Paragraph 2 Enforcement in respect of the manufacture and storage of explosives

(1)

A licensing authority is the enforcing authority for the manufacture and storage provisions—

(a)

for a site in relation to which it has granted a person a licence;

(b)

where, in relation to a deemed licence, it would have been the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence had been made under these Regulations;

(c)

where, in any case other than those mentioned in paragraphs (a) and (b)—

(i)

it would be the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence is, or should have been, made under these Regulations; or

(ii)

it would have been the licensing authority had the requirements of paragraph (1) of regulation 6 not been disapplied by paragraph (2) of that regulation or the requirements of paragraph (1) of regulation 7 not been disapplied by paragraph (2) of that regulation.

(2)

In this paragraph—

(a)

“deemed licence” means—

(i)

any licence deemed by regulation 47(1) to be a licence granted under regulation 13;

(ii)

any licence deemed to be held by a person pursuant to regulation 47(12); and

(iii)

any registration deemed by regulation 47(2) to be a licence granted under regulation 13;

(b)

“manufacture and storage provisions” means—

(i)

regulations 6, 7, 23, 26, 27 and 30 as they apply otherwise than in respect of the manufacture and storage of ammonium nitrate blasting intermediate;

(ii)

regulation 29 as it applies to the manufacture and storage of chlorate mixtures.