# The Explosives Regulations 2014

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U.K.

Statutory Instruments

# 2014 No. 1638

Health And Safety

# The Explosives Regulations 2014

Made

23rd June 2014

Laid before Parliament

1st July 2014

Coming into force in accordance with regulation 1

The Secretary of State is a Minister designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the placing on the market, transfer and safety of explosives for civil use.                        

It appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes —

in part, regulation 8 and paragraph 15 of Schedule 11,

regulations 39 to 42 and Schedules 9, 10 and 12, and

to the extent that they relate to the provisions in (a) and (b) above, regulations 2(1), 3(4)(b) and (14) and (17) and 43                                       to 45,                                    

under section 2(2) of that Act.

The Secretary of State makes the other provisions of these Regulations —

in exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (4), (5), (6)(b) and (9), 18(2)(za) and (a), 43(2),                                       (4), (5) and (6), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2), (3) and (4), 2, 3, 4, 5, 6(1), 7, 12, 15(1), 16, 18 and                                       20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 F3 (“the 1974 Act”); and                                    

apart from the modifications referred to in the next paragraph, for the purpose of giving effect without modifications to                                       proposals submitted —                                    

by the Health and Safety Executive under section 11(3) F4 of the 1974 Act after carrying out consultations in accordance with section 50(3) of the 1974 Act F5; and                                             

by the Office for Nuclear Regulation under section 81(1)(a)(iv) of the Energy Act 2013 F6 after carrying out consultations in accordance with section 81(3) of that Act.                                             

It appears to the Secretary of State that—

the modifications to the Acts referred to in paragraphs 2 to 8 of Part 1 of Schedule 13;

the modifications to the instruments referred to in paragraphs 11, 12, 14, 16, 18, 20, 21, 24 and 30 of Part 2 of that Schedule;                                       and                                    

the repeals in relation to the Acts marked with an asterisk in Part 1 of Schedule 14,

are expedient as set out in section 80(1) of the 1974 Act.

It also appears to the Secretary of State not to be appropriate to consult bodies in respect of those modifications and repeals                           in accordance with section 80(4) of the 1974 Act.                        

F1S.I. 1993/2661, to which there are amendments not relevant to these Regulations.

F21972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), **section 27(1)(a)** and by the European Union (Amendment) Act 2008 (c. 7), **Part 1** of the Schedule.

F31974 c. 37; section 15 was amended by Employment Protection Act 1975 (c. 71), **Schedule 15**, paragraph 6, the Criminal Law Act 1977 (c. 45), **Schedule 12**, the Offshore Safety Act 1992 (c. 15), **section 4**, the Health and Safety (Offences) Act 2008 (c. 20), **Schedules 3** and 4, the Energy Act 2013 (c. 32), **Schedule 12**, paragraph 5, S.I. 2002/794 and S.I. 2008/960. There are other amendments to section 15 not relevant to these Regulations. Section 18(2) was amended by the Energy Act                              2013, Schedule 12, paragraph 6. Section 43(6) was substituted by the Employment Protection Act 1975, Schedule 15, paragraph                              12 and amended by S.I. 2002/794. Paragraph 2 of Schedule 3 was amended by the Customs and Excise Management Act 1979 (c. 2), **Schedule 4**, paragraph 12.

F4Section 11 was substituted by S.I. 2008/960 and amended by the Energy Act 2013 (c.32), **Schedule 12**, paragraph 2.

F5Section 50(3) was amended by the Employment Protection Act 1975 (c. 71), **Schedule 15**, paragraph 16(3), the Health and Social Care Act 2012 (c. 7), **Schedule 7**, paragraphs 4 and 6, the Energy Act 2013 (c. 32), **Schedule 12**, paragraph 11 and S.I. 2008/960.

F62013 c. 32.

## **PART 1**U.K.INTRODUCTION

### Citation and commencementU.K.

### InterpretationU.K.

F7S.I. 2005/1082, to which there are amendments not relevant to these Regulations.

F8S.I. 1998/494, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

F91996 c. 16.

F102012 asp 8.

F111968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

F12OJ No. L121, 15.5.1993, p.20.

F13OJ No. L 284, 31.10.2003, p. 1.

F14OJ No. L 87, 31.3.2009 p. 109.

F15OJ No. L 316, 14.11.2012, p. 12.

F16The Health and Safety Executive is established by section 10(1) of the Health and Safety at Work etc. Act 1974 (c. 37).

F171968 c.27.

F182013 c.32.

F19OJ No. L 204, 21.7.1998, p.8.

F20OJ No. L 217, 5.8.1998, p.18.

F21OJ No. L 363, 20.12.2006, p.81.

F22OJ No. L 316, 14.11.2012, p.12.

F231964 c.40.

F24S.I. 1999/1736, amended by S.I. 2009/705; there are other amending instruments but none is relevant.

F25S.I. 1998/494, relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

F26The Office for Nuclear Regulation is established by section 77 of the Energy Act 2013 (c.32).

F27The British Transport Police Force was established by section 20 of the Railways and Transport Safety Act 2003 (c. 20) as of 1st July 2004, replacing the British Transport Police Force which comprised constables appointed under section 53 of                              the British Transport Commission Act 1949 (12 & 13 Geo c.xxix).

F282004 c.20.

F291883 c. 3.

F301974 c. 53; section 5(1) was amended by the Armed Forces Act 1976 (c. 52), **Schedule 9**, paragraph 20(4), the Criminal Justice (Scotland) Act 1980 (c. 82), **section 83(2)** and Schedule 7, paragraph 24, the Criminal Justice Act 1982 (c. 48), **sections 77** and 78 and, respectively, Schedule 14, paragraph 36(a) and (b) and Schedule 16, the Criminal Justice Act 1988 (c. 33), **Schedule 8**, paragraph 9(a), the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6), **Schedule 9**, paragraph 48(1) and (2)(a) and (b), the Criminal Justice Act 2003 (c. 44), **Schedule 32**, Part 1, paragraph 18(1) and (2)(a) and (b), the Armed Forces Act 2006 (c. 52), section 378, **Schedule 16**, paragraph 65(1) and (2)(a)(i), (ii) and (iii), (2)(b) and (3) and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), **section 139(1)** and (2) and Schedule 21, Part 1, paragraph 2. Section 5(1A) was inserted by the Armed Forces Act 1976 (c. 52), **Schedule 9**, paragraph 20(5) and amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), **section 139(1)** and (3).

F311974 c.53; section 5(2) to (8) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10), **section 139**.

F321974 c. 53; section 5(2) to (11) was substituted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), **Part 3**, section 139(1) and (4).

F332006 c. 52.

F34S.I. 2009/1922, to which there are amendments not relevant to these Regulations.

F351968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

F361968 c. 27; section 1(3)(a) was substituted by the Firearms (Amendment) Act 1988 (c. 45), **section 2(2)**.

F37Current edition (1997): ISBN 92-1-139057 5.

F381952 c.67. “Visiting force” is defined in section 12 of that Act.

F392006 c.46.

F40S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

F41S.I. 1987/37, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

F422011 c. 13.

F432012 asp 8.

### Application and extentU.K.

F44By virtue of section 84(1) of the Health and Safety at Work etc. Act 1974, Parts I and IV of that Act extend to Northern Ireland                              “so far as may be necessary to enable regulations under section 15 to be made and operate for the purposes mentioned in paragraph                              2 of Schedule 3. That paragraph includes, as a subject matter for such regulations, prohibiting the import into the United                              Kingdom of articles or substances of any specified description.

F451875 c.17 (38 & 39 Vict); section 74 was amended by S.I. 1974/1885 and by the Energy Act 2013 (c. 32), **Schedule 12**, Part 5, paragraphs 50 and 52.

F461964 c. 5.

F47S.I. 1987/37, amended by S.I. 1988/712, 2005/1082 and 2014/469; there are other amending instruments but none is relevant.

F48S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

F49S.I. 1995/738, amended by S.I. 2002/2175; there are other amending instruments but none is relevant.

F502011 c.13.

F512012 asp 8.

F52S.I. 2013/240.

## **PART 2**U.K.AUTHORISATIONS

### Authorisation to acquire or acquire and keep explosivesU.K.

### 

F531968 c. 27, 1982 c. 31, 1988 c. 45, 1992 c. 31, 1997 c. 5 and 1997 c. 64.

### Authorisation to manufacture explosivesU.K.

F54ISBN 978 – 92 – 1 – 139135 – 0.

F55S.I. 1999/2024, to which there are amendments not relevant to these Regulations.

### Authorisation to store explosivesU.K.

### Authorisation to transfer civil explosivesU.K.

F56Council Directive 1993/15/EC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March                              1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

### Prohibition concerning the acquisition and supply of fireworksU.K.

## **PART 3**U.K.DEFENCES IN RELATION TO REGULATIONS 5 TO 7

### DefenceU.K.

## **PART 4**U.K.APPLICATIONS FOR AND GRANT OF AUTHORISATIONS

### Application for and issuing of an explosives certificate to acquire or acquire and keep any relevant explosiveU.K.

### Applications for licences to manufacture or store explosivesU.K.

### Grant of licencesU.K.

F571996 c.16; section 2 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), **Schedule 16**, paragraph 4.

F582012 asp 8.

F591990 c.8. Part 1 of the Town and Country Planning Act 1990 has been amended by the Planning and Compensation Act 1991 (c. 34), **Schedule 7**, paragraph 9, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), **Schedule 21**, paragraphs 28 and 29, the Local Government (Wales) Act 1994 (c.19), **sections 18** and 19 and Schedule 18, the Environment Act 1995 (c.25), **section 67** and Schedule 10, paragraph 32, Schedule 22, paragraph 42, and Schedule 24, the Greater London Authority Act 1999 (c.29), **Schedule 34**, the Public Audit (Wales) Act 2004 (c.23), **Schedule 2**, paragraph 13, the Greater London Authority Act 2007 (c.24), **sections 31**, 32 and 35, the Local Government and Public Involvement in Health Act 2007 (c.28), **Schedule 28**, the Housing and Regeneration Act 2008 (c.17), **Schedule 8**, paragraph 52, and Schedule 16, the Planning Act 2008 (c.29), **section 190**, the Localism Act 2011 (c.20), **Schedule 9**, paragraph 3, and Schedule 22, paragraphs 30 to 32, the Growth and Infrastructure Act 2013 (c.27), section 28, **Schedule 1**, paragraphs 1 and 2, and Schedule 2, paragraph 2. The amendments made by the Greater London Authority Act 1999, the Leasehold Reform, Housing                              and Urban Development Act 1993 and Schedule 22 to the Localism Act 2011 are not yet in force. Functions of the Secretary of                              State, so far as exercisable in relation to Wales, have been transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

### Local authority assent procedure in relation to licence applicationsU.K.

### Registers and retention of documentsU.K.

## **PART 5**U.K.VARIATION AND TRANSFER OF AUTHORISATIONS TO MANUFACTURE OR STORE EXPLOSIVES AND DEATH, BANKRUPTCY OR INCAPACITY OF A LICENSED                        PERSON

### Variation of licencesU.K.

### Transfer of licencesU.K.

### Death, bankruptcy or incapacity of a licenseeU.K.

## **PART 6**U.K.REFUSALS OF AUTHORISATIONS

### Refusal of an explosives certificateU.K.

### Refusal of a licence and draft licence and refusal of a renewal or transfer of a licenceU.K.

## **PART 7**U.K.REVOCATION OF AUTHORISATIONS AND APPEALS AGAINST CERTAIN DECISIONS

### Revocation and expiry of an explosives certificateU.K.

### Appeals and applications to the Crown Court or SheriffU.K.

### Revocation of a licenceU.K.

## **PART 8**U.K.LICENCES FOR SITES WHICH CEASE TO BE, OR BECOME, ONR REGULATED SITES

### Licences for sites which cease to be ONR regulated sitesU.K.

### Licences for sites which become ONR regulated sitesU.K.

## **PART 9**U.K.SAFETY OF EXPLOSIVES

### Fire and explosion measuresU.K.

### Separation distancesU.K.

### Discarding or disposing of explosives and decontamination of explosive-contaminated itemsU.K.

### Prohibitions concerning manufacture, storage and importation of certain explosivesU.K.

## **PART 10**U.K.SECURITY OF EXPLOSIVES: PREVENTING UNAUTHORISED ACCESS OR ACQISITION

### Unauthorised accessU.K.

### Prohibitions concerning the transfer of relevant explosivesU.K.

F60S. R. & O. (NI) No. 110, to which there are amendments not relevant to these Regulations.

F611971 c. 61. The definitions of “controlled waters” and “offshore installation” were substituted, in relation to England, Wales and Scotland,                              by S.I. 1995/738.

### Restrictions on prohibited personsU.K.

## **PART 11**U.K.SECURITY OF EXPLOSIVES: TRACEABILITY, RECORDS AND REPORTING LOSS

### Unique identification of civil explosivesU.K.

### Attribution of manufacturing site codes for civil explosivesU.K.

F62Commission Directive 2008/43/EC of 4th April 2008 (OJ No. L94, 5.4.2008, p.8) applies in relation to the EEA by virtue of                              Decision No. 119/2010 of 10th November 2010 of the EEA Joint Committee (OJ No. L 58, 3.3.2011, p.76).

### Records in relation to relevant explosivesU.K.

F63S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

### Records in relation to civil explosivesU.K.

### Reporting lossU.K.

## **PART 12**U.K.SECURITY PROVISIONS IN RELATION TO PLASTIC EXPLOSIVES

### Prohibitions in relation to unmarked plastic explosiveU.K.

## **PART 13**U.K.PLACING ON THE MARKET OF CIVIL EXPLOSIVES

### Placing on the market of civil explosivesU.K.

F64Council Directive 93/15/EEC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March                              1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).

### Conformity attestationU.K.

### Notified bodiesU.K.

### CE markingU.K.

## **PART 14**U.K.ENFORCEMENT OF THE REGULATIONS

### Enforcement powers in relation to regulation 8 and Part 13U.K.

## **PART 15**U.K.POWER TO GRANT EXEMPTIONS AND MISCELLANEOUS PROVISIONS

### ExemptionsU.K.

### Savings and transitional provisionsU.K.

F66S.I. 1956/1943, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

F67S.I. 1959/2258, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

F68S.I. 1974/2166.

F69S.I. 1974/1855, amended by S.I. 1974/2166; there are other amending instruments but none is relevant.

F70S.I. 1991/1531, to which there are amendments not relevant to these Regulations.

F71S.I. 1993/2714, to which there are amendments not relevant to these Regulations.

### Repeals, revocations and amendmentsU.K.

### ReviewU.K.

F72OJ No. L 121, 15.5.1993, p.20.

F73OJ No. L 284, 31.10.2003, p. 1.

F74OJ No. L 87, 31.3.2009 p. 109.

F75OJ No. L 316, 14.11.2012, p. 12.

F76OJ No. L 94, 5.4.2008, p.8.

F77OJ No. L 50, 23.2.2012, p.18.

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

Mike Penning

 Minister of State

 Department for Work and Pensions

23rd June 2014

 Regulation 2(1)

## SCHEDULE 1U.K.MEANING OF “LICENSING AUTHORITY”

1.  Subject to paragraphs 2 to 5, “licensing authority” means—U.K.

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

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

(aa)any of the explosives are relevant explosives;

(bb)any of the explosives are ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968                        to 1997 F78;

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

(dd)the explosives are to be stored by a person who is registered as a firearms dealer under section 33 of the Firearms Act 1968                        F79;

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

(b)the Executive where the explosives are to be stored on the surface at a mine, whether in a building or not, or within a harbour;

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

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

F781968 c.27, 1982 c.31, 1988 c.45, 1992 c.31, 1997 c.5 and 1997 c.64.

F791968 c.27; section 33(3) was amended by the Firearms (Amendment) Act 1988 (c. 45), **section 13(1)** and the Firearms Act 1997 (c. 5), **section 42(2)**.

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

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

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

5.  The applicant may only apply to the Executive pursuant to paragraph 2, where—U.K.

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

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

 Regulation 5(3)(a)

## SCHEDULE 2U.K.EXPLOSIVES NOT REQUIRING AN EXPLOSIVES CERTIFICATE

### **PART 1**U.K.LIST OF EXPLOSIVES

### **PART 2**U.K.FURTHER LIST OF EXPLOSIVES

1.  Ammunition intended for use in small arms.U.K.

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

3.  Blank ammunition intended for use in small arms.U.K.

4.  Cartridges, which are empty but with a primer which—U.K.

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

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

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

5.  Cartridges power device which—U.K.

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

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

(c)consists of a casing with a charge of deflagrating explosive and a means of ignition.

6.  A desensitised explosive which is—U.K.

(a)a medicinal product as defined in regulation 2 of the Human Medicines Regulations 2012 F80; or

(b)a veterinary medicinal product as defined in regulation 2 of the Veterinary Medicines Regulations 2013 F81.

F80S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

F81S.I. 2013/2033.

7.  A desensitised explosive which is a substance specified in an order made under section 104 or 105 of the Medicines Act 1968                     F82 which is for the time being in force and which directs that specified provisions of the Human Medicines Regulations 2012                     or the Medicines for Human Use (Clinical Trials) Regulations 2004 F83 are to have effect in relation to that substance as such provisions have effect in relation to medicinal products as defined                     in regulation 2 of the Human Medicines Regulations 2012.U.K.

F821968 c. 67; sections 104 and 105 were amended by S.I. 2004/1031, 2006/2407 and 2012/1916.

F83S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

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

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

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

(c)the application of forensic science by or on behalf of a police force or the Crown.

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

10.  Explosive articles which—U.K.

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

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

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

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

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

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

12.  The explosive substance Nitrogen Triiodide with the chemical formulation NI3, in a quantity not exceeding 0.5 grams which has been manufactured for, and is used for, demonstration purposes as part of                     an educational activity within the meaning of section 1(3) of the Further Education Act 1985 F84 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.U.K.

F841985 c. 47.

13.  A solution of the explosive substance Nitroglycerine in alcohol which is—U.K.

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

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

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

15.  The explosive substance smokeless powder which is—U.K.

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

(b)acquired by a person who either is registered as a firearms dealer under section 33 of the Firearms Act 1968 F85 or holds —

(i)a permit granted under section 7 of that Act F86;

(ii)a firearms certificate granted under section 27 of that Act F87;

(iii)a shotgun certificate granted under section 28 of that Act F88; or

(iv)a permit granted under section 17 of the Firearms (Amendment) Act 1988 F89.

F851968 c.27; section 33 was amended by the Firearms (Amendment) Act 1988 (c. 45), **section 13(1)**, and the Firearms Act 1997 (c. 5), **section 42(2)**.

F86Section 7 was amended by the Firearms (Amendment) Act 1997 (c.5), **Schedule 2**, paragraph 2(2).

F87Section 27 was amended by the Firearms (Amendment) Act 1988 (c.45), **section 23(5)**, by S.I. 1992/2823, the Firearms (Amendment) Act 1997 (c.5), **section 38**, and by S.I. 2010/1759.

F88Section 28 was amended by the Firearms (Amendment) Act 1988 (c.45), **section 3**, by S.I. 1992/2823, the Firearms (Amendment) Act 1997 (c.5), **Schedule 3**, and by S.I. 2010/1759.

F891988 c. 45; section 17 was amended by S.I. 1992/2823, by the Firearms (Amendment) Act 1997 (c. 5), **Schedule 2**, paragraph 19, and by S.I. 2011/2175.

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

 Regulation 5(3)(b)

## SCHEDULE 3U.K.PYROTECHNIC ARTICLES REQUIRING AN EXPLOSIVES CERTIFICATE

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

2.  Pyrotechnic articles which—U.K.

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

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

3.  Pyrotechnic articles which—U.K.

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

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

4.  Pyrotechnic articles which—U.K.

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

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

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

 Regulation 15

## SCHEDULE 4U.K.REGISTERS

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

2.  The following information must be included in the register—U.K.

(a)the name of the licensee;

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

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

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

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

(f)the kind of explosives manufactured or stored;

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

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

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

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

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

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

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

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

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

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

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

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

(a)less than 500 kilograms of hazard type 1 explosive or hazard type 2 explosive;

(b)less than 2 tonnes of hazard type 3 explosive or hazard type 4 explosive; or

(c)any explosives for a period of less than four weeks.

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

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

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

(a)a fire and rescue service;

(b)a joint planning board;

(c)a local planning authority; or

(d)a police force;

for the purposes of the exercise of their respective functions.

11.  For the purposes of paragraph 10, “local planning authority” and “joint planning board” have the meanings they are given in,                     respectively, sections 1 and 2 of the Town and Country Planning Act 1990 F90.U.K.

F901990 c.8. Section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), **Schedule 21**, paragraph 28, the Local Government Wales Act 1994 (c. 19) section 18(2) to (6) and 66(8) and Schedule 18, the Environment Act 1995 (c. 25), **Schedule 10**, paragraph 32(1) and Schedule 24, and by the Greater London Authority Act 2007 (c.24), **section 31**. Section 2 was amended by the Local Government (Wales) Act 1994, sections 19(1) and (4) and 66(8) and Schedule 18, the Environment                              Act 1995, Schedule 10, paragraph 32(2), Schedule 22, paragraph 42, and Schedule in Health Act 2007 (c.28), **Schedule 18**.

 Regulation 27

## SCHEDULE 5U.K.SEPARATION DISTANCES

1.—(1) In this Schedule—U.K.

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

“bridleway” has the meaning given in the Highways Act 1980 F91;                  

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

“dangerous goods” means dangerous goods to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009                     F92 apply;                  

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

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

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

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

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

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

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

“mounded” means surrounded by suitable mounds;                  

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

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

“protected place of Class A” means a—                  

bridleway;

footpath;

footway;

lightly used road; or

waterway;

“protected place of Class B” means a—                  

dock;

jetty;

minor road;

pier;

railway line;

reservoir;

river wall;

runway for the use of aircraft; or

sea wall;

“protected place of Class C” means a —                  

major road; or

place of public resort;

“protected place of Class D” means—                  

a building, whether a dwelling or not, but not including a vulnerable building;

a place, other than a building to which paragraph (a) applies, that is used for the storage in bulk of dangerous goods other                              than goods which are explosives; or                           

a place, not within the site where the explosives are stored and other than a building to which paragraph (a) applies, that                              is used for—                           

the storage of explosives; or

the manufacture or processing of explosives;

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

“protected place of Class F” means a building within the site where the explosives are stored, other than—                  

a building that is occupied by a person other than the licensee;

a building that is a vulnerable building;

a building that is normally occupied by more than 20 people; or

a building that is used for the storage in bulk of dangerous goods other than goods which are explosives;

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

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

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

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

“vulnerable building” means a building or structure of vulnerable construction, that is to say—                  

a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling                              with individual glazed or frangible panels larger than 1.5 m2 and extending over more than 50% or 120 m2 of the surface of any elevation;                           

a building of more than three storeys above ground or 12 m in height with solid walls and individual glass panes or frangible                              panels larger than 1.5 m2 and extending over at least 50% of any elevation;                           

a building of more than 400 m2 plan area with continuous or individual glazing panes larger than 1.5 m2 extending over at least 50% or 120 m2 of the plan area; or                           

any other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such                              as progressive collapse.                           

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

(a)in which the store is situated; and

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

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

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

(a)a quantity in a store; or

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

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

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

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

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

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

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

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

F911980 c. 66; “bridleway”, “footpath” and “footway” are defined in section 139.

F92S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

2.  Where the storage is—U.K.

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

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

(c)of hazard type 1 explosive in a metal-built mounded store, Table 3;

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

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

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

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

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

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

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

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

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

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

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

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

(c)for Table 4, Supplementary Table 4A; and

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

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

4.—(1) Paragraph 5 is subject to paragraph 6.U.K.

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

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

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

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

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

6.  Where—U.K.

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

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

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

7.  The distance between a store and any protected place of Class G is either—U.K.

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

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

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

### Table 1: Hazard Type 1 explosive in a brick-built mounded store

### Supplementary Table 1A: Hazard Type 1 explosive in a brick-built mounded store – distances for areas of low population density

### Table 2: Hazard Type 1 explosives in a brick-built unmounded store

### Table 3: Hazard Type 1 explosive in a metal-built mounded store

### Supplementary Table 3A: Hazard type 1 explosive in a metal-built mounded store – distances for areas of low population density

### Table 4: Hazard Type 1 explosive in a metal built unmounded store with no detonator annex attached

### Supplementary Table 4A: Hazard Type 1 explosive in a metal-built unmounded store with no detonator annex attached – distances                        for areas of low population density                     

### Table 5: Hazard type 1 explosive in a metal-built un-mounded store with a detonator annex attached

### Supplementary Table 5A:– Hazard Type 1 explosive in a metal-built un-mounded store with a detonator annex attached – distances                        for areas of low population density                     

### Table 6: Hazard Type 2 explosive, some or all items being of more than 0.7kg net mass in a mounded store

### Table 7: Hazard Type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store

### Table 8: Hazard Type 2 explosive every item being of 0.7kg net mass or less in a mounded store

### Table 9: Hazard Type 2 explosive every item being of 0.7kg net mass or less in an unmounded store

### Table 10: Hazard Type 3 explosive

### Table 11: Hazard Type 4 explosive

 Regulation 33(2)(a)

## SCHEDULE 6U.K.UNIQUE IDENTIFICATION FOR CIVIL EXPLOSIVES

1.  Subject to paragraph 2, the unique identification must comprise—U.K.

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

(i)the name of the manufacturer;

(ii)an alphanumeric code containing—

(aa)two letters identifying the EEA State (place of production or import onto the market of the EEA States);

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

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

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

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

 Regulation 33(1), (5) and (7)

## SCHEDULE 7U.K.MARKING OR AFFIXING THE UNIQUE IDENTIFICATION TO CIVIL EXPLOSIVES

### Cartridged explosives and explosives in sacksU.K.

1.  For a cartridged explosive and any explosive in sacks—                  

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

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

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

### Packaged two-component explosivesU.K.

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

### Plain detonatorsU.K.

3.  For plain detonators—                  

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

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

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

### Electric, non-electric and electronic detonatorsU.K.

4.  For electric, non-electric and electronic detonators—                  

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

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

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

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

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

### Primers and boostersU.K.

5.  For primers and boosters—                  

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

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

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

### Detonating cordsU.K.

6.  For detonating cords—                  

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

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

(c)an associated label must be placed on each case of detonating cord; and                  

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

### Cans, boxes and drums containing explosivesU.K.

7.  For cans, boxes and drums containing any explosive—                  

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

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

### Civil explosives not referred to in paragraphs 1 to 7U.K.

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

### GeneralU.K.

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

### Small explosive articlesU.K.

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

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

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

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

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

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

(c)the number of plain detonators or boosters contained in each smallest packaging unit must be printed on that unit.                  

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

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

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

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

 Regulation 38

## SCHEDULE 8U.K.MEANING OF “PLASTIC EXPLOSIVE” AND “DETECTION AGENT”

### **PART 1**U.K.PLASTIC EXPLOSIVE

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

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

(b)formulated with a binder material; and

(c)malleable or flexible at normal room temperature.

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

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

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

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

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

### **PART 2**U.K.DETECTION AGENTS

#### Table

 Regulation 39

## SCHEDULE 9U.K.ESSENTIAL SAFETY REQUIREMENTS

### 

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

### **PART 1**U.K.GENERAL REQUIREMENTS

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

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

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

### **PART 2**U.K.SPECIAL REQUIREMENTS

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

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

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

(c)Sensitiveness to impact and friction.

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

(e)The chemical purity of the civil explosive.

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

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

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

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

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

(k)Suitable instructions and, where necessary, markings in respect of safe handling, storage, use and disposal in the official                        language or languages of the recipient EEA state.

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

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

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

(a)Blasting Explosives

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

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

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

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

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

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

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

(c)Detonators (including delay detonators) and relays

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

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

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

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

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

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

(d)Propellants and rocket propellants

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

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

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

 Regulation 42(3)

## SCHEDULE 10U.K.CONFORMITY MARKING

### 

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

### 

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

 Regulation 43

## SCHEDULE 11U.K.ENFORCEMENT WITHIN GREAT BRITAIN

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Regulation 45

## SCHEDULE 12U.K.ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES

1.  This Schedule applies in relation to the enforcement of —U.K.

(a)regulation 8, to the extent that it is made under section 2(2) of the European Communities Act 1972 F97, by the Executive or the ONR; and

(b)Part 13 by the Executive.

F971972 c. 69; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), **section 27(1)(a)** and by the European Union (Amendment) Act 2008 (c. 7), **Part 1** of the Schedule.

2.  In relation to the enforcement of the provisions referred to in paragraph 1 —U.K.

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

(b)sections 36(1) and (2) and 37 of the 1974 Act apply in relation to offences under section 33 of the 1974 Act as applied by                        paragraph (a) and the modifications specified in paragraph 3.

3.  For the purposes of the enforcement of the provisions referred to in paragraph 1, and in respect of any related proceedings                     for a contravention of any of those provisions, the provisions of the 1974 Act mentioned in paragraph 2 apply as if—U.K.

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

(i)those provisions modified by this paragraph; and

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

(b)any reference to an enforcing authority or a responsible enforcing authority were a reference to the Executive or the ONR,                        as the case may be;

(c)any reference to the field of responsibility, however expressed were omitted;

(d)in section 20—

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

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

(iii)subsection (3) were omitted;

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

(v)the reference to subsection (2)(i) in subsection (6) included also a reference to subsection (2)(i) as modified by this paragraph;

(e)section 22 permitted an inspector to serve a prohibition notice, in addition to the circumstances specified in that section,                        in any case where—

(i)a manufacturer, or any person acting as agent for the manufacturer, or, failing them, the person responsible for placing the                        explosives on the market, has failed to comply with the requirements of regulation 42 in relation to the CE marking; and

(ii)the manufacturer, agent or the person responsible for placing the explosives on the market, as the case may be, has been served                        with a notice under paragraph 4 of this Schedule or an improvement notice under section 21 of the 1974 Act in respect of that                        failure and has continued to fail to comply after the period for remedying the contravention specified in the respective notice;

(f)subsections (3), (4) and (6) of section 23 were omitted;

(g)in section 33 —

(i)in subsection (1) —

(aa)paragraphs (a), (b) and (d) were omitted;

(bb)in paragraph (c), any reference to health and safety regulations were a reference to regulation 8 and Part 13; and

(ii)subsection (3) were omitted; and

(h)in section 34 —

(i)paragraphs (a) and (b) of subsection (1) were omitted; and

(ii)in subsection (3), the reference to six months were a reference to twelve months.

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

4.  Where it is satisfied that the CE marking has been affixed to civil explosives but that the civil explosives do not satisfy                     the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39, the Executive may serve notice in writing                     requiring the person on whom it is served to take such measures as are necessary to ensure that the civil explosives do satisfy                     the requirements of those sub-paragraphs.                  

5.  Where it is satisfied that civil explosives in respect of which a notice has been served in accordance with paragraph 4 continue                     not to satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 39, the Executive may serve notice                     in writing requiring the person on whom it is served to take such measures as are necessary to ensure the civil explosives                     are withdrawn from the market.U.K.

### Explosives which may compromise safety when used for their intended purposeU.K.

6.  Where it is satisfied that civil explosives to which the CE marking has been affixed may compromise safety when being used                     for their intended purpose, the Executive may serve notice in writing requiring the person on whom it is served to take such                     measures as are necessary to ensure the civil explosives are withdrawn from the market.                  

### Supplementary provisionsU.K.

7.  A notice referred to in paragraph 4 or 5 may be served on—                  

(a)the manufacturer of the civil explosives or any person acting as agent for the manufacturer; or, failing them,                  

(b)the person responsible for placing the civil explosives on the market.                  

8.  A notice referred to in paragraph 6 may be served on any person the Executive has reasonable grounds for believing is in a                     position to take the measures specified in the notice.U.K.

9.  A notice referred to in paragraphs 4 to 6—U.K.

(a)must specify measures to be taken under the notice,

(b)may be subject to conditions, and

(c)must—

(i)have immediate effect; or

(ii)allow such time for compliance as the Executive specifies in the notice.

 Regulation 48(1)

## SCHEDULE 13U.K.AMENDMENTS

### **PART 1**U.K.AMENDMENTS TO PRIMARY LEGISLATION

#### Explosives Act 1875U.K.

1.—(1) The Explosives Act 1875 F98 is amended as follows.                  

(2) Omit sections 23 and 61.

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

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

(b)in subsection (1)—                  

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

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

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

F981875 c. 17 (38 & 39 Vict.); section 23 was substituted by S.I. 2005/1082 in relation to England, Wales and Scotland. Sections 61 and 74 were amended by the Energy Act 2013 (C. 32), Schedule 12,                              Part 5, paragraphs 50 and 52 and section 61 was additionally amended by S.I. 1974/1885.

#### London Building Act 1930U.K.

2.  In section 143 of the London Building Act 1930 F99 (regulations for building near dangerous business), in subsection (4)(a), for “the Manufacture and Storage of Explosives                     Regulations 2005” substitute “ the Explosives Regulations 2014 ”.                  

F991930 c. clviii; section 143(4)(a) was amended by S.I. 2005/1082.

#### Fireworks Act 1951U.K.

3.  The Fireworks Act 1951 F100 is repealed.                  

F1001951 c. 58.

#### Customs and Excise Management Act 1979U.K.

4.  In section 75(1) of the Customs and Excise Management Act 1979 F101 (explosives), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.                  

F1011979 c.2; section 75(1) was amended by S.I. 2005/1082.

#### Isle of Man Act 1979U.K.

5.  In section 8(2) of the Isle of Man Act 1979 F102 (removal of goods from Isle of Man to United Kingdom)—                  

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

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

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

F1021979 c.58; section 8(2)(b) to (d) was amended by S.I. 2005/1082.

#### Environmental Protection Act 1990U.K.

6.  In section 142(7) of the Environmental Protection Act 1990 F103 (powers to obtain information about potentially hazardous substances), for “the Manufacture and Storage of Explosives Regulations                     2005” substitute “ the Explosives Regulations 2014 ”.                  

F1031990 c.43; the entry relating to the Manufacture and Storage of Explosives Regulations 2005 in section 142(7) was inserted by S.I. 2005/1082.

#### Fireworks Act 2003U.K.

7.  In section 14(2) of the Fireworks Act 2003 F104 (prohibition of supply etc. of other explosives), for “the Explosives Act 1875 (c. 17)” substitute “ the Explosives Regulations 2014 ”.                  

F1042003 c.22.

#### Energy Act 2013U.K.

8.—(1) The Energy Act 2013 F105 is amended as follows.                  

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

F1052013 c.32.

### **PART 2**U.K.AMENDMENTS TO SECONDARY LEGISLATION

#### The Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969U.K.

9.  In Schedule 1 to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969 F106 (exempted matter), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.                  

F106S.I. 1969/1263, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

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

10.  In Schedule 2 to the Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974 F107 (the Explosives Act 1875: modifications), omit paragraph 5.                  

F107S.I. 1974/1885.

#### The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975U.K.

11.  The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 F108 is amended as follows—                  

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

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

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

“13.Proceedings in respect of—                  

(a)an application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the Explosives                           Regulations 2014 (“the 2014 Regulations”) as to the fitness of the applicant to acquire or acquire and keep explosives, including consideration as to whether to                           refuse the application on any of the grounds specified in regulation 19 of the 2014 Regulations;                  

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;                  

(c)an appeal or application pursuant to regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or                           21.”.                  

F108S.I. 1975/1023, amended by S.I. 2005/1082 and revoked, in relation to Scotland, by S.S.I 2003/321. There are other amending instruments but none is relevant.

#### The Isles of Scilly (Functions) Order 1979U.K.

12.  In article 3(e) of the Isles of Scilly (Functions) Order 1979 F109 —                  

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

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

F109S.I. 1979/72, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

#### The Dangerous Substances in Harbour Areas Regulations 1987U.K.

13.  Regulation 33 of the Dangerous Substances in Harbour Areas Regulations 1987 F110 (Application of Part IX) is amended as follows—                  

(a)in sub-paragraph (b) of paragraph 1, for the words from “article 8” to “Order 2001” substitute “ article 11 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013 F111 ”; and                  

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

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

(ii)for paragraph (ii), substitute—                  

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

F110S.I. 1987/37, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

F111S.I. 2013/240.

#### The Planning (Hazardous Substances) Regulations 1992U.K.

14.—(1) Schedule 1 to the Planning (Hazardous Substances) Regulations 1992 F112 (hazardous substances and controlled quantities) is amended as follows.                  

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

“(1)cellulose nitrate —                  

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                           where it is the licensing authority by virtue of —                  

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                           regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                           of those Regulations; or                  

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or                  

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                           in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                           been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or”.                  

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

“(1)cellulose nitrate—                  

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                           where it is the licensing authority by virtue of—                  

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                           regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                           of those Regulations; or                  

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or                  

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                           in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                           been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or”.                  

(4) In Part B as it applies in England—

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

“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those—                     

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                                    where it is the licensing authority by virtue of —                              

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                                             regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                                             of those Regulations; or                                       

paragraph 1(d) of Schedule 1 to those Regulations, or                                       

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                                    in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                                    been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or                              

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”; and                              

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

“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1,                           1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —                     

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                                    where it is the licensing authority by virtue of—                              

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                                             regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                                             of those Regulations; or                                       

paragraph 1(d) of Schedule 1 to those Regulations; or                                       

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                                    in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                                    been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or                              

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”.                              

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

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

“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding                           those—                     

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                                    where it is the licensing authority by virtue of —                              

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                                             regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                                             of those Regulations; or                                       

paragraph 1(d) of Schedule 1 to those Regulations; or                                       

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                                    in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                                    been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or                              

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”; and                              

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

“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1,                           1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —                     

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                                    where it is the licensing authority by virtue of—                              

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                                             regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                                             of those Regulations; or                                       

paragraph 1(d) of Schedule 1 to those Regulations; or                                       

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                                    in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                                    been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or                              

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”.                              

F112S.I. 1992/656; relevant amending instruments are S.I. 2009/1901 (in relation to England), 2010/450 (W.48) (in relation to Wales) and 2014/469.

#### Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993U.K.

15.  In regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993 F113 (interpretation), in the definition of “explosives store” for “or registration made under the Manufacture and Storage of                     Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.                  

F113S.I. 1993/208, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

#### The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993U.K.

16.  Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 F114 (hazardous substances and controlled quantities) is amended as follows—                  

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

“(1)cellulose nitrate—                  

(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                           where it is the licensing authority by virtue of —                  

(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                           regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                           of those Regulations; or                  

(ii)paragraph 1(d) of Schedule 1 to those Regulations; or                  

(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                           in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                           been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or”; and                  

(b)in Part B—                  

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

“EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those                           —                     

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                                    where it is the licensing authority by virtue of —                              

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                                             regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                                             of those Regulations; or                                       

paragraph 1(d) of Schedule 1 to those Regulations; or                                       

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                                    in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                                    been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or                              

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”; and                              

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

“EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2,                           1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those—                     

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive                                    where it is the licensing authority by virtue of—                              

paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to                                             regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g)                                             of those Regulations; or                                       

paragraph 1(d) of Schedule 1 to those Regulations; or                                       

for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation                                    in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have                                    been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or                              

licensed under the Dangerous Substances in Harbour Areas Regulations 1987”.                              

F114S.I. 1993/323; relevant amending instruments are S.S.I. 2009/378 and 2014/469.

#### The Health and Safety (Enforcing Authority) Regulations 1998U.K.

17.  In regulation 4 of the Health and Safety (Enforcing Authority) Regulations 1998 F115 (exceptions), omit paragraphs (7) to (12).                  

F115S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.

#### The Visiting Forces and International Headquarters (Application of Law) Order 1999U.K.

18.  In Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 F116 (enactments conferring specific exemptions, privileges etc.), omit the entry relating to the Fireworks Act 1951.                  

F116S.I. 1999/1736, to which there are amendments not relevant to these Regulations.

#### The Quarries Regulations 1999U.K.

19.  In regulation 2(1) of the Quarries Regulations 1999 F117 (interpretation), in the definition of “explosives store”, for “or registration made under the Manufacture and Storage of                     Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.                  

F117S.I. 1999/2024, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.

#### Building (Scotland) Regulations 2004U.K.

20.  For paragraph 1 of Schedule 1 to the Building (Scotland) Regulations 2004 F118 (exempted buildings and services, fittings and equipment), substitute—                  

“1.—(1)Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014                        where the whole building is used for that manufacture or storage.                  

(2)Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives                        Regulations 2014, that part of the building where the licence specifies that that manufacture or storage may take place.                  

(3)Except— sub-paragraphs (1) and (2) do not include any building or, as the case may be, any part of a building as is referred                        to in, respectively, sub-paragraph (1) or (2) in relation to which—                  

(a)no minimum separation distance is required to be maintained by virtue of regulation 27(2)(a) or (3) of the Explosives Regulations                           2014; or                  

(b)a minimum separation distance of 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, the Explosives                           Regulations 2014 and the requirement for the assent of the local authority under regulation 13(3) of those Regulations did                           not apply by virtue of regulation 13(4)(a) of those Regulations.”.                  

F118S.S.I. 2004/406, amended by S.S.I. 2006/534; there are other amending instruments but none is relevant.

#### The REACH Enforcement Regulations 2008U.K.

21.  In paragraph 1 of Part 3 of Schedule 3 to the REACH Enforcement Regulations 2008 F119 (health and safety enforcement) for sub-paragraph (t), substitute—                  

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

F119S.I. 2008/2852, to which there are amendments not relevant to these Regulations.

#### The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009U.K.

22.  In regulation 2 of the Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 F120 (extension outside Great Britain)—                  

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

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

F120S.I. 2009/693.

#### The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009U.K.

23.  In regulation 7 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 F121 (additional security requirements for carriage by road), for paragraph (5)(c) substitute—                  

“(c)“a safe and secure place” means a safe and secure place—                  

(i)within a site in relation to which a person is licensed to manufacture or store explosives under regulation 13 of the Explosives                           Regulations 2014; or                  

(ii)at which the manufacture or storage of explosives may lawfully take place by virtue of a certificate of exemption granted                           under those Regulations.”.                  

F121S.I. 2009/1348, to which there are amendments not relevant to these Regulations.

#### The Building Regulations 2010U.K.

24.  For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2010 F122 (exempt buildings and work), substitute—                  

“1.—(1)Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014                        where—                  

(a)the whole building is used for that manufacture or storage, and either                  

(b)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to,                           those Regulations; or                  

(c)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent                           of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation                           13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.                  

(2)Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives                        Regulations 2014 and —                  

(a)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to,                           those Regulations; or                  

(b)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent                           of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation                           13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,                  

that part of the building where the licence specifies that that manufacture or storage may take place.”.                  

F122S.I. 2010/2214, to which there are amendments not relevant to these Regulations.

#### The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011U.K.

25.  The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 F123 are amended as follows—                  

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

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

F123S.I. 2011/1885.

#### The Health and Safety (Fees) Regulations 2012U.K.

26.  The Health and Safety (Fees) Regulations 2012 F124 are amended as follows.                  

F124S.I. 2012/1652, amended by S.I. 2014/469; there are other amending instruments but none is relevant.

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

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

(a)for paragraph (1), substitute—

“(1)Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 8, for a purpose specified in                        column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of—                  

(a)paragraph 1(c) or (d) of Schedule 1 to the 2014 Regulations, or                  

(b)paragraphs 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3)                           of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,                  

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.”;                  

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

(c)for paragraph (3), substitute—

“(3)Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 8, for a purpose specified in                        column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of—                  

(a)paragraph 1(a) of Schedule 1 to the 2014 Regulations, or                  

(b)paragraphs 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority                           under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,                  

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.”;                  

(d)in paragraph (11)—

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

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

(e)in paragraph (13)—

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

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

““the 2014 Regulations” means the Explosives Regulations 2014;”;                     

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

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

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

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

#### U.K.“FEES PAYABLE IN RELATION TO THE EXPLOSIVES REGULATIONS 2014, THE ACETYLENE SAFETY (ENGLAND, WALES AND SCOTLAND) REGULATIONS                           2014 AND THE PETROLEUM (CONSOLIDATION) REGULATIONS 2014

##### **PART 1**U.K.FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENCES, TO MANUFACTURE OR TO STORE EXPLOSIVES MADE                           TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPHS 1(c) OR (d) OF SCHEDULE 1 TO THE EXPLOSIVES                           REGULATIONS 2014 OR PARAGRAPHS 1(b), 2 OR 4 OF THAT SCHEDULE IN LOCAL AUTHORITY ASSENT CASES OR WHERE NO ASSENT REQUIRED BY                           VIRTUE OF REGULATION 13(4)(b) TO (g)

###### Table 1

(b)for Part 2 substitute—

#### **“PART 2**U.K.FEES FOR APPLICATIONS FOR LICENCES, OR VARIATIONS TO, OR TRANSFER OF, LICENSES TO STORE EXPLOSIVES MADE TO LICENSING AUTHORITIES                           WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPH 1(a) OF SCHEDULE 1 TO THE 2014 REGULATIONS OR PARAGRAPH 1(b), 2 OR                           4 OF THAT SCHEDULE IN CASES WHERE LOCAL AUTHORITY ASSENT IS NOT REQUIRED BY VIRTUE OF REGULATION 13(4)(a)

##### Table 2

##### 

Note: The fee payable for a licence or renewal of a licence—                  

(a)of less than one year's duration is, respectively, the fee set out above for a licence, or renewal of a licence of one year's                           duration decreased proportionately according to the duration of the period for which the licence renewal is granted;                  

(b)of more than one but less than two years' duration is, respectively, the fee set out above for a licence, or a renewal of                           a licence of one year's duration increased proportionately according to the duration of the period for which the licence or                           renewal is granted;                  

(c)of more than two but less than three years' duration is, respectively, the fee set out above for a licence or renewal of a                           licence of two years' duration increased proportionately according to the duration of the period for which the licence or                           renewal is granted;                  

(d)of more than three but less than four years' duration is, respectively, the fee set above for a licence or renewal of a licence                           of three years' duration increased proportionately according to the duration of the period for which the licence or renewal                           is granted;                  

(e)of more than four but less than five years' duration is, respectively, the fee set out above for a licence or renewal of a                           licence of four years' duration increased proportionately according to the duration of the period for which the licence or                           renewal is granted.”; and                  

(c)for Part 8 substitute—

#### **“PART 8**U.K.FEES FOR EXPLOSIVES CERTIFICATES UNDER THE EXPLOSIVES REGULATIONS 2014

##### Table 1

##### Table 2

##### 

Note: The fee payable for an explosives certificate or renewal of an explosives certificate (“renewal”)—                  

(a)of less than one year's duration is, respectively, the fee set out above for a certificate, or renewal of an explosives certificate                           of one year's duration decreased proportionately according to the duration of the period for which the explosives certificate                           or renewal is granted;                  

(b)of more than one but less than two years' duration is, respectively, the fee set out above for an explosives certificate,                           or a renewal of an explosives certificate of one year's duration increased proportionately according to the duration of the                           period for which the explosives certificate or renewal is granted;                  

(c)of more than two but less than three years' duration is, respectively, the fee set out above for an explosives certificate                           or renewal of an explosives certificate of two years' duration increased proportionately according to the duration of the                           period for which the explosives certificate or renewal is granted;                  

(d)of more than three but less than four years' duration is, respectively, the fee set above for an explosives certificate or                           renewal of an explosives certificate of three years' duration increased proportionately according to the duration of the period                           for which the explosives certificate or renewal is granted;                  

(e)of more than four but less than five years' duration is, respectively, the fee set out above for an explosives certificate                           or renewal of an explosives certificate of four years' duration increased proportionately according to the duration of the                           period for which the explosives certificate or renewal is granted.”.                  

#### The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013U.K.

30.  The Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) (Scotland) Order 2013 F125 is amended as follows—                  

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

“10.Proceedings under the Explosives Regulations 2014 (“the 2014 Regulations”) in respect of—                  

(a)the application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the 2014                           Regulations certifying a person to be a fit and proper person to acquire or acquire and keep explosives;                  

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;                  

(c)an appeal or application to the Sheriff under regulation 22 of the 2014 Regulations against a decision taken under regulation                           19 or 21.”;                  

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

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

F125S.S.I. 2013/50, to which there are amendments not relevant to these Regulations.

#### The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013U.K.

31.  The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 F126 are amended as follows—                  

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

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

F126S.I. 2013/1471.

 Regulation 48(2) and (3)

## SCHEDULE 14U.K.REPEALS AND REVOCATIONS

### **PART 1**U.K.REPEALS

### **PART 2**U.K.REVOCATIONS

## Explanatory Note

(This note is not part of the Regulations)

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

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

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

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

5.  The provisions in regulation 38 and Schedule 8 that implement the Montreal Convention were notified in draft to the European                     Commission under the provisions of the Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical                     standards and regulations F127.U.K.

F127OJ No. L 24, 21.7.1998, p. 37, amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L 217,                              5.9.1998, p.18), Council Directive 2006/96/EC (OJ No. L. 363, 20.12.2006, p. 81) and by Regulation (EU) No. 1025/2012 of the                              European Parliament and of the Council (OJ No. L 236, 23.9.2003, p. 33).

6.  Besides making minor and drafting changes, these Regulations make a number of other changes in the consolidation. The main                     changes are as follows:U.K.

(a)registration in respect of the storage of small amounts of certain explosives is no longer possible and such storage will                        now come within the licensing regime for the storage of explosives;

(b)the storage of ammonium nitrate blasting intermediate (“ANBI” ) now requires to be licensed;

(c)a chief officer of police will also be the licensing authority for the storage of smaller amounts of certain explosives by                        a person who is a registered firearms dealer under section 33 of the Firearms Act 1968 (Schedule 1);

(d)more tables are added than under the 2005 Regulations for providing a greater number of separation distances in respect of                        the storage of explosives (regulation 27 and Schedule 5);

(e)licences for the storage of explosives granted by local authorities can now be for up to 5 years instead of two (regulation                        13(1)(a));

(f)the record keeping requirements under the 1991 Regulations have, in regulation 35, been aligned more to those applying relation                        to civil explosives under EU law in regulation 36; and

(g)in line with the two sets of amendments to the Montreal Convention on the Marking of Plastic Explosives for the Purpose of                        Detection, which are referred to in paragraph 4, firstly, ortho-mononitrotoluene (o-MNT) is no longer listed as a detection                        agent for the purpose of marking plastic explosive and, secondly, the minimum concentration of the detection agent 2,3-Dimethyl-2,3-dinitrobutane                        (DMNB) is increased to 1.0% by mass; the levels of concentration required for detection agent apply at the time of the manufacture                        of the plastic explosive (regulation 38 and Schedule 8).

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

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

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

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

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

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

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

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

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

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