Paragraph 108 Ammonium Nitrate Materials (High Nitrate Content) Safety Regulations 2003

Regulation 11 of the Ammonium Nitrate Materials (High Nitrate Content) Safety Regulations 2003 M1 (enforcing authorities) is amended as follows.

In paragraphs (1), (2) and (3) for “paragraph (4)” substitute “ paragraph (4) or (5) ”.

At the start of paragraph (4) insert “ Subject to paragraph (5), ”.

After paragraph (4) insert—

“(5)

It shall be the duty of the Office for Nuclear Regulation to enforce these Regulations (including compliance by any person with any conditions imposed on that person by or under regulation 10(2)) as they apply on, or in relation to, any site, or any activities carried out on a site, which is—

(a)

an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or

(b)

a new nuclear build site (within the meaning given in regulation 2A of those Regulations).

(6)

Nothing in this regulation affects the application of section 18(1A) of the Health and Safety at Work etc. Act 1974.”.