The Manufacture and Storage of Explosives Regulations 2005

JurisdictionUK Non-devolved
CitationSI 2005/1082

2005 No. 1082

HEALTH AND SAFETY

The Manufacture and Storage of Explosives Regulations 2005

Made 4th April 2005

Laid before Parliament 5th April 2005

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred upon him by sections 15(1), (2), (3)(a), (4), (5), (6)(b), 43(2), (4), (5) and (6), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2) and (3), 2, 3(1), 4, 5, 7, 11, 14, 15(1), 16, 18 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”) and of all other powers enabling him in that behalf —

(a) 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, and

(b) it appearing to him that the modifications to the Acts and other instruments mentioned in paragraphs 4 to 6, 7(2), (3), (5) and (7), 8(3) and (4), 9 to 13, 15 to 21, 26, 27, 29, 33, 35, 36, 39 and 43 of Schedule 5, and the repeals of the Acts marked with an asterisk in Schedule 6 are expedient as set out in section 80(1) of the 1974 Act and that it also appears to him not to be appropriate to consult bodies in respect of such modifications in accordance with section 80(4) of that Act,

hereby makes the following Regulations:

1 INTRODUCTION

PART 1

INTRODUCTION

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Manufacture and Storage of Explosives Regulations 2005 and, except as provided by paragraph (2), shall come into force on 26th April 2005.

(2) The repeal by these Regulations of sections 40(8) and 103 of the 1875 Act comes into force only with the coming into force of the repeal of section 32 of that Act by the Fireworks Act 20032.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations —

the 1875 Act” means the Explosives Act 18753;

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“ammonium nitrate blasting intermediate” means non-sensitised mixtures of, primarily, ammonium nitrate and other substances which are not themselves explosive, such as oxidisers and fuels, intended to produce a blasting explosive only after further processing prior to use and classified in accordance with the United Nations Recommendations as falling within Class 5.1;

“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 allocated in accordance with the United Nations Recommendations the U.N. nos. 0027 or 0028;

“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;

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

“desensitised explosive” means —

(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;

“the Executive” means the Health and Safety Executive;

“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 same meaning as in the Control of Explosives Regulations 19914;

“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 same meaning as it is given in section 57(1) of the Firearms Act 19685;

“fireworks” means the explosive articles allocated in accordance with the United Nations Recommendations any of the U.N. nos. 0333 to 0337;

“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 same meaning as in the Harbours Act 19646;

“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 process of manufacture, has a fire hazard and either a minor blast hazard or a minor projectile hazard, or both, but does not have a mass explosion hazard;

“hazard type 4 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 fire hazard or slight explosion hazard, or both, with only local effect;

“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 19997;

“Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employee of the Ministry of Defence attached to those forces;

“licence” means a licence for the manufacture or storage of explosives granted under regulation 13 and includes a varied licence;

“licensee” means a person who has been granted a licence under regulation 13 and includes a person to whom a licence is transferred and a person treated under regulation 21 as being licensed;

“licensing authority” has the meaning assigned to it by Schedule 1;

“local authority” means in relation to —

(a) the City of London, the Common Council for the City of London;

(b) an area in the rest of London, the London Borough Council for that area;

(c) an area where there is a fire and rescue authority, that authority;

(d) the Isles of Scilly, the Council of the Isles of Scilly;

(e) an area in the rest of England, the county council for that area or where there is no county council for that area, the district council for that area;

(f) an area in Scotland, the council for the local government area; and

(g) an area in Wales, the county council or the county borough council for that area;

“manufacture” includes —

(a) in relation to explosive articles, their repair, modification, disassembly or unmaking;

(b) in relation to explosive substances, their reprocessing, modification or adaptation;

but it does not include 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;

“mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

“non-sensitised” means giving a negative test result when subjected to Test Series 8 of the Manual of Tests and Criteria, third edition8, supporting the United Nations Recommendations;

“percussion caps” means items intended for use in small arms ammunition allocated in accordance with the United Nations Recommendations the UN nos. 0044, 0377 or 0378;

“police force”, for the purposes of regulations 3(4)(d) and (6)(b), 5(3)(d) and 27(6), includes—

(a) the police force known as the British Transport Police Force9;

(b) the special constables appointed as special constables under...

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