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The Manufacture and Storage of Explosives Regulations 2005

S.I. 2005/1082 · Made 4 April 2005 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2014.

HEALTH AND SAFETY

Made 4th April 2005

Laid before Parliament 5th April 2005

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred upon him by sections 15(1), (2), (3)(a), (4), (5), (6)(b), 43(2), (4), (5) and (6), 80(1) and 82(3)(a) of, and paragraphs 1(1), (2) and (3), 2, 3(1), 4, 5, 7, 11, 14, 15(1), 16, 18 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974f1 (“the 1974 Act”) and of all other powers enabling him in that behalf —

(a)

for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, and

(b)

it appearing to him that the modifications to the Acts and other instruments mentioned in paragraphs 4 to 6, 7(2), (3), (5) and (7), 8(3) and (4), 9 to 13, 15 to 21, 26, 27, 29, 33, 35, 36, 39 and 43 of Schedule 5, and the repeals of the Acts marked with an asterisk in Schedule 6 are expedient as set out in section 80(1) of the 1974 Act and that it also appears to him not to be appropriate to consult bodies in respect of such modifications in accordance with section 80(4) of that Act,

hereby makes the following Regulations:

Annotations to the whole text

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)

Footnotes

f1

1974 c. 37; section 15 was amended by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraphs 6 and 16.

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application
  5. Part 2: SAFETY REQUIREMENTS
  6. 4Fire and explosion measures
  7. 5Separation distances
  8. 6Disposal of explosives and decontamination of explosive-contaminated items
  9. 7Employment of young persons
  10. 8Unauthorised access
  11. Part 3: LICENSING AND REGISTRATION REQUIREMENTS
  12. 9Explosives not to be manufactured without a licence
  13. 10Explosives not to be stored without a licence
  14. 11Registration in relation to storage
  15. 11ASites which cease to be an ONR regulated site – effect on registration
  16. 11BSites which become an ONR regulated site – effect on registration
  17. 12Applications for licences and registration
  18. 13Grant of licences
  19. 13ALicences for sites which cease to be ONR regulated sites
  20. 13BLicences for sites which become ONR regulated sites
  21. 14Local authority assent
  22. 15Refusals of licences, registration and draft licences
  23. 16Variation of licences
  24. 17Revocation of licences and registration
  25. 18Further provisions concerning refusals, variations and revocations
  26. 19Appeal against decisions concerning registrations
  27. 20Transfer of licences and registration
  28. 21Death, bankruptcy or incapacity
  29. 22Registers and retention of documents
  30. 23Defences
  31. Part 4: PROHIBITIONS CONCERNING CERTAIN EXPLOSIVES AND MISCELLANEOUS PROVISIONS
  32. 24Prohibition concerning the manufacture, storage and importation of certain explosives
  33. 25Prohibition concerning the acquisition and supply of fireworks
  34. 25AInformation as to net mass of pyrotechnic articles
  35. 26Power to grant exemptions
  36. 27Savings and transitional provisions
  37. 28Repeals, revocations and amendments
  38. Signature
  39. Schedule 1: MEANING OF LICENSING AUTHORITY
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. Schedule 2: SEPARATION DISTANCES
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. 4Paragraph 4
  49. 5Paragraph 5
  50. 6Paragraph 6
  51. Schedule 3: AMOUNT OF PYROTECHNIC ARTICLES WHICH MAY BE KEPT IN SALES AREAS IN RELATION TO REGISTRATION
  52. 1Paragraph 1
  53. Schedule 4: REGISTERS
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. 3Paragraph 3
  57. 4Paragraph 4
  58. 5Paragraph 5
  59. 6Paragraph 6
  60. 7Paragraph 7
  61. 7AParagraph 7A
  62. 8Paragraph 8
  63. 9Paragraph 9
  64. 10Paragraph 10
  65. Schedule 5: AMENDMENTS
  66. Part 1: AMENDMENTS TO PRIMARY LEGISLATION
  67. 1Explosives Act 1875
  68. 2Celluloid and Cinematograph Film Act 1922
  69. 3Explosives Act 1923
  70. 4London Building Act 1930
  71. 5Acquisition of Land (Authorisation Procedure) Act 1946
  72. 6National Parks and Access to the Countryside Act 1949
  73. 7Fireworks Act 1951
  74. 8Emergency Laws (Miscellaneous Provisions) Act 1953
  75. 9London Government Act 1963
  76. 10Public Expenditure and Receipts Act 1968
  77. 11Trade Descriptions Act 1968
  78. 12Port of London Act 1968
  79. 13Fire Precautions Act 1971
  80. 14Health and Safety at Work etc Act 1974
  81. 15Control of Pollution Act 1974
  82. 16Customs and Excise Management Act 1979
  83. 17Isle of Man Act 1979
  84. 18Roads (Scotland) Act 1984
  85. 19Environmental Protection Act 1990
  86. 20Merchant Shipping Act 1995
  87. 21Criminal Procedure (Scotland) Act 1995
  88. Part 2: AMENDMENTS TO SECONDARY LEGISLATION
  89. 22The Factory and Workshop Act 1901, use of locomotives and wagons on lines and sidings, Regulations 1906
  90. 23Order in Council No. 30 dated 2nd February 1937
  91. 24The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956
  92. 25The Miscellaneous Mines (Explosives) Regulations 1959
  93. 26The Clean Air (Emission of Dark Smoke)(Exemption) Regulations 1969
  94. 27The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  95. 28The Fire Certificates (Special Premises) Regulations 1976
  96. 29The Isle of Scilly (Functions) Order 1979
  97. 30The Notification of Installations Handling Hazardous Substances Regulations 1982
  98. 31The Classification and Labelling of Explosives Regulations 1983
  99. 32The Dangerous Substances in Harbour Areas Regulations 1987
  100. 33The Building Standards (Scotland) Regulations 1990
  101. 34The Control of Explosives Regulations 1991
  102. 35The Planning (Hazardous Substances) Regulations 1992
  103. 36The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
  104. 37The Coal and Other Safety Lamp Mines (Explosives) Regulations 1993
  105. 38The Placing on the Market and Transfer of Explosives Regulations 1993
  106. 39The Toys (Safety) Regulations 1995
  107. 40The Reporting of Injuries and Dangerous Occurrences Regulations 1995
  108. 41The Health and Safety (Enforcing Authority) Regulations 1998
  109. 42The Quarries Regulations 1999
  110. 43The Building Regulations 2000
  111. 44The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004
  112. 45The Health and Safety (Fees) Regulations 2005
  113. Schedule 6: REPEALS AND REVOCATIONS
  114. 1REPEALS
  115. 2REVOCATIONS
  116. Explanatory note