The Manufacture and Storage of Explosives Regulations 2005
(3) A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraphs (1) or (1A) for any purpose specified in column 2 of each of Parts 1 and 1A of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to the notification of the result of the application.
- (c) in paragraph (4), for “entry (a)” substitute “the entry”;
- (d) in paragraph (6), for “Parts 3, 4 and 5” substitute “Parts 3 and 4”;
- (e) in paragraph (8) —
- (i) for “Part 2” substitute “Parts 1B and 2”; and
- (ii) for “the Notes to that Part” substitute “, respectively, the Notes to Parts 1B and 2”;
- (f) after paragraph (8), insert —
(9) Where any application in relation to the provision specified in column 1 of Part 7 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the chief officer of police. (10) Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 199188, a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 to Part 7 of Schedule 8. (11) For the purposes of this regulation and Schedule 8 — (a) “the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005; (b) “ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “on-site mixing”, “registered” and “registration” have the same meanings as in the 2005 Regulations; and (c) “chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings respectively as in the Control of Explosives Regulations 1991.
- (4) In Schedule 8 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983) —
- (a) in Part 1 (applications for factory licences, magazine licences, acetylene importation licences and amending licences under sections 6, 12 and 40(9) of the Explosives Act 1875 and replacement of such licences), omit the entries relating to sections 6 and 12 of the Explosives Act 1875; and
- (b) after Part 1, insert the following Parts —
| 1 | 2 | 3 | 4 |
|---|---|---|---|
| Provision in relation to which the application is made | Purpose of application | Fee | Fee for work by Specialist Inspector |
| The Manufacture and Storage of Explosives Regulations 2005 | |||
| Regulation 9, as extended by regulation 2(2) of those Regulations to the manufacture of ammonium nitrate blasting intermediate | Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing | £557 | £ 115 per hour worked |
| Licence to manufacture ammonium nitrate blasting intermediate | £137 per hour worked | ||
| Licence to manufacture explosives by means of on-site mixing | £205 | £115 per hour worked | |
| Renewal of any of the above licences | £73 | £115 per hour worked | |
| Regulation 10 | Licence to store explosives | £557 | £115 per hour worked |
| Renewal of licence | £73 | £115 per hour worked | |
| Regulation 16 | Varying a licence —to manufacture explosives not being ammonium nitrate blasting intermediate, orto store explosives | £381 | £115 per hour worked |
| Varying a licence to manufacture ammonium nitrate blasting intermediate | £137 per hour worked | ||
| Regulation 20 | Transfer of licence | £47 | |
| Replacement of any of the licences referred to in this Part if lost | £47 | ||
| 1 | 2 | 3 | |
| --- | --- | --- | |
| Provision under which application made | Purpose of application | Fee | |
| The Manufacture and Storage of Explosives Regulations 2005 | |||
| Regulation 10 | Licence to store explosives: | ||
| (see Notes 1 to 3) | (a) one year’s duration | £100 | |
| (b) two years' duration | £150 | ||
| (c) three years' duration | £200 | ||
| Renewal of a licence: | |||
| (a) one year’s duration | £75 | ||
| (b) two years' duration | £125 | ||
| (c) three years' duration | £175 | ||
| Regulation 11(see Notes 1 to 3 ) | Registration in relation to the storage of explosives: | ||
| (a) one year’s duration | £60 | ||
| (b) two years' duration | £90 | ||
| (c) three years' duration | £120 | ||
| Renewal of registration: | |||
| (a) one year’s duration | £30 | ||
| (b) two years' duration | £60 | ||
| (c) three years' duration | £90 | ||
| Regulation 16 | Varying a licence: | ||
| (a) varying name of licensee or address of site | £30 | ||
| (b) any other kind of variation | the reasonable cost to the licensing authority of having the work carried out | ||
| Regulation 20 | Transfer of licence or registration | £30 | |
| Replacement of licence or registration referred to above if lost | £30 |
Notes: (1) The fee payable for — (a) a licence, (b) registration, or (c) renewal of a licence or registration,of less than one year’s duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration, of one year’s duration decreased proportionately according to the duration of the period for which the licence, registration or renewal of either is granted. (2) The fee payable for— (a) a licence, (b) registration, or (c) renewal of a licence or registration,of more than one but less than two years' duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration of one year’s duration increased proportionately according to the duration of the period for which the licence, registration or a renewal of either is granted. (3) The fee payable for — (a) a licence, (b) registration, or (c) renewal of a licence or registration, of more than two but less than three years' duration shall be, respectively, the fee set above for a licence, registration or renewal of a licence or registration of two years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted.
- (c) in Part 2 (fee or maximum fee payable in respect of applications for the granting and renewal of an explosives store licence, the registration or renewal of registration of premises used for keeping explosives and the granting and transfer of petroleum-spirit licences), omit the entries relating to the Explosives Act 1875;
- (d) in Part 5 (miscellaneous applications), omit entry (b);
- (e) in Part 6 (further fees payable in respect of certain testing required by the Health and Safety Executive), omit entry (e);
- (f) after Part 6, insert —
| 1 | 2 | 3 |
|---|---|---|
| Provision under which a fee is payable | Purpose of application | Fee |
| Regulation 4 of the Control of Explosives Regulations 1991 | Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a registration | £165 |
| Renewal of the above certificate | £135 | |
| Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives | £175 | |
| Renewal of the above certificate | £160 | |
| Explosives certificate for acquiring and keeping explosives at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives | £225 | |
| Renewal of the above certificate | £200 | |
| Replacement of any of the above certificates if lost | £30 |
| The fee for a check carried out for the purposes of regulation 4(6)(d) of the Control of Explosives Regulations 1991 shall be £5 |
|---|
SCHEDULE 6 — REPEALS AND REVOCATIONS
PART 1 — REPEALS
| 1 | 2 | 3 |
|---|---|---|
| Title | Reference | Extent of repeal |
| Explosives Act 1875. | c.17. | Sections 4 to 22, 24, 26 to 29, 35, 36, 38, 40 and 41.In section 43, “, either absolutely, or except in pursuance of a license of the Health and Safety Executive under this Act”.Sections 44 to 51, 58, 60, 63 and 64.In section 67, “except as hereafter in this section mentioned,” in paragraph (1), paragraph (4) and the word “and” preceding it.Sections 70 to 72, 77, 78 and 82.In section 83, the words “, and a Secretary of State may by order”, “or orders of the Secretary of State, as the case may be,” and the words from “The provisions of section 50” to the end.Sections 84 and 86.In section 91, the words from “Provided that” to “exceed one month”.In section 97, paragraphs (3) and (4) and the words from “Provided that” to the end.Sections 98 and 101.In section 102, the words from “A continuing certificate” to the end.Sections 103, 105 and 106.In section 108 —in the definition of “this Act”, the words “certificate, byelaw, regulation, rule,”;in the definition of “store”, the words “an existing gunpowder store as defined by this Act, or” and “licensed by a license granted by a local authority under this Act”; andthe definitions of “existing”, “factory magazine”, “harbour authority”, “canal company”, “railway company”, “safety cartridges” and “Gunpowder Act 1860”.Section 109(11).In section 110, paragraph 2 and the word “and” preceding it.In section 111, paragraph (b) and the word “and” preceding it.Section 113.In section 114, paragraph (a).Schedule 1. |
| Explosives Act 1923. | c.17. | The whole Act. |
| Acquisition of Land (Authorisation Procedure) Act 1946*. | c.49. | In Schedule 4, the entry relating to the Explosives Act 1875. |
| National Parks and Access to the Countryside Act 1949*. | c.97. | Section 80(5) and (6). |
| Fireworks Act 195189*. | c.58. | In section 1(1) and (2),“, magazine” in each place where it occurs.Sections 2(6), 4, 5(5) and 7. |
| Emergency Laws (Miscellaneous Provisions) Act 195390*. | c.47. | Section 3.In section 12(3), the words “three or”.In section 13, the word “three”. |
| London Government Act 1963*. | c.33. | Section 50(1) and (3). |
| Public Expenditure and Receipts Act 1968*. | c.14. | In Schedule 3, entry number 4. |
| Port of London Act 1968*. | c.32. | Section 166. |
| Health and Safety at Work etc. Act 1974. | c.37. | In Schedule 1, the entries relating to the Explosives Act 1923, the Fireworks Act 1951 and the Emergency Laws (Miscellaneous Provisions) Act 1953. |
| Isle of Man Act 1979* | c.58. | In section 8(2)(b), the final “or”. |
| Roads (Scotland) Act 1984*. | c.54. | In Schedule 9, paragraph 7(2). |
| Merchant Shipping Act 1995*. | c. 21. | In Schedule 13, paragraph 5. |
| Criminal Procedure (Scotland) Act 1995*. | c.46. | In Schedule 5, the entries for the forms of complaint relating to —the Explosives Act 1875, section 5; andthe Explosives Act 1875, section 22 and section 3, subsection (1), Mode B, of the Order in Council dated 26th October 1896. |
PART 2 — REVOCATIONS
| 1 | 2 | 3 |
|---|---|---|
| Title | Reference | Extent of revocation |
| Order in Council (No. 1) Classifying Explosives. | 5th August 1875(Rev. VII, p.1). | The whole Order. |
| Order in Council (No. 2) Making General Rules for Factories for Explosives other than Gunpowder. | 27th November 1875(Rev. VII, p.10). | The whole Order. |
| Order in Council (No. 3) Relating to Magazines for Explosives other than Gunpowder, whether with or without Gunpowder. | 27th November 1875(Rev. VII, p. 10). | The whole Order. |
| Order in Council (No. 4) Relating to Small Firework Factories. | 27th November 1875(Rev. VII, p.14). | The whole Order. |
| Order in Council (No. 5) Relating to Stores for Gunpowder Exclusively. | 27th November 1875(Rev. VII, p.22). | The whole Order. |
| Order in Council (No. 6) Relating to Stores for Mixed Explosives. | 27th November 1875(Rev. VII, p.26). | The whole Order. |
| Order in Council (No. 9) Relating to the Sale of Explosive. | 27th November 1875(Rev. VII, p.39). | The whole Order. |
| Order in Council (No. 11) Respecting Notice to be Given of Accidents Connected with the Conveyance of Explosives other than Gunpowder. | 27th November 1875(Rev. VII, p. 42). | The whole Order. |
| Order of Secretary of State (No. 1) Applying General Rules to Floating Magazines for Gunpowder. | 27th November 1875(Rev. VII, p. 68). | The whole Order. |
| Order of Secretary of State (No. 2) Applying General Rules to Floating Magazines for Explosives other than Gunpowder, whether with or without Gunpowder. | 27th November 1875(Rev. VII, p. 70). | The whole Order. |
| Order of Secretary of State as to Notice by Applicant for Factory or Magazine Licence. | 20th May 1876(Rev. VII, p. 85). | The whole Order. |
| Order in Council (No. 6A)Amending Order in Council (No.6) of the 27th November 1875 Relating to Stores Licensed for Mixed Explosives. | 20th April 1883(Rev.VII p. 34). | The whole Order. |
| Order in Council (No. 1A) Substituting New Provisions for those of Class 7 in the Order in Council of August 5, 1875, as to the Classification of Explosives. | 12th December 1891(noted Rev. VII, p.1). | The whole Order. |
| Order in Council (No. 15) Prohibiting Fireworks Consisting of or Containing Sulphur in Admixture with Chlorate of Potassium or other Chlorate. | S.R. & O. 1894/517. | The whole Order. |
| Order in Council (No. 16) Repealing and Consolidating the Previous Orders Relating to Premises Registered for Mixed Explosives. | S.R. & O. 1896/964. | The whole Order. |
| Order in Council (No. 19) Relating to the Importation, Keeping, Conveyance, or Sale of Fireworks. | S.R. & O. 1905/8. | The whole Order. |
| Order in Council (No. 16A)Varying the Order in Council (No.16) of October 26, 1896 Relating to Premises Registered for Mixed Explosives. | S.R. & O. 1906/380. | The whole Order. |
| Order in Council (No. 16B)Amending Order in Council of October 26, 1896 (No. 16)Relating to the Keeping of Mixed Explosives on Registered Premises. | S.R. & O. 1912/1861. | The whole Order. |
| Order in Council (No. 1B) Amending Order in Council of August 5, 1875 (No. 1) Relating to the Classification of Explosives. | S.R. & O. 1913/481. | The whole Order. |
| Order of Secretary of State (No. 2A) Amending Order of Secretary of State (No. 2) of November 1875 Applying General Rules to Floating Magazines for Explosives Other than Gunpowder. | S.R. & O. 1923/926. | The whole Order. |
| Order in Council (No. 2A) Amending the Order in Council of November 27, 1875 (No. 2), making General Rules for Factories for Explosives other than Gunpowder. | S.R. & O. 1923/1297. | The whole Order. |
| Order in Council (No. 3A) Amending the Order in Council of November 27, 1875 (No. 3) , as to Magazines for Explosives Other than Gunpowder, whether with or without Gunpowder. | S.R. & O. 1923/1298. | The whole Order. |
| Order in Council (No. 4A) Amending the Order in Council of November 27, 1875 (No. 4) as to Small Firework Factories. | S.R. & O. 1923/1299. | The whole Order. |
| Order in Council (No. 6D) Amending the Order in Council of November 27, 1875 (No. 6), as to Stores Licensed for Mixed Explosives. | S.R. & O. 1923/1300. | The whole Order. |
| Order of the Secretary of State (No. 10), Dated January 18, 1924, Relating to the Processes in which Young Persons May Be Employed in Danger Buildings. | S.R. & O. 1924/55. | The whole Order. |
| Order of the Secretary of State (No. 11), Dated September 20, 1924, Making Byelaws as to the Conveyance of Explosives on Roads, and in Certain Special Cases. | S.R. & O. 1924/1129. | The whole Order except paragraph 3 and the second paragraph of paragraph 5. |
| Order in Council (No. 27) (the Explosives (Di-Nitro-Phenol and Di-Nitro-Phenolate) Order, 1927. | S.R. & O. 1927/594. | The whole Order. |
| Order in Council (No. 29) (The Liquid Oxygen Explosives Order, 1928). | S.R. & O. 1928/1045. | The whole Order. |
| Order of Secretary of State (No. 11A), Dated December 11, 1939, Relating to the Conveyance of Detonators and Electric Detonators with other Explosive. | S.R. & O. 1939/1787. | The whole Order. |
| Order of Secretary of State (No. 11C), Dated August 24, 1943, Making a Byelaw Relating to the Conveyance of Explosives in a Carriage or Boat whilst Carrying or Plying for Public Passengers. | S.R. & O. 1943/1252. | The whole Order. |
| Order of Secretary of State (No. 11D), Dated February 7, 1944, Altering the Byelaws Relating to the Conveyance of Detonators and Electric Detonators with other Explosive and to the Quantity of Explosive which may be Conveyed in any one Carriage. | S.R. & O. 1944/139. | The whole Order. |
| The Conveyance of Explosives Byelaws 1951. | S.I. 1951/869. | The whole Byelaws. |
| The Stores for Explosives Order 1951. | S.I. 1951/1163. | The whole Order. |
| The Magazines for Explosives Order 1951. | S.I. 1951/1164. | The whole Order. |
| The Stores for Explosives Order 1953. | S.I. 1953/1197. | The whole Order. |
| The Conveyance of Explosives Byelaws 1958. | S.I. 1958/230. | The whole Order. |
| The Keeping of Fireworks Order 1959. | S.I. 1959/1311. | The whole Order. |
| The Ammonium Nitrate Mixtures Exemption Order 1967. | S.I. 1967/1485. | The whole Order. |
| The Classification and Labelling of Explosives Regulations 1983. | S.I. 1983/1140. | Regulation 11. |
| The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004. | S.I. 2004/568. | Paragraph 5 of Schedule 13. |
Signed
Signed by authority of the Secretary of State
Chris Pond — Parliamentary Under-Secretary of State — Department for Work and Pensions — 4th April 2005
Explanatory note
(This note is not part of the Regulations)
1These Regulations make new provision for licensing the manufacture and storage of explosives and for registration in respect of the storage of explosives. As such, they repeal a large number of provisions contained in the Explosives Act 1875 (“the 1875 Act”) and instruments made under it, which provided the framework for the regulatory regime in relation to the manufacture and storage of explosives before these Regulations.
2As before, a person wishing to manufacture or store explosives requires a licence to do so (regulations 9 and 10). This requirement is subject to the disapplications included in regulations 9 and 10. An application for a licence should be made to a licensing authority on a form approved by the Health and Safety Executive (“the Executive”) (regulation 12).
3Where only a certain amount of explosives is to be stored, a person can apply to a licensing authority for registration in respect of that storage, instead of seeking a licence for it (regulation 11).
4“Licensing authority” is defined by regulation 2(1) and Schedule 1; it means, in relation to registration or the storage of no more than 2000 kilograms of certain explosives, the chief officer of police or, where the explosives to be stored are of a type listed in Schedule 1 to the Control of Explosives Regulations 1991 (S.I. 1991/1531), the local authority for the area where the storage is to take place, or the Executive when the explosives are to be stored at a mine or a harbour. The Executive is the licensing authority in any other case.
5The definition of explosive in regulation 2(1) does not include acetylene, which continues to be regulated as before under provisions of the 1875 Act and instruments made under it. The document called the United Nations Recommendations, which the definition of “explosive” refers to, and the Manual of Tests and Criteria, third edition, which supports those Recommendations, can be obtained from the Stationery Office Ltd., Books Sales and Service, P.O. Box 276, 51, Nine Elms Lane, London, SW8 5DR.
6Subject to certain disapplications, a person wishing to store explosives must maintain the relevant separation distance prescribed by Schedule 2 between a store and buildings and other places not on the site where the storage takes place (regulation 5). “Separation distance” is defined in regulation 2(1).
7In certain cases where the Executive is the licensing authority, the assent of the local authority is required before a licence is granted (regulations 13(3) and (4) and 14).
8Grounds for refusing or varying a licence or registration are set out in, respectively, regulations 15 and 16. The grounds for revoking a licence or registration are set out in regulation 17. A person may appeal against a refusal or revocation of registration (regulation 19). Licences and registration may be transferred (regulation 20).
9A licensing authority is required to maintain a register on certain information relating to licences or registrations granted or made by it (regulation 22 and Schedule 4).
10Prohibitions concerning explosives are contained in regulations 24 and 25. Power to grant exemptions from the requirements or prohibitions imposed by the Regulations is included under regulation 26. Regulation 27 contains savings and transitional provisions so that, for example, licences granted under the Explosives Act 1875 which are valid immediately before the coming into force of these Regulations continue in force on their existing terms subject to any variation, revocation or expiry on their expiry date.
11Amendments to legislation are made by regulation 28(1) and Schedule 5. Repeals and revocations of legislation are made by regulation 28(2) and (3) and Schedule 6.
12The Regulations also amend the Health and Safety (Fees) Regulations 2005 (S.I. 2005/676), so as to include fee provisions in those Regulations for the new licensing and registration provision made by these Regulations. The amendments also add fees in relation to the issue of explosives certificates under the Control of Explosives Regulations 1991 (regulation 28(1) and Schedule 5, paragraph 45).
13A copy of the regulatory impact assessment in respect of these Regulations can be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London, SE1 9HS. A copy has been placed in the Library of each House of Parliament.
Footnotes
1974 c. 37; section 15 was amended by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraphs 6 and 16.
1875 c. 17 (38 & 39 Vict.); relevant amending instruments are S.I.1974/1885 and 1987/52.
S.I. 1991/1531, to which there are amendments not relevant to these Regulations.
1964 c. 40; “harbour authority” is defined in section 57(1).
ISBN 92 - 1 - 1390680.
Established by section 20 of the Railways and Transport Safety Act 2003 (c. 20) as of 1st July 2004, replacing the British Transport Police Force which comprised constables appointed under section 53 of British Transport Commission Act 1949 (12 & 13 Geo c. xxix).
The United Kingdom Atomic Energy Authority (“UKAEA”) nominates persons to be special constables under section 3 of the Special Constables Act 1923 (c. 11) as extended by paragraph 1 of the second Schedule to the Emergency Laws (Miscellaneous Provisions) Act 1947 (c. 10), Schedule 3 to the Atomic Energy Authority Act 1954 (c. 32) and Schedule 1, paragraph 4, to the Nuclear Installations Act 1965 (c. 57). The power of this Authority so to nominate special constables is prospectively repealed by the Energy Act 2004, section 197(9) and Schedule 23; section 52(1) of that Act provides, as of 1st March 2005, for the Civil Nuclear Police Authority to secure the maintenance of an efficient and effective constabulary to be known as the Civil Nuclear Constabulary; this constabulary is to replace the special constables nominated by UKAEA.
Current edition (1997): ISBN 92-1-139057 5.
1985 c. 6; section 736 is substituted by the Companies Act 1989 (c. 40), section 144(1).
S.I 1987/37, to which there are amendments not relevant to these Regulations.
1996 c. 16; section 15 is amended by the Greater London Authority Act 1999 (c. 29) section 325 and Schedule 27, paragraph 74(1) to (4); section 101(1) is amended by the Greater London Authority Act 1999, sections 312(1)(a) and (b), (2) and (3), 423 and Schedule 34, Part VII and the Anti-terrorism, Crime and Security Act 2001, section 101, Schedule 7, paragraphs 20 and 27.
1967 c. 77; section 9 is amended by the Police and Magistrates' Courts Act 1994 (c. 29), section 49, and by the Criminal Justice (Scotland) Act 2003 (asp7), section 76(1) to (3).
1967 c. 77; section 4(3) is repealed by the Local Government (Scotland) Act 1973, sections 146(4), 237(1) and Schedule 29.
S.I. 1995/738, amended by S.I. 2002/2175.
By virtue of section 84(1) of the Health and Safety at Work etc. Act 1974, Parts I and IV of the Act extend to Northern Ireland “so far as may be necessary to enable regulations under section 15 to be made and operate for the purpose mentioned in paragraph 2 of Schedule 3”, which includes, as a subject matter for such regulations, prohibiting the import into the United Kingdom of articles or substances of any specified description.
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.
ISBN 92 - 1 - 1390680.
By virtue of section 15 of, and paragraph 2(1) of Schedule 3 to, the 1974 Act, Regulations under section 15 can specify, in a case where an act or omission in relation to importation of articles or substances of any specified description constitutes an offence under the 1974 Act and the Customs and Excise Acts 1979, the Act under which the offence is to be punished.
1875 c. 17 (38 & 39 Vict. ); section 97 was amended by the Statute Law Revision (No. 2) Act 1893 (56 & 57 Vict. c.14), the Statute Law Revision Act 1966 (c. 5), S.I 1964/488 and 1989/615.
Section 6 was amended by the Explosives Acts 1875 and 1923 etc (Repeals and Modifications) Regulations 1974 (S.I. 1974/1885).
S.I. 1991/1531; amended by S.I. 1993/2714.
S.I. 19911531, to which there are amendments not relevant to these Regulations.
1990 c. 8. Section 1 is amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 21, paragraph 28, the Local Government Wales Act 1994 (c. 19) sections 18(2) – (6), 66(8) and Schedule 18 and the Environment Act 1995 (c. 25), sections 78 and 120(3) and Schedule 10, paragraph 32(1) and Schedule 24. Section 2 is amended by the Local Government (Wales) Act 1994, sections 19(1), (4) and 66(8) and Schedule 18 and the Environment Act 1995, sections 78, 120(1) and (3) and Schedule 10, paragraph 32(2) and Schedule 22, paragraph 42, and Schedule 24.
1946 c. 49 (9 & 10 Geo. 6.).
1951 c. 58 (14 & 15 Geo.6); amended by the Criminal Justice Act 1982 (c. 48), sections 38, 40 and 46, and S.I.1974/1885. Sections 1, 2, 5 and 9 are modified by virtue of section 80(1) of the 1974 Act. Sections 4 and 7 are “existing statutory provisions” within the meaning of section 53 of the 1974 Act and are repealed by virtue of section 15(3)(a) of that Act.
1953 c. 47. Section 12 is modified by virtue of section 80(1) of the 1974 Act. Section 3 is an “existing statutory provision” within the meaning of section 53 of the 1974 Act and is modified by virtue of section 15(3)(a) of that Act.
1968 c. 29; subsection (2) was inserted by the Weights and Measures Act 1985 (c. 72), section 97, Schedule 12, paragraph 4(2).
1968 c. 32; section 166 was partially repealed by S.I. 1987/37, regulation 47(5) and Part II of Schedule 8.
1971 c. 40. Schedule 2 was inserted by section 16(2) of and Schedule 1 to the Fire Safety and Safety of Places of Sport Act 1987 c. 27.
1990 c. 43. Section 30 of the Control of Pollution Act 1974 is prospectively repealed by Schedule 16 of the Environmental Protection Act 1990.
S.R. & O. 1906/679.
S.R. & O. 1937/54, amended by S.R & O. 1947/805 and S.I. 1978/1723.
S.I. 1956/1943, to which there are amendments not relevant to these Regulations.
S.I. 1959/2258, to which there are amendments not relevant to these Regulations.
S.I. 1975/1023, to which there are amendments not relevant to these Regulations.
S.I. 1976/2003, to which there are amendments not relevant to these Regulations.
S.I. 1979/72, to which there are amendments not relevant to these regulations.
S.I. 1982/1357, amended by S.I. 2002/2979; there are other amending instruments but none is relevant.
S.I. 1983/1140, to which there are amendments not relevant to these Regulations.
S.I. 1987/37, to which there are amendments not relevant to these Regulations.
S.I. 1990/2179, amended by S.I. 1999/173; there are other amending instruments but none is relevant.
S.I. 1991/1531, to which there are amendments not relevant to these Regulations.
1968 c. 67; subsections (3A) to (3C) were inserted by the Animal Health and Welfare Act 1984 (c. 40), section 13(2); subsections (4), (6), and (9) were amended by that Act, Schedule 1, paragraph 3 and Schedule 2; subsection (7) was repealed by that Act, Schedule 1, paragraph 3 and Schedule 2; Subsection (5) was amended, and subsection (5A) was inserted, by S.I. 1994/3119; the meaning of “medicinal product” was modified by S.I. 1994/3144. Sections 104(1) and 105(1) were amended by S.I. 1994/1031.
S.I. 1992/656, amended by S.I. 1999/981; there are other amending instruments but none is relevant.
S.I. 1993/323, amended by S.S.I. 2000/179; there are other amending instruments but none is relevant.
S.I. 1993/208, to which there are amendments not relevant to these Regulations.
S.I. 1995/204, to which there are amendments not relevant to these Regulations.
S.I.1995/3163, amended by S.I.1996/2092; there are other amending instruments but none is relevant.
S.I. 1998/494, to which there are amendments not relevant to these regulations.
S.I. 1999/2024, to which there are amendments not relevant to these Regulations.
S.I. 2000/2531, to which there are amendments not relevant to these Regulations.
S.I. 1983/1140, to which there are amendments not relevant to these Regulations.
S.I. 1991/1531, to which there are amendments not relevant to these Regulations.
The repeal of the provisions in sections 2 and 5 is effected under section 80(1) of the 1974 Act. Sections 4 and 7 are “existing statutory provisions” within the meaning of section 53 of the 1974 Act and are repealed by virtue of section 15(3)(a) of that Act.
The repeal of the provisions in sections 12 and 13 is effected under section 80(1) of the 1974 Act. Section 3 is an “existing statutory provision” within the meaning of section 53 and is repealed by virtue of section 15(3)(a) of that Act.
Editorial notes
Reg. 1 in force at 26.4.2005, see reg. 1(1)
Reg. 2 in force at 26.4.2005, see reg. 1(1)
Reg. 3 in force at 26.4.2005, see reg. 1(1)
Reg. 4 in force at 26.4.2005, see reg. 1(1)
Reg. 5 in force at 26.4.2005, see reg. 1(1)
Reg. 6 in force at 26.4.2005, see reg. 1(1)
Reg. 7 in force at 26.4.2005, see reg. 1(1)
Reg. 8 in force at 26.4.2005, see reg. 1(1)
Reg. 9 in force at 26.4.2005, see reg. 1(1)
Reg. 10 in force at 26.4.2005, see reg. 1(1)
Reg. 11 in force at 26.4.2005, see reg. 1(1)
Reg. 12 in force at 26.4.2005, see reg. 1(1)
Reg. 13 in force at 26.4.2005, see reg. 1(1)
Reg. 14 in force at 26.4.2005, see reg. 1(1)
Reg. 15 in force at 26.4.2005, see reg. 1(1)
Reg. 16 in force at 26.4.2005, see reg. 1(1)
Reg. 17 in force at 26.4.2005, see reg. 1(1)
Reg. 18 in force at 26.4.2005, see reg. 1(1)
Reg. 19 in force at 26.4.2005, see reg. 1(1)
Reg. 20 in force at 26.4.2005, see reg. 1(1)
Reg. 21 in force at 26.4.2005, see reg. 1(1)
Reg. 22 in force at 26.4.2005, see reg. 1(1)
Reg. 23 in force at 26.4.2005, see reg. 1(1)
Reg. 24 in force at 26.4.2005, see reg. 1(1)
Reg. 25 in force at 26.4.2005, see reg. 1(1)
Reg. 26 in force at 26.4.2005, see reg. 1(1)
Reg. 27 in force at 26.4.2005, see reg. 1(1)
Reg. 28 in force at 26.4.2005, see reg. 1(1)
Sch. 1 para. 1 in force at 26.4.2005, see reg. 1(1)
Sch. 1 para. 2 in force at 26.4.2005, see reg. 1(1)
Sch. 1 para. 3 in force at 26.4.2005, see reg. 1(1)
Sch. 2 para. 1 in force at 26.4.2005, see reg. 1(1)
Sch. 2 para. 2 in force at 26.4.2005, see reg. 1(1)
Sch. 2 para. 3 in force at 26.4.2005, see reg. 1(1)
Sch. 2 para. 4 in force at 26.4.2005, see reg. 1(1)
Sch. 2 para. 5 in force at 26.4.2005, see reg. 1(1)
Sch. 2 para. 6 in force at 26.4.2005, see reg. 1(1)
Sch. 3 para. 1 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 1 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 2 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 3 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 4 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 5 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 6 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 7 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 8 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 9 in force at 26.4.2005, see reg. 1(1)
Sch. 4 para. 10 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 1(1)(2)(4)-(13)(15)-(21) in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 1(3)(14) in force at 26.4.2005 for specified purposes, see reg. 1
Sch. 5 para. 2 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 3 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 4 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 5 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 6 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 7 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 8 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 9 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 10 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 11 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 12 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 13 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 14 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 15 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 16 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 17 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 18 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 19 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 20 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 21 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 22 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 23 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 24 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 25 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 26 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 27 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 28 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 29 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 30 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 31 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 32 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 33 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 34 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 35 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 36 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 37 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 38 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 39 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 40 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 41 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 42 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 43 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 44 in force at 26.4.2005, see reg. 1(1)
Sch. 5 para. 45 in force at 26.4.2005, see reg. 1(1)
Sch. 6 Pt. 1 in force at 26.4.2005, see reg. 1(1)
Sch. 6 Pt. 2 in force at 26.4.2005, see reg. 1(1)
Word in reg. 2(6) substituted (1.7.2007) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (S.I. 2007/1573), reg. 1, Sch. 8
Word in reg. 3(2)(b) substituted (1.7.2007) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (S.I. 2007/1573), reg. 1, Sch. 8
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)
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)
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)
Word in reg. 7 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(5)
Words in reg. 16(1)(b) 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(10)(a)
Words in reg. 2(1) 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(2)(a)
Words in reg. 2(9) omitted (6.4.2009) by virtue of The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(2)(b)
Words in reg. 9(2)(j) omitted (6.4.2009) by virtue of The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(6)
Word in reg. 10(2)(e)(f) 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(7)(a)
Word in reg. 10(3)(a) omitted (6.4.2009) by virtue of The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(7)(c)(i)
Words in reg. 10(3)(b) omitted (6.4.2009) by virtue of The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(7)(c)(ii)
Words in reg. 11(5) omitted (6.4.2009) by virtue of The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 4(8)(b)
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