These Regulations consolidate the Control of Explosives Regulations 1991 (S.I. 1991/1531) (“the 1991 Regulations”), the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714), the Marking of Plastic Explosives for Detection Regulations 1996 (S.I. 1996/890), the Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082) (“the 2005 Regulations”) and the Identification and Traceability of Explosives Regulations 2013 (S.I. 2013/449), all of which are revoked.
The Regulations implement as regards Great Britain, Council Directive 93/15/EEC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses (OJ No. L121, 15.5.93, p.20) as amended by Regulation (EC) No. 1882/2003 of the European Parliament and the Council (OJ No. L 284, 31.10.2003, p.1), Regulation (EC) No. 219/2009 of the European Parliament and of the Council (OJ No. L 87, 31.3.2009, p.109) and Regulation (EU) No. 1025/2012 of the European Parliament and of the Council (OJ No. L 316, 14.11. 2012, p. 12). Regulations 8 and 39 to 42, 43 and 44 in part, and 45 are for implementing these European provisions.
The Regulations implement, as regards Great Britain, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC, a system for the identification and traceability of explosives for civil uses (OJ No. L 94, 5.4.2008, p.8) (“the 2008 Directive”) as amended by Commission Directive 2012/4/EU (OJ No. L 50, 23.2.12, p.18). Regulations 33, 34, 36 and 43 and 44 in part, are for implementing these European provisions.
The Regulations implement in part the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1st March 1991 (regulation 38). The Technical Annex to the Convention has been amended twice, firstly in 2002 (with effect from 27th March 2002) and secondly in 2005 (with effect from 19th December 2005). These Regulations incorporate those amendments.
Regulation 26 requires anyone manufacturing or storing explosives to take appropriate measures:
- to prevent fire or explosions;
- to limit the extent of fire or explosion, including measures to prevent the spreading of fires and the communication of explosions from one location to another; and
- to protect people from the effects of fire or explosion. Regulation 27 requires people storing explosives to maintain separation distances, identifies the circumstances in which separation distances do not need to be applied, and identifies how separation distances are applied to certain sites which are granted a licence by HSE or the Office for Nuclear Regulation (ONR).
Regulation 28 requires anyone discarding or disposing of explosives, or who is decontaminating explosives-contaminated items, to ensure, so far as reasonably practicable, that they are undertaking those activities safely.
Regulation 29 prohibits the manufacture and storage and import of pyrotechnics containing sulphur and/or phosphorus mixed with chlorates without the approval of HSE
.Regulation 13 relates mainly to the grant of licences, but also includes safety provisions. It allows: HSE and ONR to prescribe separation distances at most of the sites they license as an alternative to the 'fixed rules' approach required by regulation 27.HSE and ONR should prescribe certain activities that will be subject to the provisions of the licence at most of the sites they license, to take account of potential interactions between those activities and the manufacture and/or storage of explosives that takes place at that site; and all licensing authorities should reinforce the requirements of regulation 26 as they relate to the sale of pyrotechnic articles at a site which is licensed for the storage of explosives.
Hazard Recognition, Risk Assessment and Controls
Roles and Responsibilities
Emergency Response Procedure
Policies and Procedures
Please refer to the full regulation for details of exemptions.
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