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Regulation 5 Separation distancesF1I1

United Kingdom

(1)

Subject to paragraphs (2) and (3), every person who stores explosives at a site shall ensure that the relevant separation distance prescribed by Schedule 2 is maintained between a store and a building or other place not within that site to which that Schedule applies.

(F22)

Paragraph (1) shall not apply to —

(a)

desensitised explosives; or

(b)

explosives which are stored under a licence granted by the Executive F3or the ONR in cases —

(i)

where the assent of the local authority was required pursuant to regulation 13(3); or

(ii)

where that assent was not required by virtue of regulation 13(4)(c), (e) or (f);

(3)

Paragraph (1) shall not apply to the storage of explosives where the total quantity of explosives stored at a site, excluding, in the case of F4sub-paragraphs (b) and (d), any amount of small arms ammunition, does not exceed —

(a)

100 grams;

(F5aa)

a combined total of 5 kilograms of shooters’ powder and model rocket motors;

(b)

30 kilograms of shooters' powder and 300 grams of percussion caps;

(c)

200 detonators and —

(i)

5 kilograms of water-based explosive and detonating cord; or

(ii)

5 kilograms of water-based explosive or detonating cord; or

(d)

in the case of explosives kept by a police force —

(F6i)

4 kilograms of explosive kept for operational purposes, including ordnance disposal and the training of dogs for the detection of explosives; or

(ii)

30 kilograms of explosives kept F7solely for the purposes of ordnance disposal;

and the explosives are stored in a safe and suitable place with all due precautions for public safety.

(4)

Every person to whom the duty under paragraph (1) applies shall ensure that the separation distance referred to in paragraph (5) is maintained between a store and any building on the site in which the store is situated which is used either for accommodation or for work, but not including any building used for work which is normally unoccupied by any person and is not a store.

(5)

The separation distance referred to in paragraph (4) is that which is equal to half the relevant separation distance determined in accordance with Schedule 2.

(6)

Every person who, in a case to which paragraph (3) of regulation 13 applies F8or a case to which that paragraph does not apply by virtue of regulation 13(4)(f), is granted a licence to manufacture or store explosives shall ensure that the local planning authority in whose area the manufacture or storage takes place is, within 28 days of the licence being —

(a)

granted; or

(b)

varied in a way which affects the separation distances required to be maintained,

given a plan of the site and its immediate surrounding area showing the separation distances required to be maintained pursuant to the licence or varied licence.

(7)

“Local planning authority” in paragraph (6), in relation to an area —

(a)

in England and Wales has the same meaning as it has in Part I of the Town and Country Planning Act 1990f1 save that, where there is more than one local planning authority, it means the district planning authority for the district;

(b)

in Scotland means the council for the local government area.

(F98)

In this regulation, “model rocket motors” means explosive articles which —

(a)

are allocated the U.N. no. 0186, 0272, 0349, 0351 or 0471;

(b)

are intended to be used for the propulsion of model rockets or similar articles; and

(c)

in respect of each individual explosive article, contain no more than 1 kilogram of explosive.

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

Reg. 5(2) substituted (6.4.2009) by The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(4)(a)

F3

Words in reg. 5(2)(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. 113 (with Sch. 4)

F4

Words in reg. 5(3) substituted (6.4.2009) by The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(4)(b)(i)

F5

Reg. 5(3)(aa) 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(4)(b)(ii)

F6

Reg. 5(3)(d)(i) substituted (6.4.2009) by The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(4)(b)(iii)

F7

Word in reg. 5(3)(d)(ii) 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(4)(b)(iv)

F8

Words in reg. 5(6) 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(4)(c)

F9

Reg. 5(8) 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(4)(d)

Commencement

I1

Reg. 5 in force at 26.4.2005, see reg. 1(1)

Footnotes

f1

1990 c. 8; Part I was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) section 187(1) and Schedule 21, paragraphs 28 and 29, the Local Government (Wales) Act 1994 (c. 19) sections 18(2) to (6), 19(1) and (4) and 66(8) and Schedule 18, and the Environment Act 1995 (c. 25) sections 67(1), 78 and 120(1) and (3) and Schedule 10, paragraph 32(1) and (2) and Schedule 24.