Regulation 10 Exemption for relevant ammonium nitrate material for use other than as a fertiliser
England, Wales and Scotland
The Executive may, by certificate in writing, grant an exemption to any person from the requirements and prohibitions contained in regulations 3, 4, 5, 6 and 9 apart from any requirement to keep records, if that person has applied for it by notifying the Executive in writing either—
that any sample of any relevant ammonium nitrate material which he manufactures, imports, supplies or keeps would be unlikely to pass the detonation resistance test, or
that any sample of a particular type of relevant ammonium nitrate material which he manufactures, imports, supplies or keeps, as the case may be, would be unlikely to pass the detonation resistance test.
An exemption granted pursuant to paragraph (1) shall be subject to—
in a case—
covered by paragraph (1)(a), the condition that no such relevant ammonium nitrate material shall be supplied or used by him or on his behalf as a fertiliser; and
covered by paragraph (1)(b), the condition that the particular type of relevant ammonium nitrate material shall not be supplied or used by him or on his behalf as a fertiliser; and
any other conditions that the Executive may impose.
The Executive may, at any time, by certificate in writing, vary or revoke a certificate granted pursuant to paragraph (1).
The Executive shall keep a record of persons who have been granted an exemption under this regulation.
A person who has applied to the Executive for an exemption as referred to in paragraph (1), and who is awaiting the result of his application, shall be treated as having the benefit of the exemption applied for, subject to the relevant condition referred to in paragraph (2)(a), up to the F1date at which the exempting certificate is issued.
Annotations
Textual amendments
- F1
Words in reg. 10(5) substituted (12.3.2019) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(2), 2(9)