Regulation 4 Cases to which these Regulations do not apply

(1)

These Regulations shall not apply to an article, substance, combination or unit load—

(a)

which complies with the classification and labelling requirements imposed in respect of it by or under the Explosives Act 1875, but this exception shall not apply after 1st November 1988, other than to the keeping of articles and substances manufactured, and combinations and unit loads formed, before 1st November 1983; or

(b)

which is conveyed, kept or supplied solely in connection with an application for its classification; or

(c)

which has not been classified and—

(i)

is the subject of, or is used in, a research project, and

(ii)

is not kept at, or conveyed through, any place to which persons not employed in, or otherwise concerned with, the project have access; or

(d)

which is in transit on any aircraft, vessel or hovercraft, if—

(i)

it is not to be unloaded in the United Kingdom, and

(ii)

notification of its nature is given, before it enters the United Kingdom, to the airport manager, harbour master or person in charge of the hoverport, at the place at which it is to land or berth, except that such notification need not be given in the case of articles lawfully carried on board for the purpose of safety or in relation to anything carried on board a warship; or

(e)

which is being transhipped from one aircraft, vessel or hovercraft to another for the purpose of being conveyed to a place outside the United Kingdom provided that there is compliance with the appropriate classification and labelling provisions of the International Maritime Dangerous Goods Code or the Technical Instructions for the Safe Transport of Dangerous Goods by Air, both as revised or re-issued from time to time and published respectively by the International Maritime Organisation and the Council of the International Civil Aviation Organisation; or

(f)

which is being lawfully carried on the person, or in the baggage, of a passenger or member of the crew on an aircraft, vessel or hovercraft or in transit between one aircraft, vessel or hovercraft and another; or

(g)

which is undergoing explosive ordnance disposal, other than dumping at sea, under the directions of a member of Her Majesty's forces or a constable.

(2)

These Regulations shall not apply to an article or substance—

(a)

which is in the process of manufacture, including any examination or testing carried out at the place of manufacture; or

(b)

which has been removed from its packaging for the purpose of immediate use.

(3)

These Regulations shall not apply to fireworks, small arms ammunition or combinations in the same packaging of fireworks or small arms ammunition that—

(a)

are kept or supplied by the retailer thereof; or

(b)

have been obtained from such a person.

(4)

These Regulations shall not apply to any explosive nuclear device or any component thereof.