Regulation 16 Variation of licencesF1I1
United Kingdom
The licensing authority which grants a licence may vary it —
where there has been a change in circumstances such that the separation distances can no longer be maintained and a consequent reduction in the maximum amount of explosive that may be stored is required;
(where the Executive F2or the ONR is the licensing authority in cases where the assent of the local authority was required pursuant to regulation 13(3) F3, or in cases where that assent was not required by virtue of regulation 13(4)(e) or (f), before the grant of the licence) where there has been a material change in circumstances so that a variation is necessary to ensure safety; or
in relation to any of the matters it relates to, by agreement with the licensee.
A licence may be varied on the grounds referred to in paragraph (1)(a) or (b) without the agreement of the licensee, subject to regulation 18.
The licensing authority which grants a registration may vary it —
where there has been a change of circumstances such that the separation distances can no longer be maintained and a consequent reduction in the amount of explosives that may be stored is required so as to reduce that amount to a quantity specified by the licensing authority which is below the maximum amount referred to in regulation 11(1) for the kind or kinds of explosives concerned;
so as to change the period for which the registration is in force; and
in relation to any of the matters it relates to, by agreement with the person registered.
A registration may be varied on the grounds referred to in paragraph (2A)(a) and (b) without the agreement of the person who is registered, subject to regulation 18.
Where the Executive F5or the ONR is the licensing authority in cases where the assent of the local authority—
was required under regulation 13(3) before the grant of the licence, or
would have been so required but for the operation of regulation 27(4) or (13),
the provisions of regulation 14 shall apply in respect of a proposed variation referred to in paragraph (4).
A proposed variation for the purposes of paragraph (3) is one which —
relates to changes in the permitted quantities or types of explosive as a result of which the licensee could be required to maintain a separation distance greater than the separation distance required before the variation and, in the opinion of the Executive or the local authority concerned, significant new health and safety issues are raised by that proposed variation;
would increase the period of the licence by more than twelve months; or
would remove the period of the licence so that it would be unlimited as to time,
and the Executive F6or (as the case may be) the ONR shall refuse to grant a varied licence unless the local authority, or each local authority in the case referred to in regulation 13(3), has so assented.
In this regulation any reference to varying a licence includes varying its conditions.
Annotations
Textual amendments
- F1
Regulations revoked (with savings) (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 14 Pt. 2 (with reg. 47)
- F2
Words in reg. 16(1)(b) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 119(2) (with Sch. 4)
- F3
Words in reg. 16(1)(b) inserted (6.4.2009) by The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(10)(a)
- F4
Reg. 16(2A)(2B) inserted (6.4.2009) by The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(10)(b)
- F5
Words in reg. 16(3) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 119(3) (with Sch. 4)
- F6
Words in reg. 16(4) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 119(4) (with Sch. 4)
Commencement
- I1
Reg. 16 in force at 26.4.2005, see reg. 1(1)