Regulation 35 Records in relation to relevant explosives

(1)

Subject to paragraph (2), a person (“person A”) who acquires or keeps a relevant explosive must keep a record containing the information referred to in paragraph (3).

(2)

The duty imposed by paragraph (1) does not apply to—

(a)

individuals who acquire any relevant explosive, otherwise than in connection with their work, solely for their own personal use; or

(b)

a relevant explosive which is produced by mixing at any place non-explosive substances or preparations to form a relevant explosive for immediate use at that place.

(3)

The information referred to in paragraph (1) is—

(a)

the means of identifying the relevant explosive, including—

(i)

its type;

(ii)

its manufacturer;

(iii)

a description of the relevant explosive and its name, product code or other information which enables the relevant explosive to be distinguished from every other explosive to which it is not identical;

(b)

the total number of any explosive articles, the total nominal mass of explosive substance not contained in explosive articles or, in the case of such substances in cartridge form, the total number of cartridges;

(c)

the location of the relevant explosive while it is in the possession of person A;

(d)

the name and address of any person to whom the relevant explosive is transferred; and

(e)

whether, while in the possession of person A, the relevant explosive has been—

(i)

subjected to a further manufacturing process after its acquisition;

(ii)

used;

(iii)

transferred to another person; or

(iv)

destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4)

The record of that information must be kept up to date by person A.

(5)

The system applied by person A for collecting the information must be tested by person A at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6)

Person A must keep the record for a period of three years from the date when the relevant explosive concerned was used, transferred to another person or destroyed.

(7)

Person A must protect the record against accidental or malicious damage or destruction.

(8)

Person A must provide the enforcing authority with—

(a)

information as to the origin and location of each relevant explosive to which the record relates, where the enforcing authority requests it; and

(b)

the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9)

Where a business of person A which acquires or keeps any relevant explosive is to cease to trade, person A must notify the enforcing authority of that fact and offer any record still required to be kept pursuant to paragraph (6) to that authority.

(10)

In paragraph (3)(a)(iii), “name” means, in relation to an explosive article or explosive substance—

(a)

the name under which it is or is to be marketed; or

(b)

in the case of a military explosive (within the meaning of regulation 25(11)(a) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M1), the name designated in writing for that explosive article or substance by the Secretary of State having responsibility for defence.

(11)

When regulation 36 is in force, this regulation, to the extent that it concerns civil explosives to which the duty in regulation 36(1) will then apply, ceases to have effect in relation to those civil explosives.

Annotations

Marginal citations

M1: S.I. 2009/1348, to which there are amendments not relevant to these Regulations.