number of dwellings in reference zone |
0.1 - 25 | 101 | - | 101 | - | - |
25 - 50 | 107 | - | 107 | - | - |
50 - 75 | 112 | - | 112 | - | - |
75 - 100 | 118 | - | 118 | - | - |
100 - 150 | 128 | 142 | 128 | 257 | 81 |
150 - 200 | 139 | 156 | 139 | 278 | 96 |
200 - 300 | 161 | 180 | 161 | 322 | 128 |
300 - 400 | 183 | - | 183 | - | - |
400 - 450 | 193 | - | 193 | - | - |
450 - 500 | 204 | - | 204 | - | - |
500 - 600 | 204 | - | 216 | - | - |
600 - 700 | 204 | 231 | 238 | 408 | 206 |
700 - 800 | 204 | 238 | 260 | 408 | 206 |
800 - 900 | 204 | 245 | 280 | 408 | 206 |
900 - 1000 | 204 | 250 | 300 | 408 | 206 |
1000 - 1100 | 204 | 255 | 319 | 408 | 206 |
1100 - 1200 | 204 | 259 | 337 | 408 | 206 |
1200 - 1300 | 204 | 263 | 354 | 408 | 206 |
1300 - 1400 | 204 | 266 | 370 | 408 | 206 |
1400 - 1500 | 204 | 269 | 386 | 408 | 206 |
1500 - 1600 | 204 | 272 | 402 | 408 | 206 |
1600 - 1700 | 208 | 274 | 416 | 416 | 214 |
1700 - 1800 | 215 | 277 | 431 | 431 | 229 |
1800 - 1900 | 222 | 279 | 444 | 444 | 244 |
1900 - 2000 | 229 | 281 | 458 | 458 | 259 |
1 | 2 | 3 |
Quantity of explosives (kg) | Low density distance (m) | Vulnerable building distance (m) |
0.1 - 25 | 141 | 141 |
25 - 50 | 160 | 160 |
50 - 75 | 180 | 180 |
75 - 100 | 199 | 199 |
100 - 150 | 230 | 230 |
150 - 200 | 256 | 256 |
200 - 300 | 293 | 293 |
300 - 400 | 320 | 320 |
400 - 450 | 331 | 331 |
450 - 500 | 340 | 340 |
500 - 600 | 355 | 355 |
600 - 700 | 367 | 367 |
700 - 800 | 377 | 377 |
800 - 900 | 385 | 385 |
900 - 1000 | 392 | 392 |
1000 - 1100 | 398 | 398 |
1100 - 1200 | 403 | 403 |
1200 - 1300 | 408 | 408 |
1300 - 1400 | 412 | 412 |
1400 - 1500 | 415 | 415 |
1500 - 1600 | 418 | 418 |
1600 - 1700 | 421 | 421 |
1700 - 1800 | 424 | 431 |
1800 - 1900 | 426 | 444 |
1900 - 2000 | 428 | 458 |
1 | 2 | 3 | 4 | 5 | 6 |
Quantity of explosives (kg) | Low density distance (m) | High density distance (m) | Vulnerable building distance (m) | Reference zone radius (m) | Maximum number of dwellings in reference zone |
0.1 - 25 | 34 | 45 | 40 | 68 | 6 |
25 - 50 | 37 | 45 | 48 | 74 | 7 |
50 - 75 | 40 | 45 | 54 | 80 | 8 |
75 - 100 | 43 | 48 | 66 | 86 | 9 |
100 - 150 | 49 | 55 | 86 | 97 | 12 |
150 - 200 | 54 | 62 | 104 | 109 | 15 |
200 - 300 | 68 | 76 | 136 | 136 | 23 |
300 - 400 | 83 | - | 165 | - | - |
400 - 450 | 89 | - | 178 | - | - |
450 - 500 | 96 | - | 191 | - | - |
500 - 600 | 108 | - | 216 | - | - |
600 - 700 | 119 | - | 238 | - | - |
700 - 800 | 130 | - | 260 | - | - |
800 - 900 | 140 | - | 280 | - | - |
900 - 1000 | 150 | - | 300 | - | - |
1000 - 1100 | 159 | - | 319 | - | - |
1100 - 1200 | 168 | - | 337 | - | - |
1200 - 1300 | 177 | - | 354 | - | - |
1300 - 1400 | 185 | - | 370 | - | - |
1400 - 1500 | 193 | - | 386 | - | - |
1500 - 1600 | 201 | - | 402 | - | - |
1600 - 1700 | 208 | - | 416 | - | - |
1700 - 1800 | 215 | - | 431 | - | - |
1800 - 1900 | 222 | - | 444 | - | - |
1900 - 2000 | 229 | - | 458 | - | - |
1 | 2 | 3 | 4 | 5 | 6 |
Quantity of explosives (kg) | Low density distance (m) | High density distance (m) | Vulnerable building distance (m) | Reference zone radius | Maximum number of dwellings in reference zone |
0.1 - 10 | 23 | 30 | 40 | 46 | 3 |
10 - 20 | 29 | 35 | 42 | 57 | 4 |
20 - 30 | 33 | 39 | 44 | 65 | 5 |
30 - 40 | 36 | 42 | 46 | 71 | 6 |
40 - 50 | 38 | 44 | 48 | 76 | 7 |
50 - 60 | 40 | 46 | 48 | 80 | 8 |
60 - 70 | 42 | 48 | 52 | 84 | 9 |
70 - 80 | 43 | 50 | 57 | 87 | 9 |
80 - 90 | 44 | 52 | 61 | 89 | 10 |
90 - 100 | 45 | 55 | 66 | 91 | 10 |
100 - 110 | 46 | 57 | 70 | 93 | 11 |
110 - 120 | 47 | 59 | 74 | 95 | 11 |
120 - 130 | 48 | 62 | 78 | 97 | 12 |
130 - 140 | 49 | 64 | 82 | 98 | 12 |
140 - 150 | 50 | 66 | 86 | 100 | 12 |
150 - 160 | 51 | 68 | 90 | 102 | 13 |
160 - 170 | 52 | 71 | 93 | 104 | 13 |
170 -180 | 53 | 73 | 97 | 106 | 14 |
180 - 190 | 54 | 75 | 101 | 108 | 14 |
190 - 200 | 55 | 78 | 104 | 110 | 15 |
200 - 300 | 68 | 101 | 136 | 136 | 23 |
300 - 400 | 83 | 124 | 165 | 165 | 34 |
400 - 450 | 89 | 135 | 178 | 178 | 39 |
450 - 500 | 96 | 138 | 191 | 191 | 45 |
500 - 600 | 108 | 144 | 216 | 216 | 57 |
600 - 700 | 119 | 150 | 238 | 238 | 70 |
700 - 800 | 130 | 156 | 260 | 260 | 83 |
800 - 900 | 140 | 162 | 280 | 280 | 97 |
900 - 1000 | 150 | 168 | 300 | 300 | 111 |
1000 - 1100 | 159 | 168 | 319 | 318 | 111 |
1100 - 1200 | 168 | - | 337 | - | - |
1200 - 1300 | 177 | - | 354 | - | - |
1300 - 1400 | 185 | - | 370 | - | - |
1400 - 1500 | 193 | - | 386 | - | - |
1500 - 1600 | 201 | - | 402 | - | - |
1600 - 1700 | 208 | - | 416 | - | - |
1700 - 1800 | 215 | - | 431 | - | - |
1800 - 1900 | 222 | - | 444 | - | - |
1900 - 2000 | 229 | - | 458 | - | - |
1 | 2 | 3 | 4 | 5 | 6 |
Quantity of explosives (kg) | Low density distance (m) | High density distance (m) | Vulnerable building distance (m) | Reference zone radius (m) | Maximum number of dwellings in reference zone |
0.1 - 25 | 38 | 53 | 54 | 74 | 11 |
25 - 50 | 43 | 53 | 54 | 86 | 11 |
50 - 75 | 48 | 60 | 54 | 96 | 11 |
75 - 100 | 53 | 77 | 66 | 106 | 14 |
100 - 150 | 63 | 110 | 86 | 127 | 20 |
150 - 200 | 74 | 143 | 104 | 147 | 27 |
200 - 300 | 94 | 209 | 136 | 188 | 44 |
300 - 400 | 115 | 275 | 165 | 229 | 65 |
400 - 450 | 125 | 308 | 178 | 250 | 77 |
450 - 500 | 128 | 309 | 191 | 257 | 81 |
500 - 600 | 135 | 311 | 216 | 270 | 90 |
600 - 700 | 142 | 312 | 238 | 283 | 99 |
700 - 800 | 148 | 314 | 260 | 297 | 109 |
800 - 900 | 155 | 316 | 280 | 310 | 119 |
900 - 1000 | 162 | 318 | 300 | 324 | 129 |
1000 - 1100 | 169 | 319 | 319 | 337 | 140 |
1100 - 1200 | 175 | 321 | 337 | 350 | 152 |
1200 - 1300 | 182 | 323 | 354 | 364 | 163 |
1300 - 1400 | 189 | 325 | 370 | 377 | 176 |
1400 - 1500 | 195 | 326 | 386 | 391 | 188 |
1500 - 1600 | 202 | 328 | 402 | 404 | 202 |
1600 - 1700 | 209 | 330 | 416 | 417 | 215 |
1700 - 1800 | 215 | 332 | 431 | 431 | 229 |
1800 - 1900 | 222 | 333 | 444 | 444 | 244 |
1900 - 2000 | 229 | 335 | 458 | 458 | 259 |
1 | 2 | 3 |
Quantity of explosives (kg) | Low density distance (m) | Vulnerable building distance (m) |
0.1 - 25 | 45 | 90 |
25 - 50 | 88 | 176 |
50 - 75 | 108 | 216 |
75 - 100 | 129 | 238 |
100 - 150 | 148 | 296 |
150 - 200 | 168 | 336 |
200 - 300 | 191 | 382 |
300 - 400 | 207 | 414 |
400 - 450 | 213 | 426 |
450 - 500 | 219 | 438 |
500 - 600 | 226 | 452 |
600 - 700 | 233 | 466 |
700 - 800 | 240 | 480 |
800 - 900 | 248 | 496 |
900 - 1000 | 256 | 512 |
1000 - 1100 | 259 | 518 |
1100 - 1200 | 262 | 524 |
1200 - 1300 | 266 | 532 |
1300 - 1400 | 270 | 540 |
1400 - 1500 | 274 | 548 |
1500 - 1600 | 278 | 556 |
1600 - 1700 | 282 | 564 |
1700 - 1800 | 286 | 572 |
1800 - 1900 | 288 | 576 |
1900 - 2000 | 292 | 592 |
1 | 2 | 3 |
Quantity of explosives (kg) | Low density distance (m) | Vulnerable building distance (m) |
0.1 - 25 | 37 | 76 |
25 - 50 | 43 | 86 |
50 - 75 | 47 | 94 |
75 - 100 | 51 | 102 |
100 - 150 | 56 | 112 |
150 - 200 | 60 | 120 |
200 - 300 | 66 | 132 |
300 - 400 | 71 | 142 |
400 - 450 | 73 | 146 |
450 - 500 | 74 | 148 |
500 - 600 | 76 | 152 |
600 - 700 | 78 | 158 |
700 - 800 | 81 | 162 |
800 - 900 | 84 | 164 |
900 - 1000 | 87 | 174 |
1000 - 1100 | 88 | 176 |
1100 - 1200 | 89 | 178 |
1200 - 1300 | 90 | 180 |
1300 - 1400 | 91 | 182 |
1400 - 1500 | 92 | 184 |
1500 - 1600 | 94 | 188 |
1600 - 1700 | 95 | 190 |
1700 - 1800 | 97 | 194 |
1800 - 1900 | 99 | 198 |
1900 - 2000 | 101 | 202 |
1 | 2 |
Quantity of explosives (kg) | Low density distance (m) |
0.1 - 25 | - |
25 - 50 | 23 |
50 - 75 | 25 |
75 - 100 | 29 |
100 - 150 | 33 |
150 - 200 | 37 |
200 - 300 | 42 |
300 - 400 | 47 |
400 - 450 | 47 |
450 - 500 | 50 |
500 - 600 | 51 |
600 - 700 | 53 |
700 - 800 | 54 |
800 - 900 | 55 |
900 - 1000 | 63 |
1000 - 1100 | 70 |
1100 - 1200 | 71 |
1200 - 1300 | 72 |
1300 - 1400 | 73 |
1400 - 1500 | 74 |
1500 - 1600 | 75 |
1600 - 1700 | 76 |
1700 - 1800 | 78 |
1800 - 1900 | 79 |
1900 - 2000 | 80 |
1 | 2 |
Quantity of explosives (kg) | Low density distance (m) |
0.1 - 250 | 0 |
250 - 300 | 1 |
300 - 340 | 2 |
340 - 370 | 3 |
370 - 400 | 4 |
400 - 450 | 5 |
450 - 500 | 6 |
500 - 550 | 7 |
550 - 600 | 8 |
600 - 650 | 9 |
650 - 700 | 10 |
700 - 750 | 11 |
750 - 800 | 12 |
800 - 900 | 13 |
900 - 950 | 14 |
950 - 1000 | 15 |
1000 - 1100 | 16 |
1100 - 1150 | 17 |
1150 - 1200 | 18 |
1200 - 1300 | 19 |
1300 - 1350 | 20 |
1350 - 1400 | 21 |
1400 - 1450 | 22 |
1450 - 1550 | 23 |
1550 - 1600 | 24 |
1600 - 1650 | 25 |
1650 - 1700 | 26 |
1700 - 1800 | 27 |
1800 - 1850 | 28 |
1850 - 1900 | 29 |
1900 - 2000 | 30 |
1 | 2 |
Floor area of sales area | Quantity of explosives |
(square metres) | (kg) |
not exceeding 20 | 12.5 |
not exceeding 40 | 15 |
not exceeding 60 | 20 |
not exceeding 80 | 25 |
not exceeding 100 | 30 |
not exceeding 150 | 35 |
not exceeding 200 | 40 |
not exceeding 250 | 45 |
not exceeding 300 | 50 |
not exceeding 350 | 55 |
not exceeding 400 | 60 |
not exceeding 450 | 65 |
not exceeding 499 | 70 |
equal to or exceeding 500 | 75 |
3.
Subject to paragraph 7, where the licence or registration relates to explosives which do not require an explosives certificate under the Control of Explosives Regulations 1991[37], the licensing authority shall -
4.
Subject to paragraph 7, where the licence or registration relates to explosives which require an explosives certificate under the Control of Explosives Regulations 1991, the licensing authority shall -
5.
The register may be kept in any form, including electronically.
6.
The licensee or the person registered under regulation 11 in relation to any site in which explosives are manufactured or stored, shall, where requested in writing to do so by the owner or, if not the same person, the occupier, of any premises falling within any separation distance applying in relation to that site, provide to the requesting person within twenty-eight days of the request a scale plan of the area of land falling within that separation distance.
7.
The requirements of paragraphs 3 and 4 shall not apply where the information referred to in paragraph 2 is in respect of any site to which a licence or registration relates which is used only for the storage of -
8.
Where the licensing authority is a local authority, that licensing authority shall notify the Executive in writing, within twenty-eight days of receipt of a written request by the Executive to do so, as to such information as is contained in the register it maintains relating to the information referred to in paragraph 2 as the Executive may require.
9.
Nothing in this Schedule shall prevent a licensing authority from disclosing any of the information included in the register it maintains to a local planning authority or a joint planning board for the purposes of the exercise of their respective functions.
10.
For the purposes of paragraph 9, "local planning authority" and "joint planning board" have the meanings they are given in, respectively, sections 1 and 2 of the Town and Country Planning Act 1990[38].
(3) Omit sections 24, 26 to 29, 35, 36, 38, 40 and 41.
(4) In section 43 (power to prohibit, manufacture, importation, storage and carriage of specially dangerous explosives) -
(5) Omit sections 44 to 51, 58, 60, 63 and 64.
(6) In section 67 (definition of local authority) -
(7) Omit sections 70 to 72, 77, 78 and 82.
(8) In section 83 (provisions as to Orders in Council and orders of the Secretary of State), omit -
(9) Omit sections 84 and 86.
(10) In section 91 (prosecution of offences either summarily or on indictment), omit the words from "Provided that" to "exceed one month".
(11) In section 97 (exemption of Government factories, etc, from the Act), omit paragraphs (3) and (4) and the words from "Provided that" to the end of the section.
(12) Omit sections 98 and 101.
(13) In section 102 (saving clause as to liability), omit the words from "A continuing certificate" to the end of the section.
(14) Omit sections 103, 105 and 106.
(15) In section 108 (general definitions) -
(16) In section 109 (definitions in relation to application of Act to Scotland), omit paragraph (11).
(17) In section 110 (local authority), omit paragraph 2 and the word "and" preceding it.
(18) In section 111 (expenses of local authority), omit paragraph (b) and the word "and" preceding it.
(19) Omit section 113.
(20) In section 114 (provision for making and enforcing byelaws, &c in relation to Scotland), omit paragraph (a).
(21) Omit Schedule 1.
Celluloid and Cinematograph Film Act 1922
2.
In section 9 of the Celluloid and Cinematograph Film Act 1922[39] (definitions), in the definition of "celluloid", for "Explosives Act 1875" substitute "Manufacture and Storage of Explosives Regulations 2005".
Explosives Act 1923
3.
The Explosives Act 1923[40] is repealed.
London Building Act 1930
4.
In section 143(4)(a) of the London Building Act 1930[41] (regulations for building near dangerous business), for "the Explosives Act 1875" substitute "the Manufacture and Storage of Explosives Regulations 2005".
Acquisition of Land (Authorisation Procedure) Act 1946
5.
In Schedule 4 to the Acquisition of Land (Authorisation Procedure) Act 1946[42] (minor and consequential amendments), omit the entry relating to the Explosives Act 1875.
National Parks and Access to the Countryside Act 1949
6.
In section 80 of the National Parks and Access to the Countryside Act 1949[43] (provisions as to danger areas), omit subsections (5) and (6).
Fireworks Act 1951
7.
- (1) The Fireworks Act 1951[44] is amended as follows.
(2) In section 1 (destruction of dangerous fireworks), in subsections (1) and (2), omit ", magazine" in each place where it occurs.
(3) In section 2 (determination or amendment of licence for a factory where dangerous fireworks are made) -
(c) in subsection (4), for "the principal Act" in each place substitute "the 2005 Regulations"; and
(d) omit subsection (6).
(4) Omit section 4 (determination or amendment of licences for factory where there is negligent manufacture).
(5) In section 5 (marking of fireworks) -
(6) Omit section 7 (small firework factory licences).
(7) For section 9 (interpretation) substitute -
Emergency Laws (Miscellaneous Provisions) Act 1953
8.
- (1) The Emergency Laws (Miscellaneous Provisions) Act 1953[45] is amended as follows.
(2) Section 3 (extension of control of certain explosives) is omitted.
(3) In section 12(3) (provisions as to orders), omit "three or".
(4) In section 13 (application to Northern Ireland), omit "three".
London Government Act 1963
9.
In section 50 of the London Government Act 1963[46] (explosives and petroleum spirit), omit subsections (1) and (3).
Public Expenditure and Receipts Act 1968
10.
In Schedule 3 to the Public Expenditure and Receipts Act 1968[47] (variation of fees, etc.), omit entry number 4 (relating to the Explosives Act 1875).
Trade Descriptions Act 1968
11.
In section 32(2) of the Trade Descriptions Act 1968[48] (power to exempt goods sold for export, etc), for "Explosives Acts 1875 and 1923" substitute "Manufacture and Storage of Explosives Regulations 2005".
Port of London Act 1968
12.
In the Port of London Act 1968[49], omit section 166 (dangerous goods byelaws).
Fire Precautions Act 1971
13.
In Schedule 2 to the Fire Precautions Act 1971[50] (which modifies the Act in relation to certain premises), in paragraph 7, for "the Explosives Act 1875" substitute "the Manufacture and Storage of Explosives Regulations 2005".
Health and Safety at Work etc Act 1974
14.
In Schedule 1 to the Health and Safety at Work etc Act 1974[51] (existing enactments which are relevant statutory provisions), omit the entries relating to the Explosives Act 1923, the Fireworks Act 1951 and the Emergency Laws (Miscellaneous Provisions) Act 1953.
Control of Pollution Act 1974
15.
Until the coming into force of its repeal by the Environmental Protection Act 1990[52] the definition of "waste" in section 30 of the Control of Pollution Act 1974[53] has effect as if the reference to the Explosives Act 1875 were a reference to these Regulations.
Customs and Excise Management Act 1979
16.
In section 75(1) of the Customs and Excise Management Act 1979[54] (meaning of "explosive"), for "the Explosives Act 1875" substitute "the Manufacture and Storage of Explosives Regulations 2005".
Isle of Man Act 1979
17.
- (1) Section 8(2) of the Isle of Man Act 1979[55] (removal of goods to the United Kingdom) is amended as follows.
(2) In sub-paragraph (b), omit the final "or";
(3) At the end of sub-paragraph (c), insert "or"; and
(4) After sub-paragraph (c) insert -
Roads (Scotland) Act 1984
18.
In paragraph 7 of Schedule 9 to the Roads (Scotland) Act 1984[56] (minor and consequential amendments), omit sub-paragraph (2).
Environmental Protection Act 1990
19.
- (1) The Environmental Protection Act 1990[57] shall be amended as follows.
(2) In section 75(2) (meaning of waste) as enacted, for "the Explosives Act 1875" substitute "the Manufacture and Storage of Explosives Regulations 2005".
(3) In section 142(7) (powers to obtain information), for "the Explosive Substances Act 1875" substitute "the Manufacture and Storage of Explosives Regulations 2005".
Merchant Shipping Act 1995
20.
In Schedule 13 to the Merchant Shipping Act 1995[58] (consequential amendments), omit paragraph 5.
Criminal Procedure (Scotland) Act 1995
21.
In Schedule 5 to the Criminal Procedure (Scotland) Act 1995[59], omit the entries for the forms of complaint relating to -
Order in Council No. 30 dated 2nd February 1937
23.
After the proviso in Order in Council No. 30 dated 2nd February 1937[61], insert -
The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956
24.
In regulation 5 of Part III of the Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956[62] (storage, issue and conveyance of explosives and detonators), for the words from "workshop" to the end, substitute "suitable place appointed for that purpose by the manager of the mine".
The Miscellaneous Mines (Explosives) Regulations 1959
25.
In regulation 34 of Part VII of Miscellaneous Mines (Explosives) Regulations 1959[63] (shot firing - additional provisions for shafts, winzes and raises), for the words from "workshop used" to the end substitute "suitable place for that purpose appointed by the manager of the mine".
The Clean Air (Emission of Dark Smoke)(Exemption) Regulations 1969
26.
In paragraph 2 of Schedule 1 to the Clean Air (Emission of Dark Smoke)(Exemption) Regulations 1969[64] (exempted matter), for "the Explosives Act 1875" substitute "the Manufacture and Storage of Explosives Regulations 2005".
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
27.
- (1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[65] is amended as follows.
(2) In paragraph 8 of Part III of Schedule 1 (excepted professions, offices, employments, work and occupations), for the words from "by any Order in Council" to the end substitute "pursuant to regulations 4 and 7 of the Control of Explosives Regulations 1991 to obtain from the chief officer of police a valid explosives certificate certifying him to be a fit person to acquire or acquire and keep explosives".
(3) For paragraph 3 of Schedule 2 (excepted licences, certificates and permits), substitute -
(4) In paragraph 13 of Schedule 3 (excepted proceedings), for the words from "police or" to the end substitute "chief officer of police for an explosives certificate pursuant to regulations 4 and 7 of the Control of Explosives Regulations 1991 as to the fitness of the applicant to acquire or acquire and keep explosives".
The Fire Certificates (Special Premises) Regulations 1976
28.
For paragraph 10 of Part I of Schedule 1 to the Fire Certificates (Special Premises) Regulations 1976[66] (designation of certain premises), substitute -
The Isle of Scilly (Functions) Order 1979
29.
In article 3(e) of the Isles of Scilly (Functions) Order 1979[67] (functions), for "the Explosives Act 1923" substitute "the Manufacture and Storage of Explosives Regulations 2005".
The Notification of Installations Handling Hazardous Substances Regulations 1982
30.
In the entry for cellulose nitrate in column 1 of Part I of Schedule 1 to the Notification of Installations Handling Hazardous Substances Regulations 1982[68] (named substances), for "the Explosives Act 1875" substitute "the Manufacture and Storage of Explosives Regulations 2005".
The Classification and Labelling of Explosives Regulations 1983
31.
- (1) The Classification and Labelling of Explosives Regulations 1983[69] are amended as follows.
(2) In paragraph (3) of regulation 3 (classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof), omit "Subject to regulation 11,".
The Dangerous Substances in Harbour Areas Regulations 1987
32.
In Part IX of the Dangerous Substances in Harbour Areas Regulations 1987[70] (explosives) -
The Building Standards (Scotland) Regulations 1990
33.
In Schedule 1 to the Building Standards (Scotland) Regulations 1990[71] (exempted classes of building), in relation to class 1, for the description in column (2), substitute -
The Control of Explosives Regulations 1991
34.
- (1) The Control of Explosives Regulations 1991[72] are amended as follows.
(2) In regulation 2 (interpretation) -
to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;;";
(b) a desensitised explosive,
but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;;";
(f) in the definitions of "fireworks" and "fog signals", for "on classification under the 1983 Regulations" substitute "in accordance with the United Nations Recommendations";
(g) omit the definition of "for private use";
(h) in the definition of "gunpowder", for "on classification under the 1983 Regulations" substitute "in accordance with the United Nations Recommendations";
(i) for the definition of "license", substitute -
(3) In paragraphs (3) and (4) of regulation 3 (application), for "Regulations 7 and 10", substitute "Regulation 7".
(4) In regulation 4 (explosives certificate) -
(g) where the application is for a certificate relating to the keeping of explosives, either -
(c) paragraph (7) is revoked;
(d) after paragraph (9) insert -
(5) In regulation 8(e), after "regulation 3(3) or (4)" insert -
(6) In regulation 9 (restrictions on prohibited persons) -
(7) Regulation 10 (keeping explosives for private use) is revoked.
(8) For regulation 11 (occupier of licensed factory or licensed magazine to appoint person responsible for explosives), substitute -
shall appoint one individual to be responsible to him for ensuring that adequate precautions are taken at that site to secure explosives against loss.
(2) For the purposes of paragraph (1) -
(9) In regulation 12 (making, preservation and production of records) -
(10) In paragraph (8) of regulation 13 (reporting loss), for "licensed factory or licensed magazine" substitute "site in relation to which the Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to the 2005 Regulations,".
(11) Regulations 16 (power to revoke or amend licences) and 18 (transitional provisions) and paragraphs (5) and (6) of regulation 19 (modifications, revocations and savings) are revoked.
(12) For Schedule 1 (exceptions) substitute -
Explosives | U.N. no. |
AIR-BAG INFLATORS, AIR-BAG MODULES, SEAT-BELT PRETENSIONERS | 0503 |
2 AMINO - 4, 6 - DINITROPHENOL, WETTED with not less than 20% water by mass |
3317 |
AMMONIUM PICRATE, WETTED with not less than 10% water, by mass | 1310 |
ARTICLES, PYROTECHNIC for technical purposes | 0428 |
ARTICLES, PYROTECHNIC for technical purposes | 0429 |
ARTICLES, PYROTECHNIC for technical purposes | 0430 |
ARTICLES, PYROTECHNIC for technical purposes | 0431 |
ARTICLES, PYROTECHNIC for technical purposes | 0432 |
BARIUM AZIDE, WETTED with not less than 50% water, by mass | 1571 |
CARTRIDGES, OIL WELL | 0277 |
CARTRIDGES, OIL WELL | 0278 |
CARTRIDGES, POWER DEVICE | 0275 |
CARTRIDGES, POWER DEVICE | 0276 |
CARTRIDGES, POWER DEVICE | 0323 |
CARTRIDGES, POWER DEVICE | 0381 |
CARTRIDGES, SIGNAL | 0054 |
CARTRIDGES, SIGNAL | 0312 |
CARTRIDGES, SIGNAL | 0405 |
CARTRIDGES, SMALL ARMS | 0012 |
CARTRIDGES, SMALL ARMS | 0328 |
CARTRIDGES, SMALL ARMS | 0339 |
CARTRIDGES, SMALL ARMS, BLANK | 0014 |
CARTRIDGES, SMALL ARMS, BLANK | 0327 |
CARTRIDGES, SMALL ARMS, BLANK | 0338 |
CARTRIDGES, EMPTY, WITH PRIMER | 0055 |
CARTRIDGES, EMPTY, WITH PRIMER | 0379 |
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER | 0446 |
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER | 0447 |
CORD, IGNITER | 0066 |
CUTTERS, CABLE, EXPLOSIVE | 0070 |
DINITROSOBENZENE | 0406 |
DINITROPHENOL, WETTED with not less than 15% water, by mass |
1320 |
DINITROPHENOLATES, WETTED with not less than 15% water, by mass | 1321 |
DINITRORESORCINOL, WETTED with not less than 15% water, by mass | 1322 |
DIPICRYL SULPHIDE, WETTED with not less than 10% water, by mass |
2852 |
FIREWORKS | 0333 |
FIREWORKS | 0334 |
FIREWORKS | 0335 |
FIREWORKS | 0336 |
FIREWORKS | 0337 |
FLARES, AERIAL | 0093 |
FLARES, AERIAL | 0403 |
FLARES, AERIAL | 0404 |
FLARES, SURFACE | 0092 |
FLASH POWDER | 0094 |
FLASH POWDER | 0305 |
FUSE, INSTANTANEOUS, NON-DETONATING | 0101 |
(QUICKMATCH) | |
FUSE, SAFETY | 0105 |
IGNITERS | 0121 |
IGNITERS | 0314 |
IGNITERS | 0315 |
IGNITERS | 0325 |
IGNITERS | 0454 |
ISOSORBIDE DINITRATE MIXTURE with not less than 60% lactose, mannose, starch or calcium hydrogen phosphate | 2907 |
LIGHTERS, FUSE | 0131 |
5-MERCAPTO-TETRAZOL-1-ACETIC ACID | 0448 |
NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose | 2059 |
NITROCELLULOSE WITH WATER (not less than 25% water, by mass) | 2555 |
NITROCELLULOSE WITH ALCOHOL (not less than 25% alcohol, by mass, and not more than 12.6% nitrogen, by dry mass) | 2556 |
NITROCELLULOSE with not more than 12.6% nitrogen, by dry mass, MIXTURE WITH or WITHOUT PLASTICIZER, WITH or WITHOUT PIGMENT | 2557 |
NITROGLYCERINE SOLUTION IN ALCOHOL with not more than 1% nitroglycerine | 1204 |
NITROGLYCERINE SOLUTION IN ALCOHOL with more than 1% but not more than 5% nitroglycerine | 3064 |
NITROGUANIDINE (PICRITE) with not less than 20% water, by mass | 1336 |
4 NITROPHENYLHYDRAZINE | 3376 |
NITROSTARCH, WETTED with not less than 20% water, by mass | 1337 |
POTASSIUM SALTS OF AROMATIC NITRO-DERIVATIVES, explosive | 0158 |
PRIMERS, CAP TYPE | 0044 |
PRIMERS, CAP TYPE | 0377 |
PRIMERS, CAP TYPE | 0378 |
ROCKETS, LINE-THROWING | 0238 |
ROCKETS, LINE-THROWING | 0240 |
ROCKETS, LINE-THROWING | 0453 |
SIGNAL DEVICES, HAND | 0373 |
SIGNAL DEVICES, HAND | 0191 |
SIGNALS, DISTRESS, ship | 0194 |
SIGNALS, DISTRESS, ship | 0195 |
SIGNALS, RAILWAY TRACK, EXPLOSIVE | 0192 |
SIGNALS, RAILWAY TRACK, EXPLOSIVE | 0193 |
SIGNALS, SMOKE, with explosive sound unit | 0196 |
SIGNALS, SMOKE, without explosive sound unit | 0197 |
SILVER PICRATE, WETTED with not less than 30% water, by mass |
1347 |
SODIUM DINITRO-o-CRESOLATE, dry or wetted with less than 15% water, by mass | 0234 |
SODIUM DINITRO-o-CRESOLATE, WETTED with not less than 15% water, by mass | 1348 |
SODIUM DINITRO-o-CRESOLATE, WETTED, with not less than 10% water, by mass | 3369 |
SODIUM PICRAMATE, dry or wetted with less than 20% water by mass | 0235 |
SODIUM PICRAMATE, WETTED with not less than 20% water, by mass | 1349 |
TETRAZOL-1-ACETIC ACID | 0407 |
TRINITROBENZENE, WETTED with not less than 30% water, by mass |
1354 |
TRINITROBENZOIC ACID, WETTED with not less than 30% water, by mass | 1355 |
TRINITROPHENOL, WETTED with not less than 30% water, by mass | 1344 |
TRINITROTOLUENE, WETTED with not less than 30% water, by mass | 1356 |
UREA NITRATE, WETTED with not less than 20% water by mass | 1357 |
ZIRCONIUM PICRAMATE, WETTED with not less than 20% water, by mass | 1517 |
ZIRCONIUM PICRAMATE, dry or wetted with less than 20% water, by mass | 0236" |
(13) For Schedule 2 (form of explosives certificate) substitute -
(14) Part I of Schedule 4 (modifications of the Explosives Act 1875) is revoked.
The Planning (Hazardous Substances) Regulations 1992
35.
- (1) Schedule 1 to the Planning (Hazardous Substances) Regulations 1992[74] (hazardous substances and controlled quantities) is amended as follows.
(2) For paragraph 50(1) of Part A (named substances), substitute -
(3) In paragraphs 4 and 5 of Part B (categories of substances and preparations not specifically named in Part A), for the words from "at a factory" to "Explosives Act 1875" in each paragraph substitute -
The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
36.
- (1) Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993[75] (hazardous substances and controlled quantities) is amended as follows.
(2) For paragraph 50(1) of Part A (named substances), substitute -
(3) In paragraphs 4 and 5 of Part B (categories of substances and preparations not specifically named in Part A), for the words from "at a factory" to "Explosives Act 1875" in each paragraph substitute -
The Coal and Other Safety Lamp Mines (Explosives) Regulations 1993
37.
For the definition of "explosives store" in regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993[76] (interpretation etc of Part 1), substitute -
The Placing on the Market and Transfer of Explosives Regulations 1993
38.
Regulation 12(1) and Part I of Schedule 4 to the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993[77] (modifications to the Explosives Act 1875) are revoked.
The Toys (Safety) Regulations 1995
39.
In Schedule 3 to the Toys (Safety) Regulations 1995[78], in the note at the end marked with an asterisk, for "Explosives Act 1875" substitute "Manufacture and Storage of Explosives Regulations 2005".
The Reporting of Injuries and Dangerous Occurrences Regulations 1995
40.
- (1) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995[79] shall be amended as follows.
(2) In Schedule 2 (dangerous occurrences) -
(aa) the unintentional explosion or ignition of explosives at a place other than a site described in sub-paragraph (1)(a), not being one -
(ii) at the end of paragraph 6(1)(e), insert "or from any intentional fire or ignition"; and
(iii) for paragraph 6(2), substitute -
(3) In Schedule 7 (enactments or instruments requiring the notification of events which are not required to be notified or reported under the Regulations), omit the entry relating to the Explosives Act 1875.
The Health and Safety (Enforcing Authority) Regulations 1998
41.
For regulation 4(7) of the Health and Safety (Enforcing Authority) Regulations 1998[80] (exceptions), substitute -
(8) The Executive shall be the enforcing authority for the 2005 Regulations in respect of the manufacture of ammonium nitrate blasting intermediate.
(9) A licensing authority which is a local authority shall be the enforcing authority for regulation 25 of the 2005 Regulations in the area of that local authority.
(10) The enforcing authority for regulation 6 of the 2005 Regulations where a person disposes of explosives or decontaminates explosive-contaminated items at a place other than at a site in relation to which a person has a licence to manufacture or store explosives under regulation 13 of the 2005 Regulations or is registered in respect of such storage under regulation 11 of those Regulations, shall be -
(11) For the purposes of paragraphs (7) to (10), "ammonium nitrate blasting intermediate", "disposes", "licence", "licensing authority", "registered" and "site" have the same meanings as they are given by regulation 2(1) of the 2005 Regulations and "deemed licence" and "deemed registration" have the same meanings as they are given by regulation 27(19) of those Regulations.".
The Quarries Regulations 1999
42.
For the definition of "explosives store" in regulation 2(1) of the Quarries Regulations 1999[81] (interpretation), substitute -
The Building Regulations 2000
43.
For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2000[82] (exempt buildings and works), substitute -
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004
44.
- (1) The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004[83] are amended as follows.
(2) In regulation 2(1) (interpretation), for the definition of "safe and secure place" substitute -
(3) Paragraph 5 of Schedule 13 (consequential amendments) is omitted.
The Health and Safety (Fees) Regulations 2005
45.
- (1) The Health and Safety (Fees) Regulations 2005[85] are amended as follows.
(2) In paragraph (2) of regulation 1 (citation, commencement and interpretation), for the definition of "renewal of approval" and "renewal of licence" substitute -
(3) In regulation 9 (fees payable under the Explosives Act 1875[86] and instruments made thereunder, under the Petroleum (Consolidation) Act 1928[87], the Petroleum (Transfer of Licences) Act 1936[88] and the Classification and Labelling of Explosives Regulations 1983[89]), substitute -
(1B) Where any application under a provision specified in column 1 of Part 1B of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.".
(f) after paragraph (8), insert -
(4) In Schedule 8 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983) -
1 | 2 | 3 | 4 |
Provision in relation to which the application is made | Purpose of application | Fee | Fee for work by Specialist Inspector |
The Manufacture and Storage of Explosives Regulations 2005 | |||
Regulation 9, as extended by regulation 2(2) of those Regulations to the manufacture of ammonium nitrate blasting intermediate | Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing | £557 | £ 115 per hour worked |
Licence to manufacture ammonium nitrate blasting intermediate | £137 per hour worked | ||
Licence to manufacture explosives by means of on-site mixing | £205 | £115 per hour worked | |
Renewal of any of the above licences | £73 | £115 per hour worked | |
Regulation 10 | Licence to store explosives | £557 | £115 per hour worked |
Renewal of licence | £73 | £115 per hour worked | |
Regulation 16 |
Varying a licence -
(b) to store explosives |
£381 | £115 per hour worked |
Varying a licence to manufacture ammonium nitrate blasting intermediate | £137 per hour worked | ||
Regulation 20 | Transfer of licence | £47 | |
Replacement of any of the licences referred to in this Part if lost | £47 |
1 | 2 | 3 |
Provision under which application made | Purpose of application | Fee |
The Manufacture and Storage of Explosives Regulations 2005 | ||
Regulation 10 | Licence to store explosives: | |
(see Notes 1 to 3) | (a) one year's duration | £100 |
(b) two years' duration | £150 | |
(c) three years' duration | £200 | |
Renewal of a licence: | ||
(a) one year's duration | £75 | |
(b) two years' duration | £125 | |
(c) three years' duration | £175 | |
Regulation 11 (see Notes 1 to 3 ) |
Registration in relation to the storage of explosives: | |
(a) one year's duration | £60 | |
(b) two years' duration | £90 | |
(c) three years' duration | £120 | |
Renewal of registration: | ||
(a) one year's duration | £30 | |
(b) two years' duration | £60 | |
(c) three years' duration | £90 | |
Regulation 16 | Varying a licence: | |
(a) varying name of licensee or address of site | £30 | |
(b) any other kind of variation | the reasonable cost to the licensing authority of having the work carried out | |
Regulation 20 | Transfer of licence or registration | £30 |
Replacement of licence or registration referred to above if lost | £30 |
2.
The fee payable for -
3.
The fee payable for -
of more than two but less than three years' duration shall be, respectively, the fee set above for a licence, registration or renewal of a licence or registration of two years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted.";
1 | 2 | 3 |
Provision under which a fee is payable | Purpose of application | Fee |
Regulation 4 of the Control of Explosives Regulations 1991 | Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a registration | £165 |
Renewal of the above certificate | £135 | |
Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives | £175 | |
Renewal of the above certificate | £160 | |
Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives | £225 | |
Renewal of the above certificate | £200 | |
Replacement of any of the above certificates if lost | £30 |
The fee for a check carried out for the purposes of regulation 4(6)(d) of the Control of Explosives Regulations 1991 shall be £5" |
1 | 2 | 3 |
Title | Reference | Extent of repeal |
Explosives Act 1875. | c.17. |
Sections 4 to 22, 24, 26 to 29, 35, 36, 38, 40 and 41. In section 43, ", either absolutely, or except in pursuance of a license of the Health and Safety Executive under this Act". Sections 44 to 51, 58, 60, 63 and 64. In section 67, "except as hereafter in this section mentioned," in paragraph (1), paragraph (4) and the word "and" preceding it. Sections 70 to 72, 77, 78 and 82. In section 83, the words ", and a Secretary of State may by order", "or orders of the Secretary of State, as the case may be," and the words from "The provisions of section 50" to the end. Sections 84 and 86. In section 91, the words from "Provided that" to "exceed one month". In section 97, paragraphs (3) and (4) and the words from "Provided that" to the end. Sections 98 and 101. In section 102, the words from "A continuing certificate" to the end. Sections 103, 105 and 106. In section 108 -
(b) in the definition of "store", the words "an existing gunpowder store as defined by this Act, or" and "licensed by a license granted by a local authority under this Act"; and (c) the definitions of "existing", "factory magazine", "harbour authority", "canal company", "railway company", "safety cartridges" and "Gunpowder Act 1860".
Section 109(11). |
Explosives Act 1923. | c.17. | The whole Act. |
Acquisition of Land (Authorisation Procedure) Act 1946*. | c.49. | In Schedule 4, the entry relating to the Explosives Act 1875. |
National Parks and Access to the Countryside Act 1949*. | c.97. | Section 80(5) and (6). |
Fireworks Act 1951[91]*. | c.58. |
In section 1(1) and (2), ", magazine" in each place where it occurs. Sections 2(6), 4, 5(5) and 7. |
Emergency Laws (Miscellaneous Provisions) Act 1953[92]*. | c.47. |
Section 3. In section 12(3), the words "three or". In section 13, the word "three". |
London Government Act 1963*. | c.33. | Section 50(1) and (3). |
Public Expenditure and Receipts Act 1968*. | c.14. | In Schedule 3, entry number 4. |
Port of London Act 1968*. | c.32. | Section 166. |
Health and Safety at Work etc. Act 1974. | c.37. | In Schedule 1, the entries relating to the Explosives Act 1923, the Fireworks Act 1951 and the Emergency Laws (Miscellaneous Provisions) Act 1953. |
Isle of Man Act 1979* | c.58. | In section 8(2)(b), the final "or". |
Roads (Scotland) Act 1984*. | c.54. | In Schedule 9, paragraph 7(2). |
Merchant Shipping Act 1995*. | c. 21. | In Schedule 13, paragraph 5. |
Criminal Procedure (Scotland) Act 1995*. | c.46. |
In Schedule 5, the entries for the forms of complaint relating to -
(b) the Explosives Act 1875, section 22 and section 3, subsection (1), Mode B, of the Order in Council dated 26th October 1896. |
1 | 2 | 3 |
Title | Reference | Extent of revocation |
Order in Council (No. 1) Classifying Explosives. |
5th August 1875 (Rev. VII, p.1). |
The whole Order. |
Order in Council (No. 2) Making General Rules for Factories for Explosives other than Gunpowder. |
27th November 1875 (Rev. VII, p.10). |
The whole Order. |
Order in Council (No. 3) Relating to Magazines for Explosives other than Gunpowder, whether with or without Gunpowder. |
27th November 1875 (Rev. VII, p. 10). |
The whole Order. |
Order in Council (No. 4) Relating to Small Firework Factories. |
27th November 1875 (Rev. VII, p.14). |
The whole Order. |
Order in Council (No. 5) Relating to Stores for Gunpowder Exclusively. |
27th November 1875 (Rev. VII, p.22). |
The whole Order. |
Order in Council (No. 6) Relating to Stores for Mixed Explosives. |
27th November 1875 (Rev. VII, p.26). |
The whole Order. |
Order in Council (No. 9) Relating to the Sale of Explosive. |
27th November 1875 (Rev. VII, p.39). |
The whole Order. |
Order in Council (No. 11) Respecting Notice to be Given of Accidents Connected with the Conveyance of Explosives other than Gunpowder. |
27th November 1875 (Rev. VII, p. 42). |
The whole Order. |
Order of Secretary of State (No. 1) Applying General Rules to Floating Magazines for Gunpowder. |
27th November 1875 (Rev. VII, p. 68). |
The whole Order. |
Order of Secretary of State (No. 2) Applying General Rules to Floating Magazines for Explosives other than Gunpowder, whether with or without Gunpowder. |
27th November 1875 (Rev. VII, p. 70). |
The whole Order. |
Order of Secretary of State as to Notice by Applicant for Factory or Magazine Licence. |
20th May 1876 (Rev. VII, p. 85). |
The whole Order. |
Order in Council (No. 6A) Amending Order in Council (No.6) of the 27th November 1875 Relating to Stores Licensed for Mixed Explosives. |
20th April 1883 (Rev.VII p. 34). |
The whole Order. |
Order in Council (No. 1A) Substituting New Provisions for those of Class 7 in the Order in Council of August 5, 1875, as to the Classification of Explosives. |
12th December 1891 (noted Rev. VII, p.1). |
The whole Order. |
Order in Council (No. 15) Prohibiting Fireworks Consisting of or Containing Sulphur in Admixture with Chlorate of Potassium or other Chlorate. | S.R. & O. 1894/517. | The whole Order. |
Order in Council (No. 16) Repealing and Consolidating the Previous Orders Relating to Premises Registered for Mixed Explosives. | S.R. & O. 1896/964. | The whole Order. |
Order in Council (No. 19) Relating to the Importation, Keeping, Conveyance, or Sale of Fireworks. | S.R. & O. 1905/8. | The whole Order. |
Order in Council (No. 16A) Varying the Order in Council (No.16) of October 26, 1896 Relating to Premises Registered for Mixed Explosives. |
S.R. & O. 1906/380. | The whole Order. |
Order in Council (No. 16B) Amending Order in Council of October 26, 1896 (No. 16) Relating to the Keeping of Mixed Explosives on Registered Premises. |
S.R. & O. 1912/1861. | The whole Order. |
Order in Council (No. 1B) Amending Order in Council of August 5, 1875 (No. 1) Relating to the Classification of Explosives. | S.R. & O. 1913/481. | The whole Order. |
Order of Secretary of State (No. 2A) Amending Order of Secretary of State (No. 2) of November 1875 Applying General Rules to Floating Magazines for Explosives Other than Gunpowder. | S.R. & O. 1923/926. | The whole Order. |
Order in Council (No. 2A) Amending the Order in Council of November 27, 1875 (No. 2), making General Rules for Factories for Explosives other than Gunpowder. | S.R. & O. 1923/1297. | The whole Order. |
Order in Council (No. 3A) Amending the Order in Council of November 27, 1875 (No. 3) , as to Magazines for Explosives Other than Gunpowder, whether with or without Gunpowder. | S.R. & O. 1923/1298. | The whole Order. |
Order in Council (No. 4A) Amending the Order in Council of November 27, 1875 (No. 4) as to Small Firework Factories. | S.R. & O. 1923/1299. | The whole Order. |
Order in Council (No. 6D) Amending the Order in Council of November 27, 1875 (No. 6), as to Stores Licensed for Mixed Explosives. | S.R. & O. 1923/1300. | The whole Order. |
Order of the Secretary of State (No. 10), Dated January 18, 1924, Relating to the Processes in which Young Persons May Be Employed in Danger Buildings. | S.R. & O. 1924/55. | The whole Order. |
Order of the 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 Order except paragraph 3 and the second paragraph of paragraph 5. |
Order in Council (No. 27) (the Explosives (Di-Nitro-Phenol and Di-Nitro-Phenolate) Order, 1927. | S.R. & O. 1927/594. | The whole Order. |
Order in Council (No. 29) (The Liquid Oxygen Explosives Order, 1928). | S.R. & O. 1928/1045. | The whole Order. |
Order of Secretary of State (No. 11A), Dated December 11, 1939, Relating to the Conveyance of Detonators and Electric Detonators with other Explosive. | S.R. & O. 1939/1787. | The whole Order. |
Order of Secretary of State (No. 11C), Dated August 24, 1943, Making a Byelaw Relating to the Conveyance of Explosives in a Carriage or Boat whilst Carrying or Plying for Public Passengers. | S.R. & O. 1943/1252. | The whole Order. |
Order of Secretary of State (No. 11D), Dated February 7, 1944, Altering the Byelaws Relating to the Conveyance of Detonators and Electric Detonators with other Explosive and to the Quantity of Explosive which may be Conveyed in any one Carriage. | S.R. & O. 1944/139. | The whole Order. |
The Conveyance of Explosives Byelaws 1951. | S.I. 1951/869. | The whole Byelaws. |
The Stores for Explosives Order 1951. | S.I. 1951/1163. | The whole Order. |
The Magazines for Explosives Order 1951. | S.I. 1951/1164. | The whole Order. |
The Stores for Explosives Order 1953. | S.I. 1953/1197. | The whole Order. |
The Conveyance of Explosives Byelaws 1958. | S.I. 1958/230. | The whole Order. |
The Keeping of Fireworks Order 1959. | S.I. 1959/1311. | The whole Order. |
The Ammonium Nitrate Mixtures Exemption Order 1967. | S.I. 1967/1485. | The whole Order. |
The Classification and Labelling of Explosives Regulations 1983. | S.I. 1983/1140. | Regulation 11. |
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004. | S.I. 2004/568. | Paragraph 5 of Schedule 13. |
[3] 1875 c.17 (38 & 39 Vict.); relevant amending instruments are S.I.1974/1885 and 1987/52.back
[4] S.I. 1991/1531, to which there are amendments not relevant to these Regulations.back
[6] 1964 c.40; "harbour authority" is defined in section 57(1).back
[8] ISBN 92 - 1 - 1390680.back
[9] 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 British Transport Commission Act 1949 (12 & 13 Geo c. xxix).back
[11] The United Kingdom Atomic Energy Authority ("UKAEA") nominates persons to be special constables under section 3 of the Special Constables Act 1923 (c.11) as extended by paragraph 1 of the second Schedule to the Emergency Laws (Miscellaneous Provisions) Act 1947 (c.10), Schedule 3 to the Atomic Energy Authority Act 1954 (c.32) and Schedule 1, paragraph 4, to the Nuclear Installations Act 1965 (c. 57). The power of this Authority so to nominate special constables is prospectively repealed by the Energy Act 2004, section 197(9) and Schedule 23; section 52(1) of that Act provides, as of 1st March 2005, for the Civil Nuclear Police Authority to secure the maintenance of an efficient and effective constabulary to be known as the Civil Nuclear Constabulary; this constabulary is to replace the special constables nominated by UKAEA.back
[14] Current edition (1997): ISBN 92-1-139057 5.back
[16] 1985 c.6; section 736 is substituted by the Companies Act 1989 (c. 40), section 144(1).back
[18] S.I 1987/37, to which there are amendments not relevant to these Regulations.back
[19] 1996 c.16; section 15 is amended by the Greater London Authority Act 1999 (c.29) section 325 and Schedule 27, paragraph 74(1) to (4); section 101(1) is amended by the Greater London Authority Act 1999, sections 312(1)(a) and (b), (2) and (3), 423 and Schedule 34, Part VII and the Anti-terrorism, Crime and Security Act 2001, section 101, Schedule 7, paragraphs 20 and 27.back
[20] 1967 c.77; section 9 is amended by the Police and Magistrates' Courts Act 1994 (c.29), section 49, and by the Criminal Justice (Scotland) Act 2003 (asp7), section 76(1) to (3).back
[21] 1967 c.77; section 4(3) is repealed by the Local Government (Scotland) Act 1973, sections 146(4), 237(1) and Schedule 29.back
[23] S.I. 1995/738, amended by S.I. 2002/2175.back
[24] By virtue of section 84(1) of the Health and Safety at Work etc. Act 1974, Parts I and IV of the Act extend to Northern Ireland "so far as may be necessary to enable regulations under section 15 to be made and operate for the purpose mentioned in paragraph 2 of Schedule 3", which includes, as a subject matter for such regulations, prohibiting the import into the United Kingdom of articles or substances of any specified description.back
[25] 1990 c. 8; Part I was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c.28) section 187(1) and Schedule 21, paragraphs 28 and 29, the Local Government (Wales) Act 1994 (c.19) sections 18(2) to (6), 19(1) and (4) and 66(8) and Schedule 18, and the Environment Act 1995 (c.25) sections 67(1), 78 and 120(1) and (3) and Schedule 10, paragraph 32(1) and (2) and Schedule 24.back
[26] ISBN 92 - 1 - 1390680.back
[27] 1974 c.37; section 44 is amended by the Employment Protection Act 1975 (c.71), sections 116 and 125(3), Schedule 15, paragraph 13 and Schedule 18 and by the Tribunals and Inquiries Act 1992 (c.53), section 18(1) and Schedule 3, paragraph 9.back
[28] By virtue of section 15 of, and paragraph 2(1) of Schedule 3 to, the 1974 Act, Regulations under section 15 can specify, in a case where an act or omission in relation to importation of articles or substances of any specified description constitutes an offence under the 1974 Act and the Customs and Excise Acts 1979, the Act under which the offence is to be punished.back
[30] 1875 c.17 (38 & 39 Vict. ); section 97 was amended by the Statute Law Revision (No. 2) Act 1893 (56 & 57 Vict. c.14), the Statute Law Revision Act 1966 (c.5), S.I 1964/488 and 1989/615.back
[32] Section 6 was amended by the Explosives Acts 1875 and 1923 etc (Repeals and Modifications) Regulations 1974 (S.I. 1974/1885).back
[35] S.I. 1991/1531; amended by S.I. 1993/2714.back
[37] S.I. 19911531, to which there are amendments not relevant to these Regulations.back
[38] 1990 c.8. Section 1 is amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c.28), section 187(1) and Schedule 21, paragraph 28, the Local Government Wales Act 1994 (c.19) sections 18(2) - (6), 66(8) and Schedule 18 and the Environment Act 1995 (c.25), sections 78 and 120(3) and Schedule 10, paragraph 32(1) and Schedule 24. Section 2 is amended by the Local Government (Wales) Act 1994, sections 19(1), (4) and 66(8) and Schedule 18 and the Environment Act 1995, sections 78, 120(1) and (3) and Schedule 10, paragraph 32(2) and Schedule 22, paragraph 42, and Schedule 24.back
[42] 1946 c. 49 (9 & 10 Geo. 6.).back
[44] 1951 c.58 (14 & 15 Geo.6); amended by the Criminal Justice Act 1982 (c. 48), sections 38, 40 and 46, and S.I.1974/1885. Sections 1, 2, 5 and 9 are modified by virtue of section 80(1) of the 1974 Act. Sections 4 and 7 are "existing statutory provisions" within the meaning of section 53 of the 1974 Act and are repealed by virtue of section 15(3)(a) of that Act.back
[45] 1953 c. 47. Section 12 is modified by virtue of section 80(1) of the 1974 Act. Section 3 is an "existing statutory provision" within the meaning of section 53 of the 1974 Act and is modified by virtue of section 15(3)(a) of that Act.back
[48] 1968 c.29; subsection (2) was inserted by the Weights and Measures Act 1985 (c. 72), section 97, Schedule 12, paragraph 4(2).back
[49] 1968 c. 32; section 166 was partially repealed by S.I. 1987/37, regulation 47(5) and Part II of Schedule 8.back
[50] 1971 c. 40. Schedule 2 was inserted by section 16(2) of and Schedule 1 to the Fire Safety and Safety of Places of Sport Act 1987 c. 27.back
[52] 1990 c. 43. Section 30 of the Control of Pollution Act 1974 is prospectively repealed by Schedule 16 of the Environmental Protection Act 1990.back
[61] S.R. & O. 1937/54, amended by S.R & O. 1947/805 and S.I. 1978/1723.back
[62] S.I. 1956/1943, to which there are amendments not relevant to these Regulations.back
[63] S.I. 1959/2258, to which there are amendments not relevant to these Regulations.back
[65] S.I. 1975/1023, to which there are amendments not relevant to these Regulations.back
[66] S.I. 1976/2003, to which there are amendments not relevant to these Regulations.back
[67] S.I. 1979/72, to which there are amendments not relevant to these regulations.back
[68] S.I. 1982/1357, amended by S.I. 2002/2979; there are other amending instruments but none is relevant.back
[69] S.I. 1983/1140, to which there are amendments not relevant to these Regulations.back
[70] S.I. 1987/37, to which there are amendments not relevant to these Regulations.back
[71] S.I. 1990/2179, amended by S.I. 1999/173; there are other amending instruments but none is relevant.back
[72] S.I. 1991/1531, to which there are amendments not relevant to these Regulations.back
[73] 1968 c.67; subsections (3A) to (3C) were inserted by the Animal Health and Welfare Act 1984 (c.40), section 13(2); subsections (4), (6), and (9) were amended by that Act, Schedule 1, paragraph 3 and Schedule 2; subsection (7) was repealed by that Act, Schedule 1, paragraph 3 and Schedule 2; Subsection (5) was amended, and subsection (5A) was inserted, by S.I. 1994/3119; the meaning of "medicinal product" was modified by S.I. 1994/3144. Sections 104(1) and 105(1) were amended by S.I. 1994/1031.back
[74] S.I. 1992/656, amended by S.I. 1999/981; there are other amending instruments but none is relevant.back
[75] S.I. 1993/323, amended by S.S.I. 2000/179; there are other amending instruments but none is relevant.back
[76] S.I. 1993/208, to which there are amendments not relevant to these Regulations.back
[78] S.I. 1995/204, to which there are amendments not relevant to these Regulations.back
[79] S.I.1995/3163, amended by S.I.1996/2092; there are other amending instruments but none is relevant.back
[80] S.I. 1998/494, to which there are amendments not relevant to these regulations.back
[81] S.I. 1999/2024, to which there are amendments not relevant to these Regulations.back
[82] S.I. 2000/2531, to which there are amendments not relevant to these Regulations.back
[89] S.I. 1983/1140, to which there are amendments not relevant to these Regulations.back
[90] S.I. 1991/1531, to which there are amendments not relevant to these Regulations.back
[91] The repeal of the provisions in sections 2 and 5 is effected under section 80(1) of the 1974 Act. Sections 4 and 7 are "existing statutory provisions" within the meaning of section 53 of the 1974 Act and are repealed by virtue of section 15(3)(a) of that Act.back
[92] The repeal of the provisions in sections 12 and 13 is effected under section 80(1) of the 1974 Act. Section 3 is an "existing statutory provision" within the meaning of section 53 and is repealed by virtue of section 15(3)(a) of that Act.back