The Explosives Regulations 2014
2014No. 1638
HEALTH AND SAFETY
The Explosives Regulations 2014
23rdJune2014
1stJuly2014
The Secretary of State is a Minister designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) 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 -
(a) in part, regulation 8 and paragraph 15 of Schedule 11,
(b) regulations 39 to 42 and Schedules 9, 10 and 12, and
(c) 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 -
(a) 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( 3) ("the 1974 Act"); and
(b) apart from the modifications referred to in the next paragraph, for the purpose of giving effect without modifications to proposals submitted -
(i) by the Health and Safety Executive under section 11(3)( 4) of the 1974 Act after carrying out consultations in accordance with section 50(3) of the 1974 Act( 5); and
(ii) by the Office for Nuclear Regulation under section 81(1)(a)(iv) of the Energy Act 2013( 6) after carrying out consultations in accordance with section 81(3) of that Act.
It appears to the Secretary of State that-
(a) the modifications to the Acts referred to in paragraphs 2 to 8 of Part 1 of Schedule 13;
(b) 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
(c) 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.
PART1
INTRODUCTION
Citation and commencement
1. (1) These Regulations may be cited as the Explosives Regulations 2014 and, save as provided in paragraph (2), come into force on 1st October 2014.
(2) Regulations 33(7) and 36, and regulations 43 and 44 and Schedule 11 to the extent that those provisions relate to regulations 33(7) and 36, come into force on 5th April 2015.
Interpretation
2. (1) In these Regulations -
"the 1974 Act" means the Health and Safety at Work etc. Act 1974;
"the 2005 Regulations" means the Manufacture and Storage of Explosives Regulations 2005( 7);
"ammonium nitrate blasting intermediate" means a substance assigned in accordance with the United Nations Recommendations the U.N. no. 3375;
"authorised defence site" has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998( 8);
"black powder" means an intimate mixture, with or without sulphur, of charcoal or other carbon with potassium nitrate or sodium nitrate, whether the mixture is in meal, granular, compressed or pelletised form, being an explosive substance assigned in accordance with the United Nations Recommendations the U.N. no. 0027 or 0028;
"the CE marking" means the mark referred to in regulation 42(3);
"centre point", in relation to a store or a building, means the centre point of the store or building determined as far as is reasonably possible;
"chief officer of police"
(a) in relation to England and Wales, has the same meaning as in section 101(1) of the Police Act 1996( 9); and
(b) in relation to Scotland, means the person appointed to the office of chief constable under section 7(1)(a) of the Police and Fire Reform (Scotland) Act 2012( 10); and
in relation to an area, means the chief officer of police for that area;
"civil explosive" means an explosive which has been or would be classified in accordance with the United Nations Recommendations as falling within Class 1 but it does not include -
(a) ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997( 11);
(b) any explosive which it is shown is intended for lawful use by the armed forces or the police of any country;
(c) a pyrotechnic article; and
(d) an explosive which is used immediately at the place of manufacture;
"the Civil Uses Directive" means Council Directive 93/15/EECon the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses( 12) as amended by Regulation (EC) No 1882/2003of the European Parliament and of the Council of 29th September 2003( 13), Regulation (EC) No 219/2009of the European Parliament and of the Council of 11th March 2009( 14) and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012( 15);
"Class 1" means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations;
"the Commission" means the Commission of the European Union;
"desensitised explosive" means -
(a) a solid explosive substance which has been wetted with water or alcohol or diluted with one or more other substances; or
(b) a liquid explosive substance which has been dissolved or suspended in water or one or more other substances,
to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1;
"disposes", in relation to explosives and explosive-contaminated items, means destroying the explosives or explosive-contaminated items or otherwise rendering them harmless;
"distributor" means a person in the supply chain, other than a manufacturer or an importer, who makes an explosive available on the market and "distributes" and "distribution" are to be construed accordingly;
"the Executive" means the Health and Safety Executive( 16);
"explosive" means -
(a) any explosive article or explosive substance which would -
(i) if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; or
(ii) be classified in accordance with the United Nations Recommendations as -
(aa) being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and
(bb) falling within Class 1; or
(b) a desensitised explosive,
but it does not include an explosive substance produced as part of a manufacturing process which thereafter reprocesses it in order to produce a substance or preparation which is not an explosive substance;
"explosive article" means an article containing one or more explosive substances;
"explosives certificate" has the meaning given in regulation 4(1);
"explosive substance" means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is -
(a) capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or
(b) designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;
"firearm" has the meaning given in section 57(1) of the Firearms Act 1968( 17);
"fireworks" means the explosive articles assigned in accordance with the United Nations Recommendations any of the U.N. nos. 0333 to 0337;
"GB nuclear site" has the meaning given in section 68 of the Energy Act 2013( 18);
"harmonised standard" means a text setting out technical specifications adopted by the European Committee for Standardisation (CEN) under a mandate from the Commission in accordance with Directive 98/34 of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations( 19), as amended by Directive 98/48/ECof the European Parliament and of the Council of 20th July 1998( 20), Council Directive 2006/96/ECof 20th November 2006( 21) and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012( 22), and of which the reference number is published in the Official Journal of the European Communities;
"harbour" means a harbour which is within the jurisdiction of a harbour authority and includes-
(a) the areas of water within the jurisdiction of that harbour authority; and
(b) land within the jurisdiction of, or occupied by, the harbour authority and used in connection with the loading and unloading of ships,
but does not include the areas of water which are within the jurisdiction not only of the harbour authority but also of another harbour authority and which are used primarily by ships using berths within the harbour of that other harbour authority;
"harbour authority" has the meaning given in section 57 of the Harbours Act 1964( 23);
"hazard type" means any of hazard type 1 explosive, hazard type 2 explosive, hazard type 3 explosive or hazard type 4 explosive;
"hazard type 1 explosive" means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a mass explosion hazard;
"hazard type 2 explosive" means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or process of manufacture, has a serious projectile hazard but does not have a mass explosion hazard;
"hazard type 3 explosive" means an explosive which, as a result of, or as a result of any effect of, the conditions of its storage or...
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