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The Control of Explosives Regulations 1991

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The Control of Explosives Regulations 1991 List of acts
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Crown Copyright Acknowledged
CONTENTS

STATUTORY INSTRUMENTS

1991 No. 1531

HEALTH AND SAFETY

The Control of Explosives Regulations 1991

Made  5th July 1991 

Laid before Parliament  15th July 1991 

Coming into force  1st November 1991 

ARRANGEMENT OF REGULATIONS

1.  Citation and commencement. 

2.  Interpretation. 

3.  Application. 

4.  Explosives certificates. 

5.  Revocation and expiry of explosives certificate. 

6.  Appeals and applications to the Crown Court or Sheriff. 

7.  Acquisition and keeping of explosives. 

8.  Transfer of explosives. 

9.  Restrictions on prohibited persons. 

10.  Keeping explosives for private use. 

11.  Occupier of licensed factory or licensed magazine to appoint person responsible for security of explosives. 

12.  Making, preservation and production of records. 

13.  Reporting loss. 

14.  Extension outside Great Britain. 

15.  Enforcement. 

16.  Power to revoke or amend licenses.

17.  Power to grant exemptions.

18.  Transitional provisions.

19.  Modifications, revocations and savings.

SCHEDULES

Schedule 1  Exceptions. 

Schedule 2  Form of explosives certificate. 

Schedule 3  Information to be recorded. 

Schedule 4 

Part I Modifications of the Explosives Act 1875.

Part II Revocations.

 

In exercise of the powers conferred on me by sections 15(1), (2), (3)(a) and (c), (4), (5) and (9) and 82(3)(a) of, and paragraphs 4, 6(1), 7, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[1], and for the purpose of giving effect without modifications to proposals submitted to me by the Health and Safety Commission under section 11(2)(d) of that Act after the carrying out by that Commission of consultations in accordance with section 50(3), I hereby make the following Regulations:

Citation and commencement

1.    These Regulations may be cited as the Control of Explosives Regulations 1991 and shall come into force on 1st November 1991.

Interpretation

2.—(1)  In these Regulations, unless the context otherwise requires-

"the 1983 Regulations" means the Classification and Labelling of Explosives Regulations 1983[2];

"chief officer of police" includes any other member of a police force who has been authorised in writing by the chief officer of police to act on his behalf for the purposes of these Regulations;

"the Executive" means the Health and Safety Executive;

"explosive" means any explosive article or explosive substance (as each is defined in regulation 2(1) of the 1983 Regulations) which has been assigned on classification under the 1983 Regulations to Class 1;

"explosives certificate" means the certificate described in regulation 4;

"fireworks" means the explosive articles allocated on classification under the 1983 Regulations any of the U.N. nos. 0333 to 0337;

"fog signals" means the explosive articles allocated on classification under the 1983 Regulations the U.N. no. 0193;

"for private use" means for a person's own use or use by his employees in the course of their employment, and not for sale;

"gunpowder" means the explosive substance allocated on classification under the 1983 Regulations the U.N. no. 0027;

"holder" in relation to an explosives certificate means the person named in the explosives certificate as a fit person to acquire or to acquire and keep explosives;

"license" means any of the following granted under the Explosives Act 1875[3] in respect of a factory or magazine-

(a) a license,

(b) an amending license, or,

(c) a continuing certificate which is deemed by that Act to be a license;

"licensed factory" and "licensed magazine" mean a factory or magazine, as the case may be, licensed under the Explosives Act 1875 or lawfully existing whether under that Act or by virtue of a certificate of exemption granted pursuant to the Explosives Act 1875 (Exemptions) Regulations 1979[4];

"name" in relation to an explosive article or explosive substance has the meaning assigned to it by the 1983 Regulations;

"occupier" has the same meaning as in section 108 of the Explosives Act 1875;

"percussion caps" means any of the explosive articles allocated on classification under the 1983 Regulations the U.N. nos. 0044, 0377 or 0378;

"prohibited person" means, subject to regulation 9(3), a person, other than a person in respect of whom an order has been made under regulation 6(4), who-

(a) has been convicted of any offence under the Explosive Substances Act 1883[5], or

(b) has been sentenced to imprisonment or custody for life; or to imprisonment, detention in a young offenders institution, youth custody or corrective training for a term exceeding thirty months; or to preventive detention; or to detention during Her Majesty's pleasure or for life, or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975( < nh[7] (young offenders convicted of grave crimes), or under section 206 of the said Act of 1975[8] (detention of children convicted on indictment), or

(c) has been sentenced to imprisonment, or youth custody, or detention in a young offenders institution, or corrective training for a term exceeding six months, but not exceeding thirty months, and less than ten years have passed since the conviction for the crime for which sentenced, or less than five years for those under seventeen at the time of conviction, or

(d) has been sentenced to imprisonment or youth custody or detention in a young offenders institution for a term not exceeding six months, and less than seven years have passed since the conviction for the crime for which sentenced, or less than three and a half years for those under seventeen at the time of conviction;

"registered premises" means premises registered with a local authority for the keeping of explosives under the Explosives Act 1875;

"relevant police force" means in the case of an explosive certificate-

(a) which will certify that the holder is a fit person to keep explosives, the police force for the police area in which the place of keeping is or is to be situated,

(b) which will certify only that the holder is a fit person to acquire explosives, the police force for the police area in which the applicant resides or, in the case of a body corporate, in which the applicant has its registered office, or, if it has no registered office, its principal office,

(c) which has been issued, the police force stated in the certificate;

"restricted substance" means-

(a) a substance which on classification under the 1983 Regulations has been excluded from Class 1 and designated as not presenting a significant hazard from explosion only because of the proportion it contains of water or other agent with which it is diluted, but which is neither a medicinal product as defined in section 130 of the Medicines Act 1968[9] nor a substance specified in an order made under section 104 or 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance as such provisions have effect in relation to medicinal products within the meaning of that Act, or

(b) any collection of substances which would if mixed form one or more explosive substances and which has been prepared for that purpose;

"small arms ammunition" means the explosive articles allocated on classification under the 1983 Regulations the U.N. no. 0012, 0014 or 0055 and which are intended exclusively for use in small arms;

"smokeless powder" means the explosive substances allocated on classification under the 1983 Regulations the U.N. no. 0160 or 0161 and which are intended exclusively for use in small arms;

"store" has the same meaning as in section 108 of the Explosives Act 1875; and

"U.N. no." means United Nations Serial Number, that is to say, one of the four-digit numbers devised by the United Nations and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or substance as a means of identification.

(2)  In these Regulations any reference to acquiring or transferring explosive shall mean acquiring or transferring possession of or property in such explosive.

(3)  For the purposes of these Regulations, a person who acts as agent to acquire or transfer any explosive for another person shall be treated as if he as well as the other person had acquired or transferred that explosive as principal.

(4)  For the purposes of these Regulations, except for regulation 9(2), the keeping or possession of any explosive by an employee who has been duly authorised by his employer for the purposes of his employment shall be treated as if it were keeping or possession, as the case may be, by the employer.

(5)  Where explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time) the explosive shall not be treated as being kept or acquired by or transferred to or from a person who has possession of it only by reason of being-

(a) a carrier;

(b) a person engaged in the work of loading or unloading; or

(c) the occupier of a place it passes through while on the journey.

(6)  In determining whether any explosive is lost for the purposes of these Regulations, there shall be excluded any explosive in respect of which it can be shown that the cause was not theft and that the explosive no longer exists.

(7)  In these Regulations any reference to the quantity of any explosive shall be construed as a reference to the net mass of explosive substance.

(8)  For the purposes of these Regulations, an explosive is not of the same type as another explosive unless it is identical to it.

(9)  Unless the context otherwise requires any reference in these Regulations to-

(a) a numbered regulation is a reference to the regulation in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears;

(c) a numbered Schedule is a reference to the Schedule to these Regulations so numbered.

Application

3.—(1)  These Regulations shall apply to all explosives except that regulations 7, 8, 9, 12 and 13 shall not apply to the explosives listed in Schedule 1.

(2)  Regulations 7 to 9 shall not apply to smokeless powder or to ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1988[10].

(3)  Regulations 7 and 10 shall not apply to the acquisition or keeping of explosives by or on behalf of-

(a) a person exercising a power of seizure under section 74 of the Explosives Act 1875[11];

(b) a constable acting in the execution of his duties;

(c) a person employed as mentioned in section 10 of the Police Act 1964[12] (civilian employees) or in section 9 of the Police (Scotland) Act 1967[13] (employees other than constables) who, in either case, is duly authorised in writing by the chief officer of police for the relevant police area; or

(d) a customs officer acting in the performance of his functions.

(4)  Regulations 7 and 10 shall not apply to-

(a) the Crown, in respect of any explosive which-

(i) is in premises occupied on behalf of the Crown for, or

(ii) is intended for use for,

naval, military or air force purposes or the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs;

(b) the service authorities of visiting forces within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952[14] or any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964[15];

(c) a police force;

(d) the Executive.

(5)  Regulation 9 shall not apply to the employment of or the acquisition, keeping, handling or control of any explosive or any restricted substance in the course of their duties by members of Her Majesty's forces.

(6)  These Regulations shall not apply to any explosive nuclear device.

Explosives certificate

4.—(1)  An explosives certificate is a certificate certifying that the person to whom it is issued is a fit person-

(a) to acquire explosives; or

(b) to acquire and keep explosives,

in accordance with the terms of the explosives certificate and shall be in the form of the certificate in Schedule 2 or one to the same effect.

(2)  Subject to paragraph (8), an application for an explosives certificate shall be made to the chief officer of police for the relevant police force.

(3)  The Executive may from time to time approve in writing a form of application for an explosives certificate and if it does so any such application shall be in the approved form or one to the same effect.

(4)  Subject to paragraphs (5) and (6), a chief officer of police shall issue an explosives certificate to a person who he is satisfied is a fit person to hold a certificate in those terms.

(5)  A chief officer of police shall not issue an explosives certificate to a person if the chief officer of police is satisfied that the person is of unsound mind or intemperate habit.

(6)  A chief officer of police shall not issue an explosives certificate to a person unless the chief officer of police is satisfied that-

(a) the person has good reason for acquiring the explosives;

(b) subject to paragraph (7), the person is a responsible person who may be permitted to acquire the explosives without danger to public safety or peace;

(c) subject to paragraph (7), the person will take all reasonable precautions to prevent access to the explosives by unauthorised persons and to prevent loss of the explosives;

(d) the person is not a prohibited person;

(e) where the person is a body corporate, no director or secretary of the body corporate, and where the person is a Scottish firm, no partner in the firm, is a prohibited person;

(f) where the application is for a certificate relating only to acquisition of explosives, it is not reasonably practicable for the applicant to be an occupier of a licensed factory, licensed magazine, store or registered premises and the explosives either will not be kept, or, if kept, the applicant will ensure that they are kept in a licensed factory, licensed magazine, store or registered premises or in premises occupied by the Secretary of State; and

(g) where the application is for a certificate relating to keeping of explosives, either-

(i) the applicant is or is to be the occupier of a licensed factory, licensed magazine, store or registered premises, or

(ii) the explosives will be kept in premises occupied on behalf of the Crown, or

(iii) the explosives are to be kept for private use, and will be kept in a licensed factory, licensed magazine, store or registered premises, or are of one or more of the descriptions specified in regulation 10(1).

(7)  Sub-paragraphs (b) and (c) of paragraph (6) shall not apply in respect of explosives kept or to be kept in a licensed factory or licensed magazine.

(8)

(a) This paragraph applies with respect to an explosives certificate which would, if granted, certify only that the holder is a fit person to acquire explosives and where the person who would be the holder is not resident in Great Britain or, in the case of a body corporate, does not have a registered office or any other office in Great Britain.

(b) Where this paragraph applies, the application for an explosives certificate may be made by a person resident in Great Britain who has knowledge of and control over any occasion when the person to whom the certificate would relate would acquire or use explosives.

(c) An application under this paragraph shall be made to the chief officer of police for the police area in which the person who makes the application resides or, in the case of a body corporate, has its registered office or, if it has no registered office, its principal office.

(9)  The holder of an explosives certificate shall inform the chief officer of police who issued it of any change in the holder's address or, where the holder is a body corporate or partnership, of its proper address for the purposes of section 46(4) of the Health and Safety at Work etc. Act 1974, either before or forthwith after any such change occurs.

Revocation and expiry of explosives certificate

5.—(1)  A chief officer of police may revoke an explosives certificate issued by him if, at any time, he is satisfied that the holder was not when the explosives certificate was issued, or is no longer, a fit person to hold an explosives certificate in the terms of that explosives certificate.

(2)  A chief officer of police shall revoke an explosives certificate issued by him if, at any time, he is satisfied that any of the conditions in paragraph (5) or (6) of regulation 4 was not met when the explosives certificate was issued, or is no longer met.

(3)  An explosives certificate shall cease to be valid-

(a) 3 years after the date of issue; or

(b) one year after the date of issue where the certificate relates only to the acquisition of explosives; or

(c) after such lesser time as may be stated therein; or

(d) after notice of revocation by the chief officer of police for the relevant police force has been served on the holder of the certificate,

whichever happens first.

(4)  The holder of an explosives certificate shall surrender it to the chief officer of police who issued it forthwith after it has ceased to be valid.

 
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Crown Copyright Acknowledged
 
 

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