The Manufacture and Storage of Explosives Regulations 2005

Regulation 28(1)

SCHEDULE 5AMENDMENTS

PART 1AMENDMENTS TO PRIMARY LEGISLATION

Explosives Act 1875

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

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

“Precautions against unauthorised access

23.—(1) The occupier of every premises at which gunpowder is manufactured or stored shall take all due precaution for preventing unauthorised persons having access to the premises or to the gunpowder therein.

(2) In the event of any breach (by any act or default) of subsection (1), the occupier shall be guilty of an offence.

(3) In this section, “premises” has the meaning given in section 53 of the Health and Safety at Work etc. Act 1974.”.

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

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

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

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

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

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

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

(b)after paragraph (1), insert —

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

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

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

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

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

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

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

(9) Omit sections 84 and 86.

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

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

(12) Omit sections 98 and 101.

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

(14) Omit sections 103, 105 and 106.

(15) In section 108 (general definitions) —

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

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

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

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

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

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

(19) Omit section 113.

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

(21) Omit Schedule 1.

Celluloid and Cinematograph Film Act 1922

2.  In section 9 of the Celluloid and Cinematograph Film Act 1922(1) (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(2) is repealed.

London Building Act 1930

4.  In section 143(4)(a) of the London Building Act 1930(3) (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(4) (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(5) (provisions as to danger areas), omit subsections (5) and (6).

Fireworks Act 1951

7.—(1) The Fireworks Act 1951(6) is amended as follows.

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

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

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

(b)in subsection (3) —

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

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

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

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

(d)omit subsection (6).

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

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

(a)omit subsection (5); and

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

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

(7) For section 9 (interpretation) substitute —

“Interpretation

9.  In this Act —

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

“explosives” has the same meaning as in the Explosives Act 1875;

“factory” means any place at which explosives are manufactured under a licence granted under regulation 13 of the 2005 Regulations;

“occupier”, in the case of any manufacture, includes any person carrying on such manufacture; and

“store” means any place at which explosives are stored —

Emergency Laws (Miscellaneous Provisions) Act 1953

8.—(1) The Emergency Laws (Miscellaneous Provisions) Act 1953(7) 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(8) (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(9) (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(10) (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(11), omit section 166 (dangerous goods byelaws).

Fire Precautions Act 1971

13.  In Schedule 2 to the Fire Precautions Act 1971(12) (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(13) (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(14) the definition of “waste” in section 30 of the Control of Pollution Act 1974(15) 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(16) (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(17) (removal of goods to the United Kingdom) is amended as follows.

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

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

(4) After sub-paragraph (c) insert —

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

Roads (Scotland) Act 1984

18.  In paragraph 7 of Schedule 9 to the Roads (Scotland) Act 1984(18) (minor and consequential amendments), omit sub-paragraph (2).

Environmental Protection Act 1990

19.—(1) The Environmental Protection Act 1990(19) 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(20) (consequential amendments), omit paragraph 5.

Criminal Procedure (Scotland) Act 1995

21.  In Schedule 5 to the Criminal Procedure (Scotland) Act 1995(21), omit the entries for the forms of complaint relating to —

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

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

PART 2AMENDMENTS TO SECONDARY LEGISLATION

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

22.  In the Factory and Workshop Act 1901, use of locomotives and wagons on lines and sidings, Regulations 1906(22) —

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

Order in Council No. 30 dated 2nd February 1937

23.  After the proviso in Order in Council No. 30 dated 2nd February 1937(23), insert —

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

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

24.  In regulation 5 of Part III of the Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956(24) (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(25) (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(26) (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(27) is amended as follows.

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

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

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

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

The Fire Certificates (Special Premises) Regulations 1976

28.  For paragraph 10 of Part I of Schedule 1 to the Fire Certificates (Special Premises) Regulations 1976(28) (designation of certain premises), substitute —

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

The Isle of Scilly (Functions) Order 1979

29.  In article 3(e) of the Isles of Scilly (Functions) Order 1979(29) (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(30) (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(31) 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(32) (explosives)—

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

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

“(e)a berth which forms part of a site —

(i)licensed under the Manufacture and Storage of Explosives Regulations 2005 in cases where, in relation to the application for that licence, the assent of the local authority was required pursuant to regulation 13(3) of those Regulations; or

(ii)which is deemed to be licensed under those Regulations by virtue of regulation 27 of those Regulations in cases where, in relation to that deemed licence, the assent of the local authority would have been required pursuant to regulation 13(3) of those Regulations had the licence been applied for under those Regulations;”.

The Building Standards (Scotland) Regulations 1990

33.  In Schedule 1 to the Building Standards (Scotland) Regulations 1990(33) (exempted classes of building), in relation to class 1, for the description in column (2), substitute —

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

The Control of Explosives Regulations 1991

34.—(1) The Control of Explosives Regulations 1991(34) are amended as follows.

(2) In regulation 2 (interpretation) —

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

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

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

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

“desensitised explosive” means —

to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;;”;

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

““explosive” means —

but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;;”;

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

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

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

““explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is —

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q)omit the definition of “store”;

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

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

“and

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

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

(4) In regulation 4 (explosives certificate) —

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

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

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

(i)it is not reasonably practicable for the applicant to be an occupier of a site for the storage of explosives for which he would be required under the 2005 Regulations to have a licence or be registered in respect of that storage, and

(ii)the explosives either will not be kept, or, if kept, the applicant will ensure that they are kept at a site where such storage is permitted pursuant to a licence or registration or at a site occupied by the Secretary of State for Defence; and

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

(i)the applicant is or is to be the occupier of a site for the storage of explosives in respect of which storage there is or will be a licence or registration in force; or

(ii)the explosives will be kept at a site occupied on behalf of the Crown, or

(iii)in the case where the applicant does not hold a licence in respect of the storage of the explosives, no licence is required to be held by the applicant in respect of that storage by virtue of regulation 10(2) of the 2005 Regulations.”;

(c)paragraph (7) is revoked;

(d)after paragraph (9) insert —

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

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

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

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

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

(b)for paragraph (2), substitute —

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

(c)after paragraph (3), add —

“(4) This regulation does not apply to a desensitised explosive which is a medicinal product as defined in section 130 of the Medicines Act 1968(35) nor a substance specified in an order made under section 104 or 105 of that Act which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance as such provisions have effect in relation to medicinal products within the meaning of that Act.”.

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

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

“Licensed occupier to appoint person responsible for security of explosives

11.—(1) An person who occupies a site and who has —

(a)a licence for the manufacture or storage of explosives at that site which was granted by the Executive in a case where the assent of the local authority was required pursuant to regulation 13(3) of the 2005 Regulations; or

(b)a deemed licence which, if an application for a licence would have been made under the 2005 Regulations in respect of the manufacture or storage of explosives to which the deemed licence relates, that application would have required the assent of the local authority pursuant to regulation 13(3) of those Regulations,

shall appoint one individual to be responsible to him for ensuring that adequate precautions are taken at that site to secure explosives against loss.

(2) For the purposes of paragraph (1) —

“deemed licence” means —

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

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

(b)for paragraph (4)(c), substitute —

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

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

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

(12) For Schedule 1 (exceptions) substitute —

Regulation 3

“SCHEDULE 1EXCEPTIONS

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

Regulation 4

“SCHEDULE 2FORM OF EXPLOSIVES CERTIFICATE

”.

(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(36) (hazardous substances and controlled quantities) is amended as follows.

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

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

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

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

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

36.—(1) Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993(37) (hazardous substances and controlled quantities) is amended as follows.

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

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

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

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

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

37.  For the definition of “explosives store” in regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993(38) (interpretation etc of Part 1), substitute —

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

The Placing on the Market and Transfer of Explosives Regulations 1993

38.  Regulation 12(1) and Part I of Schedule 4 to the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993(39) (modifications to the Explosives Act 1875) are revoked.

The Toys (Safety) Regulations 1995

39.  In Schedule 3 to the Toys (Safety) Regulations 1995(40), 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(41) shall be amended as follows.

(2) In Schedule 2 (dangerous occurrences) —

(a)in Part I (general) —

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

“(a)any unintentional fire, explosion or ignition at a site —

(i)where explosives are manufactured by a person who holds a licence, or who does not hold a licence but is required to, in respect of that manufacture under the Manufacture and Storage of Explosives Regulations 2005; or

(ii)where explosives are stored by a person who holds a licence or is registered, or who is not licensed but is required to be in the absence of any registration, in respect of that storage under those Regulations;

(aa)the unintentional explosion or ignition of explosives at a place other than a site described in sub-paragraph (1)(a), not being one —

(i)caused by the unintentional discharge of a weapon where, apart from that unintentional discharge, the weapon and explosives functioned as they were designed to do; or

(ii)where a fail-safe device or safe system of work functioned so as to prevent any person from being injured in consequence of the explosion or ignition;”;

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

(iii)for paragraph 6(2), substitute —

“(2) In this paragraph —

“danger zone” means the area from which persons have been excluded or forbidden to enter to avoid being endangered by any explosion or ignition of explosives; and

“explosives” has the same meaning as in the Manufacture and Storage of Explosives Regulations 2005.”.

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

The Health and Safety (Enforcing Authority) Regulations 1998

41.  For regulation 4(7) of the Health and Safety (Enforcing Authority) Regulations 1998(42) (exceptions), substitute —

“(7) Notwithstanding the preceding provisions of this regulation and subject to paragraphs (8) to (10), a licensing authority shall be the enforcing authority for the Manufacture and Storage of Explosives Regulations 2005 (“the 2005 Regulations”) and section 23 of the Explosives Act 1875 —

(a)for a site in relation to which it has granted a person a licence for the manufacture or storage of explosives at that site under regulation 13 of the 2005 Regulations or registered a person in respect of such storage at that site under regulation 11 of those Regulations;

(b)where, in relation to a deemed licence or deemed registration, it would have been the licensing authority by virtue of paragraph 1 of Schedule 1 to the 2005 Regulations if an application for a licence or registration had been made under those Regulations; and

(c)where, in any other case than those referred to in sub-paragraphs (a) and (b)—

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

(ii)it would have been the licensing authority had not the requirements of regulation 9(1) or, as the case may be, 10(1) been disapplied by virtue of any of the provisions of, respectively, regulation 9(2) or 10(2) applying in the case concerned.

(8) The Executive shall be the enforcing authority for the 2005 Regulations in respect of the manufacture of ammonium nitrate blasting intermediate.

(9) A licensing authority which is a local authority shall be the enforcing authority for regulation 25 of the 2005 Regulations in the area of that local authority.

(10) The enforcing authority for regulation 6 of the 2005 Regulations where a person disposes of explosives or decontaminates explosive-contaminated items at a place other than at a site in relation to which a person has a licence to manufacture or store explosives under regulation 13 of the 2005 Regulations or is registered in respect of such storage under regulation 11 of those Regulations, shall be —

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

(b)subject to sub-paragraph (a), where the local authority is by virtue of the Health and Safety (Enforcing Authority) Regulations 1998 the enforcing authority for the premises or part of premises at which the disposal or decontamination is carried out, the local authority; or

(c)in any other case, the Executive.

(11) For the purposes of paragraphs (7) to (10), “ammonium nitrate blasting intermediate”, “disposes”, “licence”, “licensing authority”, “registered” and “site” have the same meanings as they are given by regulation 2(1) of the 2005 Regulations and “deemed licence” and “deemed registration” have the same meanings as they are given by regulation 27(19) of those Regulations.”.

The Quarries Regulations 1999

42.  For the definition of “explosives store” in regulation 2(1) of the Quarries Regulations 1999(43) (interpretation), substitute —

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

The Building Regulations 2000

43.  For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2000(44) (exempt buildings and works), substitute —

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

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

44.—(1) The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(45) are amended as follows.

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

““safe and secure place” means a safe and secure place within a site —

(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(47) are amended as follows.

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

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

(3) In regulation 9 (fees payable under the Explosives Act 1875(48) and instruments made thereunder, under the Petroleum (Consolidation) Act 1928(49), the Petroleum (Transfer of Licences) Act 1936(50) and the Classification and Labelling of Explosives Regulations 1983(51)), substitute —

(a)after paragraph (1), insert —

“(1A) Where any application in relation to a provision specified in column 1 of Part 1A of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive, save that —

(a)in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate, or to vary any such licence, the fee —

(i)referred to in column 3 of that Part as an amount per hour, shall be adjusted pro rata for a period worked of less than one hour; and

(ii)shall be payable prior to notification of the result of the application.

(1B) Where any application under a provision specified in column 1 of Part 1B of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.”.

(b)for paragraph (3), substitute —

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

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

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

(e)in paragraph (8) —

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

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

(f)after paragraph (8), insert —

“(9) Where any application in relation to the provision specified in column 1 of Part 7 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the chief officer of police.

(10) Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991(52), a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 to Part 7 of Schedule 8.

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

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

(b)“ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “on-site mixing”, “registered” and “registration” have the same meanings as in the 2005 Regulations; and

(c)“chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings respectively as in the Control of Explosives Regulations 1991.”.

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

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

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

“PART 1AAPPLICATIONS FOR LICENCES, OR VARIATIONS OF LICENCES, TO MANUFACTURE OR STORE EXPLOSIVES MADE TO THE EXECUTIVE WHERE IT IS THE LICENSING AUTHORITY BY VIRTUE OF PARAGRAPHS 1(b) OR (c) OR 2 OF SCHEDULE 1 TO THE MANUFACTURE AND STORAGE OF EXPLOSIVES REGULATIONS 2005

PART 1BAPPLICATIONS FOR LICENCES TO STORE EXPLOSIVES AND FOR REGISTRATION IN RELATION TO THE STORAGE OF EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPH 1(a) OF SCHEDULE 1 TO THE MANUFACTURE AND STORAGE OF EXPLOSIVES REGULATIONS 2005

Notes:

1.  The fee payable for —

(a)a licence,

(b)registration, or

(c)renewal of a licence or registration,of less than one year’s duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration, of one year’s duration decreased proportionately according to the duration of the period for which the licence, registration or renewal of either is granted.

2.  The fee payable for—

(a)a licence,

(b)registration, or

(c)renewal of a licence or registration,of more than one but less than two years' duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration of one year’s duration increased proportionately according to the duration of the period for which the licence, registration or a renewal of either is granted.

3.  The fee payable for —

(a)a licence,

(b)registration, or

(c)renewal of a licence or registration,

of more than two but less than three years' duration shall be, respectively, the fee set above for a licence, registration or renewal of a licence or registration of two years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted.”;

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

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

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

(f)after Part 6, insert —

“PART 7FEES FOR EXPLOSIVES CERTIFICATES UNDER THE CONTROL OF EXPLOSIVES REGULATIONS 1991