Regulation 3 Application

(1)

These Regulations shall not apply to—

(a)

any explosive nuclear device;

(b)

explosives carried or consigned for carriage for the purpose of explosive ordnance disposal, other than dumping at sea, under the direction of a member of Her Majesty’s forces, a member of a police force or a person authorised by the Secretary of State for Defence;

(c)

explosive articles of Class 1 which—

(i)

have a substantial outer casing so made and closed (if necessary) as to prevent any explosive substance escaping;

(ii)

either have satisfactorily completed tests carried out at a laboratory approved by the Secretary of State to show that they are robust enough to be carried without packaging and are the subject of written notification to the Executive to that effect or were manufactured before 1st September 1992 and are accompanied by a certificate to that effect;

(iii)

are loaded in such a way (including the use of restraining devices where appropriate) that they are safe and will not become loose when subjected to normal conditions of carriage,

(iv)

are adequately protected against theft, and

(v)

satisfy conditions approved by the Executive;

(d)

explosives carried in the circumstances mentioned in sections 61 or 74 of the Explosives Act 1875^f1 or section 29 of the Consumer Protection Act 1987^f2;

(e)

explosives carried by hand;

(f)

explosives carried by air or sea.

(2)

Regulations 7 to 9 and 11 shall not apply to explosives which are carried or consigned for carriage—

(a)

within private premises;

(b)

between one part of private premises and another in the immediate vicinity.

(3)

Regulations 7 to 9 and 11 shall not apply to explosives carried or consigned for carriage with a view to being exploded by the carrier or consignor or the employees of one of them in the course of their employment and not for sale where—

(a)

the explosive is of a class and division and of a form listed in columns 2 and 3 respectively of Part I of Schedule 1; and

(b)

the net mass carried in any load does not exceed 50 kg; and

(c)

the net mass within any item in Part I of Schedule 1 does not exceed the amount specified in column 4 of that Schedule for explosives within that item.

(4)

Regulations 7 to 9 and 11 shall not apply to—

(a)

explosives in a package which are being transhipped from one aircraft, vessel or hovercraft to another for the purpose of being carried to a place outside the United Kingdom provided that there is compliance with the appropriate packaging provisions of the International Maritime Dangerous Goods Code^f3 or the Technical Instructions for the Safe Transport of Dangerous Goods by Air^f4, both as revised or re-issued from time to time and published respectively by the International Maritime Organisation and the Council of the Interna tional Civil Aviation Organisation;

(b)

explosives carried or consigned for carriage on or in connection with an international transport operation within the meaning of the Convention concerning International Carriage by Rail (COTIF)^f5 as revised or re-issued from time to time where such carriage conforms in every respect to the provisions of the Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM) which forms Appendix B to that Convention and to the regulations (RID) made thereunder^f6;

(c)

explosives carried or consigned for carriage on or in connection with an international transport operation within the meaning of the European Agree ment concerning the International Carriage of Dangerous Goods by Road (ADR)^f7 signed at Geneva on 30th September 1957 or any revision or replacement for the time being in force and the carriage complies with the provisions of Annexes A and B to that Agreement;

(d)

explosives of net mass not exceeding 10 kg which have not been classified under the 1983 Regulations and which are carried solely in connection with an application for such classification;

(e)

explosives carried or consigned for carriage for the purpose of explosive ordnance disposal by dumping at sea under the direction of a person authorised by the Secretary of State for Defence;

(f)

the explosives listed in Part II of Schedule 1 where the net mass carried in any load does not exceed 50 kg and the explosives are not carried or consigned for carriage with a view to their use by a person at work or their sale.

(5)

Regulations 7 to 9 shall not apply to explosives carried by members, acting in the course of their duties, of Her Majesty’s forces or of visiting forces within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952^f8 where the explosives are carried from a firing range.

(6)

Regulations 8, 9 and 11 shall not apply to explosives carried for the purpose of any tests—

(a)

necessary to satisfy any conditions mentioned in regulation 3(1)(c), or

(b)

mentioned in regulations 8(a) or 11,

where the quantity of explosive carried is no more than is necessary for the purpose.

Annotations

Footnotes

f1: 1875 c. 17.
f2: 1987 c. 43.
f3: Volumes I to IV, ISBN 92 801 1243 0; Volume V, ISBN 92 801 1248 1; both for the edition current when these Regulations were made.
f4: ISBN 92 9035 274 4; for the edition current when these Regulations were made.
f5: Cmnd 8535.
f6: ISBN 0 11 550913 5; for the edition current when these Regulations were made.
f7: ISBN 0 11 550901 1; for the edition current when these Regulations were made.
f8: 1952 c. 67.