Explosives Act 1875 etc. (Metrication and Miscellaneous Amendment) Regulations 1984

JurisdictionUK Non-devolved
CitationSI 1984/510
Year1984

1984 No. 510

HEALTH AND SAFETY

The Explosives Act 1875 etc. (Metrication and Miscellaneous Amendment) Regulations 1984

Made 3rd April 1984

Laid before Parliament 16th April 1984

Coming into Operation 8th May 1984

The Secretary of State, in exercise of the powers conferred on him by sections 15(1) and (3)(a), 49(1) , (2) and (4) and 82(3)(a) of, and paragraphs 1(4), 3 and 4(1) of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”) and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Explosives Act 1875 etc. (Metrication and Miscellaneous Amendment) Regulations 1984 and shall come into operation on 8th May 1984.

(2) In these Regulations “” means —

(a)

(a) the Explosives Act 1875,

(b)

(b) the Order in Council (No. 16B) under the Explosives Act 1875, amending Order in Council of October 26 1896 (No. 16), relating to the keeping of Mixed Explosives on Registered Premises2(“Order in Council No. 16B”),

(c)

(c) the Packing of Explosive for Conveyance Rules 19493,

(d)

(d) the Ammonium Nitrate Mixtures Exemption Order 1967, and

(e)

(e) the Orders in Council and orders specified in column 1 of Schedule 1 to these Regulations.

S-2 Amendments to the principal instruments

Amendments to the principal instruments

2. The provisions of the principal instruments specified in Schedule 1 to these Regulations in column 1 shall be amended by substituting for the measurements set out opposite thereto in column 3, the measurements set out in the corresponding entry in column 4.

S-3 Amendments to Order in Council No. 16B and to the Packing of Explosive for Conveyance Rules 1949

Amendments to Order in Council No. 16B and to the Packing of Explosive for Conveyance Rules 1949

3. Wherever in either—

(a) Articles (1) to (3) of Order in Council No. 16B which specify the maximum quantity of explosive allowed to be kept on premises registered for the keeping of mixed explosives; or

(b) the Schedule to the Packing of Explosive for Conveyance Rules 1949 which specifies the methods of packing authorised explosives;

there appears any imperial measurement of weight or distance which is specified in Schedule 2 to these Regulations in column 1, there shall be substituted the metric measurement specified in the corresponding entry in column 2.

S-4 Additional amendments to Order of Secretary of State No. 11

Additional amendments to Order of Secretary of State No. 11

4. The Order of the Secretary of State (No. 11), dated September 20 1924, making Byelaws as to the Conveyance of Explosives on Roads and in certain special cases4shall be amended as follows—

(a) in regulation (m) of byelaw 4 (which provides for approval by the Secretary of State of conditions for the conveyance of explosive in certain carriages and boats) by substituting for the words the words ;

(b) in regulation (p) of byelaw 4 by substituting for the measurement5(which measurement is the maximum amount of explosive to be conveyed in an enclosed carriage otherwise than on a private railway) the measurement

S-5 Amendments to the Ammonium Nitrate Mixtures Exemption Order 1967

Amendments to the Ammonium Nitrate Mixtures Exemption Order 1967

5. Article 2 of the Ammonium Nitrate Mixtures Exemption Order 1967 (which article describes a test by which an explosive is to be a prescribed explosive for the purposes of section 50 of the Explosives Act 1875) shall be amended by substituting for the measurements—

(a) the measurement ;

(b) the measurement ;

(c) the measurement .

S-6 Application to premises and plant in existence or under construction

Application to premises and plant in existence or under construction

6. Where any premises or plant in existence or under construction immediately before the coming into operation of these Regulations complied with the requirements of the principal instruments as then in force, those premises or that plant shall be deemed to comply with the principal instruments as amended by these Regulations.

S-7 Revocation

Revocation

7. The Explosives (Conveyance) (Private Railways) Byelaws 1960 are hereby revoked.

John Selwyn Gummer

Minister of State

Department of Employment

3rd April 1984

SCHEDULE 1

Regulation 2

AMENDMENTS TO PROVISIONS

1

2

3

4

Provisions to be amended

Subject-matter of measurement

Present measurement

Substituted measurement

EXPLOSIVES ACT 1875

Parts I , II and III

Section 5: (proviso (1))

Maximum amount of gunpowder to which the section does not apply, if kept for private use and not for sale

thirty pounds

15 kilograms

Section 7

Area for service of notice on local and harbour authorities

one mile

1.6 kilometres

Section 16(3)

Maximum amount of gunpowder to be kept in certain stores

two tons

2,000 kilograms

Section 17: General Rule No. (5)

Amount of gunpowder below which stores need not have a lightning conductor

one thousand pounds

500 kilograms

Section 22: General Rule No. (2)(a)

Maximum amount of gunpowder allowed in certain registered premises

two hundred pounds

100 kilograms

Section 22: General Rule No. (2)(b)

Maximum amount of gunpowder allowed in other registered premises—

fifty pounds

25 kilograms

but if in fire-proof safe

one hundred pounds

50 kilograms

Section 22: General Rule No. (5)

Amount above which gunpowder shall be kept in a substantial receptacle

one pound

500 grams

Section 24

Designated area deemed to be part of a building

twenty yards

20 metres

Additional quantity of gunpowder allowed in a factory under certain conditions

ten hundred weight

500 kilograms

Section 32

Amount above which gunpowder shall be sold in a substantial receptacle

one pound

500 grams

Section 46: regulation (1)

Maximum amount of gunpowder allowed in cartridge filling room

five pounds

2 kilograms

Section 47: regulation (1)

Maximum amount of gunpowder allowed in certain workshops

one hundred pounds

50 kilograms

Section 48: paragraph (a)

Maximum amount of explosive allowed in small firework factory

one hundred pounds

50 kilograms

Section 48: paragraph (b)

Maximum amount of manufactured fireworks allowed in small firework factory

five hundred pounds

250 kilograms

Section 48: paragraph (c)

Maximum amount of coloured fires or stars allowed in small firework factory

twenty-five pounds

12 kilograms

Section 63

Amount of gunpowder above which a related accident is notifiable in certain cases

half a ton

500 kilograms

First Schedule: Part One

Regulation (1)

Maximum quantity of gunpowder allowed under mill stones in certain circumstances at one time

fifty pounds

25 kilograms

sixty pounds

30 kilograms

Regulation (2)

Maximum quantity of gunpowder allowed to under press at one time

ten hundred weight

500 kilograms

Regulation (3)

Maximum quantity of gunpowder allowed to be granulated at one time

twelve hundred weight

600 kilograms

Regulation (4)

Maximum quantity of gunpowder allowed to be dried at one time

fifty hundred weight

2,500 kilograms

Regulation (5)

Minimum distance between press houses etc. and expense magazines

forty yards

35 metres

Regulation (6)

Minimum distance between mill and factory magazine

one hundred and forty yards

125 metres

Regulation (7)

Minimum distance for charcoal from a mill, press or magazine

20 yards

20 metres

First Schedule : Part Two

Regulation (2)

Maximum amount of gunpowder allowed in a well constructed store

four thousand pounds

2,000 kilograms

Maximum amount of gunpowder allowed in other stores

three hundred pounds

150 kilograms

Regulation (3)

Amount of gunpowder in certain stores

three hundred pounds

150 kilograms

Distance within which store shall be from mine, quarry, etc.

two hundred yards

180 metres

Minimum distance from house of store

two hundred yards

180 metres

Regulation (5)

Amount of gunpowder in certain stores

three hundred pounds

150 kilograms

Distance within which store shall be from mine, quarry etc.

two hundred yards

180 metres

Minimum distance from house of store

two hundred yards

180 metres

Regulation (6)

Minimum distance from the City of London or Westminster of store

three miles

5 kilometres

Minimum distance from borough or market town of store

one mile

1.6 kilometres

Minimum distance from Royal residence of store

two miles

3 kilometres

Minimum distance from Crown magazine of store

two miles

3 kilometres

Minimum distance from parish church of store

half a mile

800 metres

Order in Council (No. 1) Classifying Explosives6

Class 7 (proviso)

Maximum quantity of coloured fire composition in deemed

one pound

500 grams

Order in Council (No. 3) relating to Magazines for Explosives other than Gunpowder, whether with or without Gunpowder7

Part II

Maximum amount of gunpowder allowed in cartridge filling room (all references)

5 lbs.

2 kilograms

Maximum amount of other explosive allowed in cartridge filling room

5 lbs.

2 kilograms

Part III

Maximum amount of gunpowder allowed in workshop (all references)

100 lbs.

50 kilograms

Maximum amount of other explosive allowed in workshop

100 lbs.8

50 kilograms

Order in Council (No. 4) relating to Small Firework Factories9

Part II

Preamble: paragraph 3

Maximum amount of gunpowder to be kept in stores

two tons

2,000 kilograms

Article 4

Minimum distance of danger building from other buildings

25 yards

25 metres

Provisos to Article 4

Reduced distance for screened and protected building

12 yards

12 metres

Exception for certain magazines

25 yards

25 metres

Article 6

Distance, greater than which, a factory of Division A shall be from—

works of Class 1

25 yards

25 metres

works of Class 2

50 yards

50 metres

works of Class 3

¼ mile

400 metres

Royal residences

½ mile

800 metres

...

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