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The Explosives Regulations 2014

S.I. 2014/1638 · Made 23 June 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2024.

Health And Safety

Made 23rd June 2014

Laid before Parliament 1st July 2014

Coming into force in accordance with regulation 1

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the placing on the market, transfer and safety of explosives for civil use.

It appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes —

  1. (a)

    in part, regulation 8 and paragraph 15 of Schedule 11,

  2. (b)

    regulations 39 to 42 and Schedules 9, 10 and 12, and

  3. (c)

    to the extent that they relate to the provisions in (a) and (b) above, regulations 2(1), 3(4)(b) and (14) and (17) and 43 to 45,

under section 2(2) of that Act.

The Secretary of State makes the other provisions of these Regulations —

  1. (a)

    in exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (4), (5), (6)(b) and (9), 18(2)(za) and (a), 43(2), (4), (5) and (6), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2), (3) and (4), 2, 3, 4, 5, 6(1), 7, 12, 15(1), 16, 18 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 M3 (“the 1974 Act”); and

  2. (b)

    apart from the modifications referred to in the next paragraph, for the purpose of giving effect without modifications to proposals submitted —

    1. (i)

      by the Health and Safety Executive under section 11(3) M4 of the 1974 Act after carrying out consultations in accordance with section 50(3) of the 1974 Act M5; and

    2. (ii)

      by the Office for Nuclear Regulation under section 81(1)(a)(iv) of the Energy Act 2013 M6 after carrying out consultations in accordance with section 81(3) of that Act.

It appears to the Secretary of State that—

  1. (a)

    the modifications to the Acts referred to in paragraphs 2 to 8 of Part 1 of Schedule 13;

  2. (b)

    the modifications to the instruments referred to in paragraphs 11, 12, 14, 16, 18, 20, 21, 24 and 30 of Part 2 of that Schedule; and

  3. (c)

    the repeals in relation to the Acts marked with an asterisk in Part 1 of Schedule 14,

are expedient as set out in section 80(1) of the 1974 Act.

It also appears to the Secretary of State not to be appropriate to consult bodies in respect of those modifications and repeals in accordance with section 80(4) of the 1974 Act.

Annotations to the whole text

Marginal citations

M1

S.I. 1993/2661, to which there are amendments not relevant to these Regulations.

M2

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

M3

1974 c. 37; section 15 was amended by Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 6, the Criminal Law Act 1977 (c. 45), Schedule 12, the Offshore Safety Act 1992 (c. 15), section 4, the Health and Safety (Offences) Act 2008 (c. 20), Schedules 3 and 4, the Energy Act 2013 (c. 32), Schedule 12, paragraph 5, S.I. 2002/794 and S.I. 2008/960. There are other amendments to section 15 not relevant to these Regulations. Section 18(2) was amended by the Energy Act 2013, Schedule 12, paragraph 6. Section 43(6) was substituted by the Employment Protection Act 1975, Schedule 15, paragraph 12 and amended by S.I. 2002/794. Paragraph 2 of Schedule 3 was amended by the Customs and Excise Management Act 1979 (c. 2), Schedule 4, paragraph 12.

M4

Section 11 was substituted by S.I. 2008/960 and amended by the Energy Act 2013 (c.32), Schedule 12, paragraph 2.

M5

Section 50(3) was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 16(3), the Health and Social Care Act 2012 (c. 7), Schedule 7, paragraphs 4 and 6, the Energy Act 2013 (c. 32), Schedule 12, paragraph 11 and S.I. 2008/960.

M6

2013 c. 32.

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AInterpretation: designated standard
  5. 3Application and extent
  6. Part 2: AUTHORISATIONS
  7. 4Authorisation to acquire or acquire and keep explosives
  8. 5Regulation 5
  9. 6Authorisation to manufacture explosives
  10. 7Authorisation to store explosives
  11. 8Authorisation to transfer civil explosives
  12. 9Prohibition concerning the acquisition and supply of fireworks
  13. Part 3: DEFENCES IN RELATION TO REGULATIONS 5 TO 7
  14. 10Defence
  15. Part 4: APPLICATIONS FOR AND GRANT OF AUTHORISATIONS
  16. 11Application for and issuing of an explosives certificate to acquire or acquire and keep any relevant explosive
  17. 12Applications for licences to manufacture or store explosives
  18. 13Grant of licences
  19. 14Local authority assent procedure in relation to licence applications
  20. 15Registers and retention of documents
  21. Part 5: VARIATION AND TRANSFER OF AUTHORISATIONS TO MANUFACTURE OR STORE EXPLOSIVES AND DEATH, BANKRUPTCY OR INCAPACITY OF A LICENSED PERSON
  22. 16Variation of licences
  23. 17Transfer of licences
  24. 18Death, bankruptcy or incapacity of a licensee
  25. Part 6: REFUSALS OF AUTHORISATIONS
  26. 19Refusal of an explosives certificate
  27. 20Refusal of a licence and draft licence and refusal of a renewal or transfer of a licence
  28. Part 7: REVOCATION OF AUTHORISATIONS AND APPEALS AGAINST CERTAIN DECISIONS
  29. 21Revocation and expiry of an explosives certificate
  30. 22Appeals and applications to the Crown Court or Sheriff
  31. 23Revocation of a licence
  32. Part 8: LICENCES FOR SITES WHICH CEASE TO BE, OR BECOME, ONR REGULATED SITES
  33. 24Licences for sites which cease to be ONR regulated sites
  34. 25Licences for sites which become ONR regulated sites
  35. Part 9: SAFETY OF EXPLOSIVES
  36. 26Fire and explosion measures
  37. 27Separation distances
  38. 28Discarding or disposing of explosives and decontamination of explosive-contaminated items
  39. 29Prohibitions concerning manufacture, storage and importation of certain explosives
  40. Part 10: SECURITY OF EXPLOSIVES: PREVENTING UNAUTHORISED ACCESS OR ACQISITION
  41. 30Unauthorised access
  42. 31Prohibitions concerning the transfer of relevant explosives
  43. 32Restrictions on prohibited persons
  44. Part 11: SECURITY OF EXPLOSIVES: TRACEABILITY, RECORDS AND REPORTING LOSS
  45. 33Unique identification of civil explosives
  46. 34Attribution of manufacturing site codes for civil explosives
  47. 35Records in relation to relevant explosives
  48. 36Records in relation to civil explosives
  49. 37Reporting loss
  50. Part 12: SECURITY PROVISIONS IN RELATION TO PLASTIC EXPLOSIVES
  51. 38Prohibitions in relation to unmarked plastic explosive
  52. Part 13: SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORS, SUB-PART B: CONFORMITY ASSESSMENT BODIES, SUB-PART C: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES
  53. SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORS
  54. 39Design and manufacture in accordance with essential safety requirements
  55. 40Technical documentation and conformity assessment
  56. 41Declaration of conformity and UK marking
  57. 42Retention of technical documentation and ... declaration of conformity
  58. 43Compliance procedures for series production
  59. 44Traceability of certain civil explosives excluded from the scope of regulations 33, 34 and 36
  60. 45Instructions and safety information
  61. AUTHORISED REPRESENTATIVES
  62. 46Appointment of authorised representative by written mandate
  63. IMPORTERS
  64. 47Prohibition on placing on the market civil explosives which are not in conformity
  65. 48Requirements which must be satisfied before an importer places a civil explosive on the market
  66. 49Prohibition on placing on the market civil explosives considered not to be in conformity with the essential safety requirements
  67. 50Information identifying importer
  68. 51Instructions and safety information
  69. 52Retention of technical documentation and ... declaration of conformity
  70. MANUFACTURERS AND IMPORTERS
  71. 53Duty to take action in respect of civil explosives placed on the market which are considered not to be in conformity
  72. 54Provision of information and cooperation
  73. DISTRIBUTORS
  74. 55Duty to act with due care
  75. 56Requirements which must be satisfied before a distributor makes a civil explosive available on the market
  76. 57Prohibition on making available on the market where civil explosive considered not to be in conformity with the essential safety requirements
  77. 58Duty to take action in respect of civil explosives made available on the market which are not in conformity
  78. 59Provision of information and cooperation
  79. IMPORTERS AND DISTRIBUTORS
  80. 60Storage and transport
  81. 61Cases in which obligations of manufacturers apply to importers and distributors
  82. ALL ECONOMIC OPERATORS
  83. 62Translation of declaration of conformity Repealed
  84. 63Identification of economic operators
  85. 64Prohibition on improper use of UK marking
  86. 64AObligations which are met by complying with obligations in the Directive
  87. 64BConformity assessment procedure obligation which is met by complying with the Directive
  88. 64CFurther use of the UK marking
  89. 64DQualifying Northern Ireland Goods
  90. SUB-PART B: CONFORMITY ASSESSMENT
  91. 65Presumption of conformity
  92. 66Conformity assessment procedures
  93. 67Declaration of conformity
  94. 68UK marking
  95. SUB-PART C: Approval of Conformity Assessment Bodies
  96. 69Approved bodies
  97. 70Approval of conformity assessment bodies
  98. 71Presumption of conformity of approved bodies
  99. 72Monitoring
  100. 73Restriction, suspension or withdrawal of approval
  101. 74Operational matters in relation to approved bodies
  102. 75Subsidiaries and contractors
  103. 76Register of approved bodies
  104. 77UK national accreditation body
  105. Part 14: ENFORCEMENT OF THE REGULATIONS
  106. 78Enforcement within Great Britain
  107. 79Enforcement outside Great Britain
  108. 80Enforcement in relation to regulation 8 and Part 13, market surveillance and further matters
  109. Part 15: POWER TO GRANT EXEMPTIONS AND MISCELLANEOUS PROVISIONS
  110. 81Exemptions
  111. 82Savings and transitional provisions
  112. 82ATransitional provision in relation to EU Exit
  113. 83Repeals, revocations and amendments
  114. 84Review
  115. Signature
  116. Schedule 1: MEANING OF “LICENSING AUTHORITY”
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. 3Paragraph 3
  120. 4Paragraph 4
  121. 5Paragraph 5
  122. Schedule 2: EXPLOSIVES NOT REQUIRING AN EXPLOSIVES CERTIFICATE
  123. 1LIST OF EXPLOSIVES
  124. Part 2: FURTHER LIST OF EXPLOSIVES
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. 6Paragraph 6
  131. 7Paragraph 7
  132. 8Paragraph 8
  133. 9Paragraph 9
  134. 10Paragraph 10
  135. 11Paragraph 11
  136. 12Paragraph 12
  137. 13Paragraph 13
  138. 14Paragraph 14
  139. 15Paragraph 15
  140. 16Paragraph 16
  141. Schedule 3: PYROTECHNIC ARTICLES REQUIRING AN EXPLOSIVES CERTIFICATE
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. Schedule 4: REGISTERS
  148. 1Paragraph 1
  149. 2Paragraph 2
  150. 3Paragraph 3
  151. 4Paragraph 4
  152. 5Paragraph 5
  153. 6Paragraph 6
  154. 7Paragraph 7
  155. 8Paragraph 8
  156. 9Paragraph 9
  157. 10Paragraph 10
  158. 11Paragraph 11
  159. Schedule 5: SEPARATION DISTANCES
  160. 1Paragraph 1
  161. 2Paragraph 2
  162. 3Paragraph 3
  163. 4Paragraph 4
  164. 5Paragraph 5
  165. 6Paragraph 6
  166. 7Paragraph 7
  167. 8Paragraph 8
  168. Schedule 6: UNIQUE IDENTIFICATION FOR CIVIL EXPLOSIVES
  169. 1Paragraph 1
  170. 2Paragraph 2
  171. Schedule 7: MARKING OR AFFIXING THE UNIQUE IDENTIFICATION TO CIVIL EXPLOSIVES
  172. 1Cartridged explosives and explosives in sacks
  173. 2Packaged two-component explosives
  174. 3Plain detonators
  175. 4Electric, non-electric and electronic detonators
  176. 5Primers and boosters
  177. 6Detonating cords
  178. 7Cans, boxes and drums containing explosives
  179. 8Civil explosives not referred to in paragraphs 1 to 7
  180. 9General
  181. 10Small explosive articles
  182. Schedule 8: MEANING OF “PLASTIC EXPLOSIVE” AND “DETECTION AGENT”
  183. Part 1: PLASTIC EXPLOSIVE
  184. 1Paragraph 1
  185. 2Paragraph 2
  186. 3Paragraph 3
  187. 2DETECTION AGENTS
  188. Schedule 9: ESSENTIAL SAFETY REQUIREMENTS
  189. Paragraph Repealed
  190. Part 1: GENERAL REQUIREMENTS
  191. 1Paragraph 1
  192. 2Paragraph 2
  193. 3Paragraph 3
  194. Part 2: SPECIAL REQUIREMENTS
  195. 4Paragraph 4
  196. 5Paragraph 5
  197. Schedule 10: CONFORMITY MARKING Repealed
  198. Paragraph Repealed
  199. Paragraph Repealed
  200. Schedule 11: ENFORCEMENT WITHIN GREAT BRITAIN
  201. Part 1: INTRODUCTORY
  202. 1Paragraph 1
  203. Part 2: ENFORCEMENT OF PROVISIONS
  204. 2Enforcement in respect of the manufacture and storage of explosives
  205. 3Paragraph 3
  206. 4Paragraph 4
  207. 5Enforcement in respect of discarding, disposal and decontamination
  208. 6Paragraph 6
  209. 7Enforcement in respect of import of chlorate mixtures
  210. 8Enforcement in respect of acquisition and supply of fireworks
  211. 9Enforcement in respect of explosives certificates and access to relevant explosives
  212. 10Enforcement in respect of identification and traceability
  213. 11Paragraph 11
  214. 12Enforcement in respect of record keeping
  215. 13Paragraph 13
  216. 14Enforcement in respect of unmarked plastic explosives
  217. 15Enforcement in respect of transfers, and the placing on the market, of civil explosives
  218. Schedule 12: ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES, MARKET SURVEILLANCE, COMPLIANCE, WITHDRAWAL AND RECALL NOTICES, DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT
  219. Part 1: ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES AND MARKET SURVEILLANCE
  220. 1Enforcement powers, market surveillance and designation of market surveillance authority
  221. 2Enforcement powers, market surveillance and designation of market surveillance authority
  222. 3Enforcement powers, market surveillance and designation of market surveillance authority
  223. 4Enforcement powers, market surveillance and designation of market surveillance authority
  224. 5Enforcement powers, market surveillance and designation of market surveillance authority
  225. 6Enforcement powers, market surveillance and designation of market surveillance authority
  226. 7Enforcement powers, market surveillance and designation of market surveillance authority
  227. 8Evaluation of civil explosives presenting a risk
  228. 9Enforcement action in respect of civil explosives which are not in conformity and which present a risk
  229. 10EU safeguarding procedure Repealed
  230. 11Enforcement action in respect of civil explosives which are in conformity, but present a risk
  231. 12Enforcement action in respect of formal non-compliance
  232. 13Restrictive measures
  233. Part 2: COMPLIANCE, WITHDRAWAL AND RECALL NOTICES
  234. 14Compliance, withdrawal and recall notices
  235. 15Compliance notice
  236. 16Withdrawal notice
  237. 17Recall notice
  238. 18Compliance with a withdrawal or recall notice
  239. 19Interpretation
  240. Part 3: DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT
  241. 20Defence of due diligence
  242. 21Service of a compliance, withdrawal or recall notice or a defence of due diligence notice
  243. 22Action by enforcing authority
  244. 23Appeals against notices
  245. 24Appropriate court for appeals against notices
  246. Schedule 13: AMENDMENTS
  247. Part 1: AMENDMENTS TO PRIMARY LEGISLATION
  248. 1Explosives Act 1875
  249. 2London Building Act 1930
  250. 3Fireworks Act 1951
  251. 4Customs and Excise Management Act 1979
  252. 5Isle of Man Act 1979
  253. 6Environmental Protection Act 1990
  254. 7Fireworks Act 2003
  255. 8Energy Act 2013
  256. Part 2: AMENDMENTS TO SECONDARY LEGISLATION
  257. 9The Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969
  258. 10The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974
  259. 11The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  260. 12The Isles of Scilly (Functions) Order 1979
  261. 13The Dangerous Substances in Harbour Areas Regulations 1987
  262. 14The Planning (Hazardous Substances) Regulations 1992
  263. 15Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993
  264. 16The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
  265. 17The Health and Safety (Enforcing Authority) Regulations 1998
  266. 18The Visiting Forces and International Headquarters (Application of Law) Order 1999
  267. 19The Quarries Regulations 1999
  268. 20Building (Scotland) Regulations 2004
  269. 21The REACH Enforcement Regulations 2008
  270. 22The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009
  271. 23The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
  272. 24The Building Regulations 2010
  273. 25The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011
  274. 26The Health and Safety (Fees) Regulations 2012
  275. 27Paragraph 27
  276. 28Paragraph 28
  277. 29Paragraph 29
  278. 30The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
  279. 31The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
  280. Schedule 14: REPEALS AND REVOCATIONS
  281. 1REPEALS
  282. 2REVOCATIONS
  283. Schedule 15: APPROVED BODY REQUIREMENTS
  284. 1Paragraph 1
  285. 2Paragraph 2
  286. 3Paragraph 3
  287. 4Paragraph 4
  288. 5Paragraph 5
  289. 6Paragraph 6
  290. 7Paragraph 7
  291. 8Paragraph 8
  292. 9Paragraph 9
  293. 10Paragraph 10
  294. 11Paragraph 11
  295. 12Paragraph 12
  296. 13Paragraph 13
  297. 14Paragraph 14
  298. 15Paragraph 15
  299. 16Paragraph 16
  300. 17Paragraph 17
  301. Schedule 16: OPERATIONAL OBLIGATIONS OF APPROVED BODIES
  302. 1Paragraph 1
  303. 2Paragraph 2
  304. 3Paragraph 3
  305. 4Paragraph 4
  306. 5Paragraph 5
  307. 6Paragraph 6
  308. 7Paragraph 7
  309. 8Paragraph 8
  310. 9Paragraph 9
  311. 10Paragraph 10
  312. 11Paragraph 11
  313. 12Paragraph 12
  314. 13Paragraph 13
  315. Schedule 17: CONFORMITY ASSESSMENT PROCEDURES
  316. Part 1: TYPE EXAMINATION (MODULE B)
  317. 1Paragraph 1
  318. 2Paragraph 2
  319. 3Paragraph 3
  320. 4Paragraph 4
  321. 5Paragraph 5
  322. 6Paragraph 6
  323. 7Paragraph 7
  324. 8Paragraph 8
  325. 9Paragraph 9
  326. 10Paragraph 10
  327. Part 2: CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCT CHECKS AT RANDOM INTERVALS (MODULE C2)
  328. 11Paragraph 11
  329. 12Manufacturing
  330. 13Product checks
  331. 14UK marking and declaration of conformity
  332. 15Authorised representative
  333. Part 3: CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF THE PRODUCTION PROCESS (MODULE D)
  334. 16Paragraph 16
  335. 17Manufacturing
  336. 18Quality system
  337. 19Paragraph 19
  338. 20Paragraph 20
  339. 21Paragraph 21
  340. 22Surveillance under the responsibility of the approved body
  341. 23UK marking and declaration of conformity
  342. 24Paragraph 24
  343. 25Paragraph 25
  344. 26Paragraph 26
  345. 27Authorised representative
  346. Part 4: CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE (MODULE E)
  347. 28Paragraph 28
  348. 29Manufacturing
  349. 30Quality system
  350. 31Paragraph 31
  351. 32Paragraph 32
  352. 33Surveillance under the responsibility of the approved body
  353. 34UK marking and declaration of conformity
  354. 35Paragraph 35
  355. 36Paragraph 36
  356. 37Authorised representative
  357. Part 5: CONFORMITY TO TYPE BASED ON PRODUCT VERIFICATION (MODULE F)
  358. 38Paragraph 38
  359. 39Manufacturing
  360. 40Verification
  361. 41Verification of conformity by examination and testing of every product
  362. 42Statistical verification of conformity
  363. 43UK marking and declaration of conformity
  364. 44Authorised representative
  365. Part 6: CONFORMITY BASED ON UNIT VERIFICATION (MODULE G)
  366. 45Paragraph 45
  367. 46Technical documentation
  368. 47Manufacturing
  369. 48Verification
  370. 49UK marking and declaration of conformity
  371. 50Authorised representative
  372. Schedule 18DECLARATION OF CONFORMITY
  373. 1Paragraph 1
  374. 2Paragraph 2
  375. 3Paragraph 3
  376. 4Paragraph 4
  377. 5Paragraph 5
  378. 6Paragraph 6
  379. 7Paragraph 7
  380. 8Paragraph 8
  381. Explanatory note