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

The Manufacture and Storage of Explosives Regulations 2005E+W+S

4.—(1) The Manufacture and Storage of Explosives Regulations 2005 M1 are amended as follows.

(2) In regulation 2 —

(a)in paragraph (1), in the definition of “registration”, after “regulation 11” insert “ and includes a varied registration ”; and

(b)in paragraph (9), omit the words from “and includes” to the end.

(3) For sub-paragraph (f) of regulation 3(2), substitute —

“(f)the storage of explosives below ground at a mine, where the explosives are for use at that mine for the getting of minerals or ensuring the safety of the mine.”.

(4) In regulation 5 —

(a)for paragraph (2), substitute —

“(2) Paragraph (1) shall not apply to —

(a)desensitised explosives; or

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

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

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

(b)in paragraph (3) —

(i)for “sub-paragraph (b)”, substitute “ sub-paragraphs (b) and (d) ”;

(ii)after sub-paragraph (a), insert —

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

(iii)for sub-paragraph (d)(i), substitute —

“(i)4 kilograms of explosive kept for operational purposes, including ordnance disposal and the training of dogs for the detection of explosives; or”; and

(iv)in subparagraph (d)(ii), insert “ solely ” after “kept”;

(c)in paragraph (6), after “applies” insert “ or a case to which that paragraph does not apply by virtue of regulation 13(4)(f) ”; and

(d)after paragraph (7), insert —

“(8) In this regulation, “model rocket motors” means explosive articles which —

(a)are allocated the U.N. no. 0186, 0272, 0349, 0351 or 0471;

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

(c)in respect of each individual explosive article, contain no more than 1 kilogram of explosive.”.

(5) In regulation 7, for “between the age of 16 years and” substitute “ under ”.

(6) In regulation 9(2)(j), omit “terms and”.

(7) In regulation 10 —

(a)in paragraph (2)(e) and (f), before “days” wherever it appears insert “ consecutive ”;

(b)for paragraph (2)(h), substitute —

“(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 —

(i)a registration, or

(ii)a licence to store explosives,

and that storage by the wholly-owned subsidiary is in accordance with any term of that registration or condition of that licence.”; and

(c)in paragraph (3) —

(i)in sub-paragraph (a), omit “and” at the end;

(ii)in sub-paragraph (b), omit “or explosive articles” and at the end add “ and ”; and

(iii)after sub-paragraph (b), insert —

“(c)in sub-paragraphs (e) and (f), Christmas Day, Good Friday and, to the extent they are not the same as those, any day which under the Banking and Financial Dealings Act 1971 M2 is a bank holiday shall not be included for the purposes of determining the period of days referred to in those sub-paragraphs.”.

(8) In regulation 11 —

(a)for paragraph (4), substitute —

“(4) A registration, not being a renewal of a registration, granted by a licensing authority which is a local authority shall remain in force for such period not exceeding two years as the licensing authority determines.

(4A) A registration, not being a renewal of a registration, granted by a licensing authority which is a chief officer of police or the Executive shall remain in force for such period not exceeding five years as that licensing authority determines, save that, where the applicant for registration has been granted an explosives certificate, the registration shall remain in force for any period not exceeding the due expiry date of that explosives certificate.”;

(b)in paragraph (5), omit “the exceptions listed in”;

(c)in paragraph (7), after “manufacture of explosives” insert “ , other than manufacture not requiring a licence by virtue of regulation 9(2), ”;

(d)in paragraph (8), omit “or explosive articles”; and

(e)for paragraph (9), substitute —

“(9) A renewal of registration granted by a licensing authority which is a local authority shall remain in force for such period not exceeding one year as the licensing authority determines.

(9A) A renewal of a registration granted by a licensing authority which is a chief officer of police or the Executive shall remain in force for such period not exceeding five years as that licensing authority determines, save that, where the applicant for registration has been granted an explosives certificate, the registration shall remain in force for any period not exceeding the due expiry date of that explosives certificate.”.

(9) In regulation 13 —

(a)for paragraph (1), substitute —

“(1) A licence, not being a renewal of a licence, may be granted —

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

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

(c)for any period or without a time limit in a case —

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

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

(iii)where the licence application relates only to the manufacture of ammonium nitrate blasting intermediate.”;

(b)in paragraph (4) —

(i)in sub-paragraph (c), omit “or” at the end; and

(ii)at the end of sub-paragraph (d), insert —

“(e)to an application for a licence which is to follow, without a gap in time, a previous licence granted to follow, without a gap in time, a deemed licence for the purposes of regulation 27(3); or

(f)to an application for a licence relating to the manufacture of explosives by a police force maintained pursuant to section 2 of the Police Act 1996 M3 for their operational purposes or the training of members of that police force in relation to those purposes.”;

(c)in paragraph (5), after “licence shall”, insert “ include conditions which ”;

(d)in paragraph (6), after “paragraph (3)” insert “ or in cases where that assent was not required by virtue of paragraph (4)(c), (e) or (f) ”; and

(e)for paragraph (9), substitute —

“(9) A renewal of a licence may be granted —

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

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

(c)for any period or without a time limit in a case —

(i)where paragraph (3) applied to the application for the original licence; or

(ii)where paragraph (3) did not apply to the application for the original licence by virtue of paragraph (4)(e) or (f); or

(iii)where the application for the original licence related only to the manufacture of ammonium nitrate blasting intermediate.”.

(10) In regulation 16 —

(a)in paragraph (1)(b), after “13(3)” insert “ , or in cases where that assent was not required by virtue of regulation 13(4)(e) or (f), ”; and

(b)after paragraph (2), insert —

“(2A) The licensing authority which grants a registration may vary it —

(a)where there has been a change of circumstances such that the separation distances can no longer be maintained and a consequent reduction in the amount of explosives that may be stored is required so as to reduce that amount to a quantity specified by the licensing authority which is below the maximum amount referred to in regulation 11(1) for the kind or kinds of explosives concerned;

(b)so as to change the period for which the registration is in force; and

(c)in relation to any of the matters it relates to, by agreement with the person registered.

(2B) A registration may be varied on the grounds referred to in paragraph (2A)(a) and (b) without the agreement of the person who is registered, subject to regulation 18.”.

(11) In regulation 17, at the end of paragraph (1)(b), insert “ or ”.

(12) In regulation 18 —

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

“(a)refuse an application for —

(i)a licence or registration;

(ii)a renewal of a licence or registration; or

(iii)a transfer of a licence or registration;”;

(b)in sub-paragraph (b) of paragraph (1) —

(i)after “licence” insert “ or registration ”; and

(ii)after “licensee” insert “ or registered person ”;

(c)for sub-paragraph (a) of paragraph (3), substitute —

“(a)refuse an application for —

(i)a licence or registration;

(ii)a renewal of a licence or registration; or

(iii)a transfer of a licence or registration;”;

(d)in sub-paragraph (b) of paragraph (3) —

(i)after “licence” insert “ or registration ”; and

(ii)after “licensee” insert “ or registered person ”; and

(e)in paragraph (4) —

(i)after “varies a licence” insert “ or registration ”; and

(ii)after “licensee” insert “ or registered person ”.

(13) For regulation 19 and the chapeau to that regulation, substitute —

“Appeal against decisions concerning registrations

19.  A person may appeal to the Secretary of State against a decision of a licensing authority —

(a)refusing to register him, to renew his registration or to transfer to him a registration held by another;

(b)issuing him with a registration subject to a term which aggrieves him;

(c)varying a registration without his agreement to the variation or refusing to vary a term of his registration; or

(d)revoking his registration,

and the provisions of section 44(2) to (6) of the 1974 Act M4 (appeals in connection with licensing provisions) shall apply in respect of any such appeal.”.

(14) For regulation 20, substitute —

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

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

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

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

(3) Where a licensing authority is of an opinion referred to in sub-paragraph (a) or (b) of paragraph (2), it shall, subject to regulation 18, refuse the application to transfer the licence or registration, as the case may be.”.

(15) In regulation 21(1) —

(a)for “terms”, substitute “ conditions ”;

(b)for “or registration” where it first appears, substitute “ or the terms of his registration ”;

(c)in sub-paragraph (a), for “28 days from”, substitute “ a period of 60 days starting with the date of ” and omit “or” at the end;

(d)in sub-paragraph (b), at the end insert “or”; and

(e)after sub-paragraph (b), insert —

“(c)the transfer of, or a refusal to transfer, a licence or registration,”.

(16) After regulation 25, insert —

“Information as to net mass of pyrotechnic articles

25A.  Where the manufacturer, importer or supplier of a pyrotechnic article specifies its net mass of explosive on the pyrotechnic article, its packaging or in a document accompanying the pyrotechnic article, he shall ensure, so far as is reasonably practicable, that the net mass of the explosive in that pyrotechnic article does not exceed the amount he so specifies on, as the case may be, the pyrotechnic article, the packaging or that document.”.

(17) Regulation 27(18) is revoked.

(18) In Schedule 1 —

(a)in paragraph 1, in sub-paragraph (a)(iii), for “at a mine” substitute “ on the surface at a mine, whether in a building or not, ”; and

(b)in paragraph 3, after “the same site” insert “ and requires a licence for that manufacture and for that storage ”.

(19) In Schedule 4 —

(a)for paragraph 2(g), substitute —

“(g)where separation distances are required by regulation 5 or a condition of the licence to be maintained around the store or the building where explosives are manufactured, a plan in a suitable scale sufficient to show those separation distances;”;

(b)in paragraph 3, for “paragraph 7” substitute “ paragraphs 7 and 7A ”;

(c)in paragraph 4 —

(i)for “paragraph 7”, substitute “ paragraphs 7 and 7A ”; and

(ii)omit “only” in both places where it appears; and

(d)after paragraph 7, insert —

“7A.  The requirements of paragraphs 3 and 4 shall not apply where the information referred to in paragraph 2 is in respect of a licensed site in relation to which regulation 13(3) did not apply to the licence application for that site by virtue of regulation 13(4)(f).”.