Paragraph 4

After regulation 12 there shall be added the following regulation—

“12A

In any proceedings for an offence—

(a)

consisting of a contravention of regulation 3(2)(b), 6 or 9; and

(b)

which was committed on or after 1st January 1997 and before 1st January 1999,

it shall be a defence for the accused to prove that—

(c)

the explosives were labelled on or before 31st December 1996 in accordance with these Regulations as in force on that date;

(d)

the labelling has not been altered or removed;

(e)

it has not at any time since 31st December 1996 been reasonably practicable to re-label the explosives; and

(f)

in the case of packaged explosives—

(i)

the explosives were packaged on or before 31st December 1996 in accordance with the Packaging of Explosives for Carriage Regulations 1991,

(ii)

the explosives have not been removed from their package since they were packaged, and

(iii)

it has not at any time since 31st December 1996 been reasonably practicable to repackage the explosives.”.