Legalize / United Kingdom / Statutory-Instrument

The Explosives Regulations 2014

Type Statutory-Instrument

Publication 2014-06-23

Last updated 2024-10-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(ii) in the case of an approved body which was a notified body immediately before IP completion day, in accordance with conditions set under regulation 70(6)(b) as it applied immediately before IP completion day; and

Monitoring

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(1) Where the Secretary of State determines that an approved body—

(a) no longer meets an approved body requirement, or

(b) is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 72(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 69 (approved bodies).

(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 72(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 69.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Before taking action under paragraph (1) or (2), the Secretary of State must—

(a) give notice in writing to the approved body of the proposed action and the reasons for it;

(b) give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(5) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State—

(a) transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

(b) keep its files relating to the activities it has undertaken as an approved body available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.

(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.

United Kingdom Accreditation Service

74

(1) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures—

(a) in respect of which the body's approval was given under regulation 70; or

(b) in respect of which the body's notification as a notified body was made.

(2) Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Schedule 16 (operational obligations of approved bodies).

(3) An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved body—

(a) to issue a Type examination certificate referred to in Schedule 17 (conformity assessment procedures); or

(b) to affix, or cause to be affixed, the body's identification number pursuant to regulation 68 (UK marking).

Changes to notifications

75

(1) An approved body may subcontract specific conformity assessment activities or use a subsidiary to carry out such activities provided—

(a) the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

(b) the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c) the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—

(a) the assessment of the qualifications of the subcontractor or the subsidiary; and

(b) the conformity assessment activity carried out by the subcontractor or subsidiary.

(4) In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006 .

Operational obligations of notified bodies

76

(1) The Secretary of State must—

(a) assign an approved body identification number to each approved body; and

(b) compile and maintain a register of—

(i) approved bodies;

(ii) their approved body identification numbers;

(iii) the activities for which they have been approved; and

(iv) any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.

Subsidiaries and contractors

77

The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

(a) assessing whether a conformity assessment body meets the approved body requirements;

(b) monitoring approved bodies in accordance with regulation 72; and

78

Schedule 11, which makes provision —

(a) determining the enforcing authority for these Regulations as they apply within Great Britain; and

(b) determining the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999 as it applies to the manufacture and storage of explosives,

has effect.

79

The Executive is the enforcing authority for these Regulations as they apply in any area outside Great Britain.

Enforcement in relation to regulation 8 and Part 13, market surveillance and further matters

80

Schedule 12, which makes provision as to—

(a) enforcement in relation to regulation 8 and Part 13;

(b) market surveillance in relation to that Part;

(d) a defence of due diligence, appeals against notices and further provisions in relation to enforcement;

has effect.

81

(1) Subject to paragraphs (2) and (4), the Executive may, by a certificate in writing, exempt any person or class of persons or any explosive or class of explosives from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to such conditions and to a limit of time and may be revoked by the Executive by a certificate in writing at any time.

(2) The Executive must not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any enactment which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the security of explosives will not be prejudiced.

(3) Subject to paragraph (4), the Secretary of State having responsibility for defence may, in the interests of national security, by a certificate in writing, exempt any person or class of persons, any headquarters or any explosive or class of explosives from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by that Secretary of State by a certificate in writing at any time.

(4) The power to exempt in paragraph (1) or (3) does not apply to regulations 8, 33, 34, 36 , 38 and Part 13 .

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(1) A licence granted under regulation 13 of the 2005 Regulations or deemed to have been so granted by virtue of regulation 27(1) of those Regulations which was valid immediately before the relevant date is deemed to be a licence granted under regulation 13 of these Regulations and continues in force, despite the revocation of the 2005 Regulations by these Regulations, on its existing terms and conditions, subject to—

(a) any variation under regulation 16(1)(a) to (c) of these Regulations; or

(b) its expiry on the date it was due to expire or its revocation under regulation 23 of these Regulations, whichever is the sooner.

(2) A registration granted under regulation 11 of the 2005 Regulations which was valid immediately before the relevant date is deemed to be a licence granted under regulation 13 of these Regulations and continues in force, despite the revocation of the 2005 Regulations by these Regulations, on its existing terms until the date it was due to expire or its revocation under regulation 23, whichever is the sooner.

(3) Where an application for a licence or variation of a licence under the 2005 Regulations has been made to, and received by, the licensing authority before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for a licence or, as the case may be, a variation of a licence under, respectively, regulation 12 or regulation 16 of these Regulation and the provisions of these Regulations apply to the application accordingly, subject to paragraph (4) in respect of cases to which the requirements of regulations 13(3) and 14 of the 2005 Regulations applied.

(4) In relation to the application of the requirements of regulations 13(3) and 14 of these Regulations to an application referred to in paragraph (3)—

(a) a draft licence issued by the Executive or the ONR to the applicant under regulation 14(1) of the 2005 Regulations before the relevant date is deemed to be a draft licence for the purposes of regulation 14(1) of these Regulations;

(b) a notice under regulation 14(3) or (8) of the 2005 Regulations which has been published before the relevant date in respect of the application is deemed to be a notice for the purposes of, respectively, regulation 14(3) or (8) of these Regulations;

(c) if a public hearing for the purposes of regulation 14 of the 2005 Regulations would be held or continue to be held on or after the relevant date, it may continue to be so held and is deemed to be a hearing for the purposes of regulation 14 of these Regulations;

(d) the assent to the application by the local authority pursuant to regulation 14 of the 2005 Regulations, or the assent by both local authorities to the application where the assent of both is required under that regulation, given before the relevant date is deemed to be assent for the purposes of regulations 13(3) and 14 of these Regulations.

(5) An explosives certificate granted under regulation 4 of the 1991 Regulations which was valid immediately before the relevant date is deemed to be an explosives certificate granted under regulation 11 of these Regulations and continues in force, notwithstanding the revocation of the 1991 Regulations by these Regulations, on its existing terms until the date it was due to expire or its revocation under regulation 21, whichever is the sooner.

(6) Where an application for an explosives certificate under the 1991 Regulations has been made to, and received by, the chief officer of police for the relevant police force before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for an explosives certificate under regulation 11 of these Regulations and the provisions of these Regulations apply to the application.

(7) Despite the revocation of the 1993 Regulations by these Regulations, a recipient competent authority document issued under the 1993 Regulations which was valid immediately before the relevant date is deemed to be a valid recipient competent authority document for the purposes of regulation 8 of these Regulations.

(8) Where an application for a recipient competent authority document under the 1993 Regulations has been made to, and received by, the Executive before the relevant date and the application has not been refused nor granted by that date, the application is deemed to be an application for a recipient competent authority document under regulation 8 of these Regulations and the provisions of these Regulations apply to the application.

(9) In relation to the application of these Regulations to the storage of ammonium nitrate blasting intermediate by virtue of regulation 2(2), where a person is storing ammonium nitrate blasting intermediate on the relevant date, regulations 7, 12, 13, 14, 16 to 18, 20 and 23 do not apply to that storage by that person until 1st October 2017.

(10) Paragraph (11) applies to a person who, immediately before the relevant date, held—

(a) a licence granted under regulation 13 of the 2005 Regulations; or

(b) a registration granted under regulation 11 of the 2005 Regulations,

which, in either case, is deemed to be a licence granted under regulation 13 of these Regulations by virtue of, respectively, paragraph (1) or (2) of this regulation and, in respect of that licence or registration, was subject to the requirements of regulation 5 of the 2005 Regulations.

(11) A person to whom this paragraph applies is not subject to the requirements of regulation 27 until the later of—

(a) 1st October 2015; or

(b) the expiry of the licence or registration, as the case may be, deemed to be a licence under, respectively, paragraph (1) or (2); and

until that later date, that person must continue to comply with the requirements of regulation 5 of the 2005 Regulations as if those Regulations had not been revoked by these Regulations.

(12) Where the storage of explosives at any place—

(a) was immediately before the relevant date exempt from the requirement for a licence under the 2005 Regulations by virtue of an exemption certificate granted under regulation 26 of those Regulations; and

(b) is not storage to which regulation 3(9) of these Regulations relates,

the person doing that storing is deemed to hold a licence granted by the Executive under regulation 13 with an expiry date of 1st October 2016.

(13) Paragraph (14) applies to a person who, immediately before the relevant date, acquires or is keeping explosives which do not require an explosives certificate under the 1991 Regulations but which do under these Regulations.

(14) A person to whom this paragraph applies is deemed to hold an explosives certificate under these Regulations which permits the acquiring and keeping of the explosives referred to in paragraph (13) until 1st October 2016.

(15) The amendments made by the 2005 Regulations to—

(a) the Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956 ; and

(b) the Miscellaneous Mines (Explosives) Regulations 1959 ,

continue to have effect despite the revocation of the 2005 Regulations by these Regulations.

(16) The amendments made by the Explosives Act 1875 and 1923 Etc. (Repeals and Modifications) (Amendment) Regulations 1974 (“the Amendment Regulations”) to the Explosives Act 1875 and 1923 Etc. (Repeals and Modifications) Regulations 1974 continue to have effect despite the revocation of the Amendment Regulations by these Regulations.

(17) In this regulation—

(a) “the 1991 Regulations” means the Control of Explosives Regulations 1991 ;

(b) “the 1993 Regulations” means the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 ;

(d) “relevant date” means 1st October 2014.

83

(1) The primary legislation specified in Part 1 of Schedule 13 and the secondary legislation specified in Part 2 of that Schedule is amended in accordance with the provisions of that Schedule.

(2) The primary legislation specified in column 1 of Part 1 of Schedule 14 is repealed to the extent specified in column 3 of that Schedule.

(3) The secondary legislation specified in column 1 of Part 2 of Schedule 14 is revoked to the extent specified in column 3 of that Schedule.

84

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how other member States have implemented—

(a) Council Directive 93/15/EC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses , as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29th September 2003 , Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11th March 2009 and Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012 which are implemented by these Regulations; and

(b) Commission Directive 2008/43/EC of 4th April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses as amended by Commission Directive 2012/4/EU , which are implemented by these Regulations.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with 1st October 2014.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 1 — ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES AND MARKET SURVEILLANCE

Enforcement powers, market surveillance and designation of market surveillance authority

Evaluation of civil explosives presenting a risk

Enforcement action in respect of civil explosives which are not in conformity and which present a risk

EU safeguarding procedure

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement action in respect of civil explosives which are in conformity, but present a risk

11

(1) Where, having carried out an evaluation under paragraph 8, the Executive finds that, although a civil explosive is in conformity with Part 13 it presents a risk, the Executive must require a relevant economic operator to take appropriate measures to—

(a) ensure that the civil explosive concerned, when placed on the market, no longer presents a risk;

(b) withdraw the civil explosive within a prescribed period; or

(2) Where the Executive takes measures under sub-paragraph (1), it must notify the Secretary of State immediately.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The notice referred to in sub-paragraph (2) must include details about the civil explosive and, in particular—

(a) the data necessary for the identification of the civil explosive concerned;

(b) the origin and the supply chain of the civil explosive;

(d) the nature and duration of the measures taken by the Executive.

(5) In this paragraph, “prescribed period” means a period which is—

(a) prescribed by the Executive; and

(b) reasonable and commensurate with the nature of the risk presented by the civil explosive.

Enforcement action in respect of formal non-compliance

12

(1) Where the Executive makes one of the following findings relating to a civil explosive, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—

(a) the UK marking—

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulations 64 (prohibition on improper use of UK marking) and 68 (UK marking);

(b) where an approved body is involved in the production control phase for the civil explosive, the identification number of the approved body—

(i) has not been affixed; or

(ii) has been affixed otherwise than in accordance with regulation 68;

(i) has not been drawn up; or

(ii) has been drawn up otherwise than in accordance with regulations 41 (declaration of conformity and UK marking) and 67 (declaration of conformity);

(d) the technical documentation is either not available or not complete;

(e) the following information that is required in respect of the civil explosive is absent, false or incomplete—

(i) the information specified in regulation 44 (traceability of civil explosives to which regulations 33, 34 and 36 do not apply);

(ii) the information specified in regulation 50 (information identifying importer); or

(f) any other administrative requirement imposed on the manufacturer or importer under Part 13 has not been fulfilled.

(2) Until the specified period has elapsed, the Executive must not commence proceedings in relation to Part 13 of these Regulations, or take any other enforcement action in relation to that Part, against the relevant economic operator in respect of the non-compliance concerned.

(3) Where the non-compliance referred to in sub-paragraph (1) persists, the Executive must take appropriate measures to—

(a) restrict or prohibit the civil explosive being made available on the market;

(b) ensure that the civil explosive is withdrawn; or

(4) This paragraph does not apply where a civil explosive presents a risk.

Restrictive measures

13

When enforcing Part 13, the Executive must comply with the requirements of Article 21 of RAMS, as amended from time to time, in relation to any measure to—

(a) prohibit or restrict a civil explosive being made available on the market;

(b) withdraw a civil explosive; or

PART2 — COMPLIANCE, WITHDRAWAL AND RECALL NOTICES

Compliance, withdrawal and recall notices

14

In addition to the powers available to the Executive under Part 1 of this Schedule for enforcing Part 13, the Executive may use the powers set out in this Part.

Compliance notice

15

(1) The Executive may serve a compliance notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that there is non-compliance.

(2) A compliance notice must—

(a) require the relevant economic operator on which it is served to—

(i) end the non-compliance within such period as may be specified in the notice; or

(ii) provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the Executive that the non-compliance has not in fact occurred; and

(b) warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under paragraph (a) within the period specified in the notice, further action may be taken in respect of the civil explosive or any civil explosive of the same type made available on the market by that relevant economic operator.

(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

(4) Subject to sub-paragraph (5), the Executive may revoke or vary a compliance notice by serving a notification on the economic operator.

(5) The Executive may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Withdrawal notice

16

(1) The Executive may serve a withdrawal notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that—

(a) the civil explosive has been made available on the market; and

(b) there is non-compliance.

(2) A withdrawal notice must prohibit the relevant economic operator from making the civil explosive available on the market without the consent of the Executive.

(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the civil explosive.

(4) A withdrawal notice may require the relevant economic operator to keep the Executive informed of the whereabouts of any civil explosive referred to in the notice.

(5) A consent given by the Executive pursuant to a withdrawal notice may impose such conditions on the making available on the market as the Executive considers appropriate.

(6) Subject to sub-paragraph (7), the Executive may revoke or vary a withdrawal notice by serving a notification on the economic operator.

(7) The Executive may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Recall notice

17

(1) The Executive may serve a recall notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that—

(a) the civil explosive has been made available to end-users; and

(b) there is non-compliance.

(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the civil explosive from end-users to the relevant economic operator or another person specified in the notice.

(3) A recall notice may—

(a) require the recall to be effected in accordance with a code of practice;

(b) require the relevant economic operator to—

(i) contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

(ii) publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the civil explosive poses and the fact of the recall; or

(iii) make arrangements for the collection or return of the civil explosive from end-users or its disposal; or

(c) impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the civil explosive.

(4) In determining what requirements to include in a recall notice, the Executive must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

(5) A recall notice may only be issued by the Executive where—

(a) other action which it may require under or by virtue of this Schedule would not suffice to address the non-compliance;

(b) the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;

(c) the Executive has given not less than 10 days’ notice to the relevant economic operator of its intention to serve such a notice; and

(d) the Executive has taken account of any advice obtained under sub-paragraph (6).

(6) A relevant economic operator which has received notice from the Executive of an intention to serve a recall notice may at any time prior to the service of the recall notice require the Executive to seek the advice of such person as the Institute determines on the questions of—

(a) whether there is non-compliance; and

(b) whether the issue of a recall notice would be proportionate.

(7) Sub-paragraphs (5)(b), (c) and (d) do not apply in the case of a civil explosive presenting a serious risk requiring, in the view of the Executive, urgent action.

(8) Where a relevant economic operator requires the Executive to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the Executive.

(9) In this regulation, “Institute” means the charitable organisation with the registered number 803725 and known as the Chartered Institute of Arbitrators.

(10) A recall notice served by the Executive may require the relevant economic operator to keep the Executive informed of the whereabouts of a civil explosive to which the recall notice relates, so far as the relevant economic operator is able to do so.

(11) Subject to sub-paragraph (12), the Executive may revoke or vary a recall notice by serving a notification on the economic operator.

(12) The Executive may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Compliance with a withdrawal or recall notice

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(1) A person must not contravene any requirement or prohibition imposed by a withdrawal or recall notice served pursuant to this Part (including any such notice as varied by the Executive or on appeal).

(2) The provisions of section 33(1)(c) of the 1974 Act apply to sub-paragraph (1) for the purposes of its enforcement as if it were health and safety regulations for the purposes of that Act.

(3) The maximum penalty for an offence under section 33(1)(c) of the 1974 Act, as applied by sub-paragraph (2), is determined in accordance with sub-paragraph (4).

(4) The penalty referred to in sub-paragraph (3) is—

(a) on summary conviction—

(i) in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;

(ii) in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

(b) on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.

Interpretation

19

In this Part, “non-compliance” means that a civil explosive—

(a) presents a risk; or

(b) is not in conformity with Part 13 or RAMS in its application to civil explosives.

PART 3 — DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

Defence of due diligence

20

(1) Subject to paragraphs (2) and (4), in proceedings for an offence under section 33(1)(c) of the 1974 Act involving a contravention of Part 13 or paragraph 18, it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a) served a notice in accordance with paragraph (3); or

(b) obtained the leave of the court.

(3) The notice must—

(a) give any information in P’s possession which identifies or assists in identifying the person who—

(i) committed the act or default; or

(ii) supplied the information on which P relied; and

(b) be served on the person bringing the proceedings not less than 7 clear days before—

(i) in England and Wales, the hearing of the proceedings;

(ii) in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a) to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a) to the act or default of another person; or

(b) to reliance on information supplied by another person.

Service of a compliance, withdrawal or recall notice or a defence of due diligence notice

21

(1) Section 46 of the 1974 Act applies to the service of—

(a) a compliance, withdrawal or recall notice served by the Executive as it applies to notices served under that Act on a person other than an inspector appointed under section 19 of that Act; and

(b) a notice served by a person under paragraph 20 as it applies to notices served under that Act on an inspector appointed under section 19 of that Act.

Action by enforcing authority

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(1) The Executive may itself take action which an economic operator could have been required to take by a notice served under or by virtue of Parts 1 or 2 of this Schedule where the conditions for serving such a notice are met and either—

(a) the Executive has been unable to identify any economic operator on whom to serve such a notice; or

(b) the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the Executive has taken action as a result of the condition in paragraph (1)(b) being met, the Executive may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the Executive in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980.

Appeals against notices

23

(1) An application for an order to vary or set aside the terms of a notice served under Part 2 of this Schedule may be made to the appropriate court—

(a) by the economic operator on whom the notice has been served; and

(b) in the case of a notice other than a recall notice, by a person having an interest in the civil explosive in respect of which the notice has been served.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under Part 2 of this Schedule if satisfied—

(a) that the civil explosive to which that notice relates is in conformity with Part 13 and does not present a risk; or

(b) that the enforcing authority failed to comply with paragraph 4 when serving the notice.

(4) On an application to vary the terms of a notice served by virtue of Part 2 of this Schedule, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this paragraph, the “appropriate court” is to be determined in accordance with paragraph 24 (appropriate court for appeals against notices).

Appropriate court for appeals against notices

24

(1) In England and Wales, the appropriate court for the purposes of paragraph 23 is—

(a) the court in which proceedings have been brought for an offence in relation to the civil explosive under section 33 of the 1974 Act;

(b) an employment tribunal seized of appeal proceedings against a notice which relates to the civil explosive and which has been served under or by virtue of Part 1 of this Schedule; or

(2) In Scotland, the appropriate court for the purposes of paragraph 23 is—

(a) the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office; or

(b) an employment tribunal seized of appeal proceedings against a notice which relates to the civil explosive and which has been served under or by virtue of Part 1 of this Schedule.

(3) A person aggrieved by an order made by a magistrates’ court in England and Wales pursuant to an application under paragraph 23, or by a decision of such a court not to make such an order, may appeal against that order or decision to the Crown Court.

SCHEDULE 15 — APPROVED BODY REQUIREMENTS

1

(1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.

2

A conformity assessment body must be a third party body independent of the organisation or the civil explosive it assesses.

3

(1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of civil explosives, nor the representative of any of those parties.

(2) Sub-paragraph (1) does not preclude the use of civil explosives that are necessary for the operations of the conformity assessment body or the use of civil explosives for personal purposes.

4

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of civil explosives, or represent the parties engaged in those activities.

5

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified (including consultancy services).

6

A conformity assessment body must ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

7

A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in those activities.

8

A conformity assessment body must be capable of carrying out all of the conformity assessment activities in relation to which it has been, or is to be, approved, whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

9

A conformity assessment body must have at its disposal—

(a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

(b) descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as a approved body and other activities;

(c) procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.

10

A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities.

11

The personnel responsible for carrying out conformity assessment activities must have—

(a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

(b) satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;

(c) appropriate knowledge and understanding of the essential safety requirements, of the applicable designated standards and ... of these Regulations;

(d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

12

A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.

13

The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.

14

A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.

15

A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.

16

Paragraph 15 does not prevent the personnel from providing information to the Secretary of State or the enforcing authority in respect of Part 13 of these Regulations.

17

A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any approved body coordination group established by the Secretary of State and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

SCHEDULE 16 — OPERATIONAL OBLIGATIONS OF APPROVED BODIES

1

An approved body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

2

An approved body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

3

An approved body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

4

An approved body must respect the degree of rigour and the level of protection required to ensure that the civil explosive is in conformity with the requirements of Part 13 of these Regulations.

5

Where an approved body finds that essential safety requirements or corresponding designated standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.

6

Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, an approved body finds that a civil explosive is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).

7

Where the approved body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the approved body must restrict, suspend or withdraw any certificate of conformity or approval.

8

Paragraph 9 applies where an approved body is minded to—

(a) refuse to issue a certificate of conformity or grant an approval;

(b) restrict, suspend or withdraw a certificate of conformity or approval.

9

Where this paragraph applies, the approved body must—

(a) give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b) give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

10

An approved must inform the Secretary of State of—

(a) any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

(b) any circumstances affecting the scope of, or conditions for, approval under regulation 70 ...;

(c) any request for information which it has received from the enforcing authority in respect of Part 13 regarding conformity assessment activities; and

(d) on request, conformity assessment activities performed within the scope of its approval under regulation 70 and any other activity performed, including cross-border activities and subcontracting.

11

An approved body must make provision in its contracts with its clients enabling such clients to appeal against a decision—

(a) to refuse to issue a certificate of conformity or grant an approval; or

(b) to restrict, suspend or withdraw a certificate of conformity or approval.

12

An approved body must provide other bodies approved under these Regulations carrying out similar conformity assessment activities covering the same civil explosives with relevant information on issues relating to negative and, on request, positive conformity assessment results.

13

An approved must participate in the work of any approved body coordination group established by the Secretary of State, directly or by means of its designated representatives.

Interpretation: designated standard

2A

(1) Subject to paragraphs (6) and (7), in these Regulations a “designated standard” means technical specification which is—

(a) adopted by a recognised standardisation body or an international standardising body for repeated or continuous application with which compliance is not compulsory; and

(b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a) the characteristics required of a product, including—

(i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;

(b) production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—

(a) the European Committee for Standardisation (CEN);

(b) the European Committee for Electrotechnical Standardisation (Cenelec);

(d) the British Standards Institution (BSI).

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

(4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing a reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant.

(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) In this regulation, a reference to a “product” is a reference to a civil explosive.

(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(10) Regulations made under paragraph (9) are to be made by statutory instrument.

(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.

Application and extent

Declaration of conformity and UK marking

Prohibition on improper use of UK marking

Obligations which are met by complying with obligations in the Directive

64A

(1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “CE marking” has the meaning given to it in Article 2(24);

(2) ... Paragraph (3) applies where, before placing a civil explosive on the market, the manufacturer—

(a) ensures that the civil explosive has been designed and manufactured in accordance with the essential safety requirements set out in Annex II;

(b) ensures that the relevant conformity assessment procedures that apply to that civil explosive in accordance with Article 20 have been carried out;

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(e) affixes a CE marking, in accordance with Articles 22 and 23(1) to (5);

(f) draws up an EU declaration of conformity, in accordance with Article 21; and

(g) ensures that the EU declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 39, 40, 41(1) and 41(3) are to be treated as being satisfied;

(b) regulations 41(2), 42, 43(2), 46(2) and 64 apply subject to the modifications in paragraph (10); and

(4) ... Paragraph (5) applies where, before placing a civil explosive on the market, the importer ensures that—

(a) the relevant conformity assessment procedures that apply to that explosive in accordance with Article 20 have been carried out;

(b) the manufacturer has drawn up the technical documentation referred to in Annex III; and

(5) Where this paragraph applies—

(a) the requirements of regulation 48(1)(a) to (c) are to be treated as being satisfied; and

(b) regulations 47, 49(1), 52 and 60 apply subject to the modifications in paragraph (10).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Paragraph (9) applies where, before making a civil explosive available on the market, a distributor ensures that the civil explosive bears the CE marking referred to in Article 23.

(9) Where this paragraph applies—

(a) regulation 56(1)(a)(i) is to be treated as being satisfied; and

(b) regulations 57(1) and 60 apply subject to the modifications in paragraph (10).

(10) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (9)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b) any reference to “UK marking” is to be read as a reference to the CE marking;

(c) any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex II;

(d) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 20;

(f) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex III.

Conformity assessment procedure obligation which is met by complying with the Directive

64B

(1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2) Paragraph (3) applies where, prior to the manufacture of a civil explosive, the manufacturer ensures that the conformity assessment procedure that applies to that explosive in accordance with Article 20(a) has been carried out.

(3) Where this paragraph applies—

(a) any reference to “relevant conformity assessment procedure” in regulations 40(a), 41(1), 48(1)(a), 64(1)(b), 67(b) and 68(3) are to be read as including the conformity assessment procedure referred to in Article 20(a) of the Directive; and

(b) any reference to “technical documentation” in regulations 40(b), 42, 48(1)(b), 52(b), and in paragraph 12(1)(d) of Part 1 of Schedule 12 and Schedule 17 is to be read as including the technical documentation relating to the design of the civil explosive referred to in Annex III.

Expiry of regulations 64A and 64B

64C

(1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b) “harmonised standard” has the meaning given to it in Article 2(16).

(2) Paragraph (3) applies where, before placing a civil explosive on the market, the manufacturer—

(a) ensures that the civil explosive has been designed and constructed in accordance with the essential safety requirements set out in Annex II;

(b) ensures that the relevant conformity assessment procedures that apply to that civil explosive in accordance with Article 20 have been carried out;

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 39 and 40 are to be treated as being satisfied;

(b) regulations 65, 66 and 68(3) and (4) and paragraph 12(1)(b) of Schedule 12 do not apply;

(c) regulations 41 to 43, 47 to 49, 52, 57, 60 and 64(1), (3) and (4) are to be read subject to the modifications in paragraph (4);

(d) regulation 67 and Schedule 18 are to be read subject to the modifications in paragraphs (4) and (5).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements as set out in Annex II;

(b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedure referred to in Article 20;

(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III.

(5) The modifications referred to in paragraph (3)(d) are that—

(a) in regulation 67(b) the reference to “Schedule 17” is to be read as a reference to Annex III;

(b) in Schedule 18—

(i) in paragraph 5 the reference to “relevant statutory requirements” is to be read as including the Directive;

(ii) in paragraph 7 the reference to “approved body” is to be read as a reference to any body that undertook any conformity assessment procedure in accordance with Article 20.

Qualifying Northern Ireland Goods

64D

(1) In this regulation—

“the 2016 Regulations” means the Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016;

“CE marking” has the meaning given to it in regulation 2(1) of the 2016 Regulations;

“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

“relevant conformity assessment procedure” has the meaning given to it in regulation 2(1) of the 2016 Regulations;

“technical documentation” has the meaning given to it in regulation 2(1) of the 2016 Regulations.

(2) Where paragraph (3) applies, a civil explosive is to be treated as being in conformity with Part 13 Sub-Part A.

(3) This paragraph applies where—

(a) a civil explosive—

(i) is in conformity with Part 3 Sub-Part A of the 2016 Regulations;

(ii) is qualifying Northern Ireland goods; and

(b) an importer has met the obligations set out in paragraph (4).

(4) The obligations referred to in paragraph (3)(b) are that, before placing the civil explosive on the market, the importer—

(a) complies with regulation 50;

(b) ensures that—

(i) the relevant conformity assessment procedure has been carried out in in relation to the civil explosive;

(ii) the manufacturer has drawn up the technical documentation; and

(iii) the civil explosive bears the CE marking.

Declaration of conformity

UK marking

Approved bodies

Approval of conformity assessment bodies

Presumption of conformity of approved bodies

Monitoring

Restriction, suspension or withdrawal of approval

Operational matters in relation to approved bodies

Subsidiaries and contractors

Register of approved bodies

UK national accreditation body

Transitional provision in relation to EU Exit

82A

(1) In this regulation—

“pre-exit period” means the period beginning with 20th April 2016 and ending immediately before IP completion day;

“product” means a civil explosive to which these Regulations apply.

(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 16 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to—

(a) any obligation of any enforcing authority to inform the European Commission or the member States of any matter; or

(b) any obligation to take action outside of the market in respect of that product.

(4) Where during the pre-exit period—

(a) a product has not been placed on the market; and

(b) a manufacturer has taken any action under regulation 40 as it had effect immediately before IP completion day in relation to that product

that action has effect as if it had been done under regulation 40 as it had effect on and after IP completion day.

(5) Subject to paragraph (6), where before 11pm on 31st December 2024—

(a) a product has not been placed on the market; and

(b) a manufacturer has taken any action under the conformity assessment procedure that applies to that product in accordance with Article 20 of the Directive

that action has effect as if it had been done under the applicable conformity assessment procedure referred to in regulation 66.

(6) Paragraph (5) does not apply—

(a) after the expiry of the validity of any certificate issued pursuant to the applicable conformity assessment procedure; and

(b) in any event, after 31st December 2027.

Repeals, revocations and amendments

Review

SCHEDULE 17 — CONFORMITY ASSESSMENT PROCEDURES

PART 1 — TYPE EXAMINATION (MODULE B)

1

(1) Type examination (Module B) is a conformity assessment procedure in which an approved body examines the technical design of an explosive and verifies and attests that the technical design of the explosive meets the requirements of these Regulations that apply to it.

(2) Type examination must be carried out as an assessment of the adequacy of the technical design of the explosive through—

(a) examination of the technical documentation and supporting evidence referred to in paragraph 2; and

(b) examination of a specimen of the production envisaged which is representative of the complete product (combination of production type and design type).

2

(1) A manufacturer must lodge an application for Type examination (Module B) with an approved body of the manufacturer's choice.

(2) The application must include—

(a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;

(b) a written declaration that the same application has not been lodged with any other approved body;

(d) the specimens representative of the production envisaged, and any further specimens requested by the approved body if needed for carrying out the test programme;

(e) the supporting evidence for the adequacy of the technical design solution; this supporting evidence must—

(i) mention any documents that have been used, in particular where the relevant designated standards have not been applied in full;

(ii) include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under the manufacturer's responsibility.

3

The technical documentation referred to in paragraph 2(2)(c) must—

(a) make it possible to assess the explosive's conformity with the applicable requirements of these Regulations and must include an adequate analysis and assessment of any risks;

(b) specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the explosive;

(i) a general description of the explosive;

(ii) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;

(iii) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the explosive;

(iv) a list of the designated standards applied in full or in part (where applicable specifying the parts which have been applied);

(v) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements, including a list of other relevant technical specifications applied to meet the essential safety requirements;

(vi) the results of design calculations made and examinations carried out;

(vii) test reports.

4

(1) The approved body must examine the technical documentation and supporting evidence in respect of an explosive to assess the adequacy of the technical design of the explosive.

(2) For each of the specimens examined, the approved body must—

(a) verify that the specimen—

(i) has been manufactured in conformity with the technical documentation;

(ii) identifies the elements which have been designed in accordance with the applicable provisions of the relevant designated standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

(b) carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards, these have been applied correctly;

(c) carry out, or arrange the carrying out of, appropriate examinations and tests to check whether, where the solutions in the relevant designated standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications meet the corresponding essential safety requirements;

(d) agree with the manufacturer on a location where the examinations and tests will be carried out.

5

The approved body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes and, without prejudice to the approved body's obligations in relation to the Secretary of State, the approved body may disclose the content of that report, in full or in part, only with the agreement of the manufacturer.

6

(1) Where the type meets the applicable requirements of these Regulations, the approved body must issue a Type examination certificate to the manufacturer, which must contain—

(a) the name and address of the manufacturer;

(b) the conclusions of the examination;

(d) the necessary data for the identification of the approved type;

(e) all relevant information to allow the conformity of manufactured explosives with the examined type to be evaluated and to allow for in-service control.

(2) The Type examination certificate referred to in sub-paragraph (1)—

(a) may have one or more annexes attached;

(b) must be accompanied by the descriptions and drawings necessary for identification of the approved type.

(3) Where the type does not satisfy the applicable requirements of these Regulations, the approved body must refuse to issue a Type examination certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

7

An approved body must keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and must determine whether such changes require further investigation and, if so, the approved body must inform the manufacturer accordingly.

8

A manufacturer must inform the approved body that holds the technical documentation relating to the Type examination certificate of all modifications to the approved type that may affect the conformity of the explosive with the essential safety requirements or the conditions for validity of that certificate; such modifications require additional approval in the form of an addition to the original Type examination certificate.

9

(1) Each approved body must inform the Secretary of State of all Type examination certificates and any additions thereto which it has issued or withdrawn, and must, periodically or upon request, make available to the Secretary of State the list of such certificates and any additions thereto refused, suspended or otherwise restricted.

(2) Each approved body must inform the other approved bodies of all Type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and must, upon request, inform the other approved bodies of such certificates and additions thereto which it has issued.

(3) The other approved bodies and the Secretary of State may obtain from the approved body a copy of—

(a) the Type examination certificates and additions thereto;

(b) the technical documentation and the results of the examinations carried out by the approved body.

(4) An approved body must keep a copy of the Type examination certificate, its annexes and additions, as well as the file containing the technical documentation including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

(5) A manufacturer must keep a copy of the Type examination certificate, its annexes and additions together with the technical documentation at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market.

10

A manufacturer's authorised representative (if any) may lodge the application referred to in paragraph 2 and fulfil the obligations set out in paragraphs 8 and 9(5), provided that they are specified in the mandate by which they were appointed under regulation 46.

PART 2 — CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCT CHECKS AT RANDOM INTERVALS (MODULE C2)

11

Conformity to type based on internal production control plus supervised product checks at random intervals (Module C2) is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 12 to 14, and it is solely the manufacturer's responsibility to ensure and declare that the explosives concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

Manufacturing

12

A manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured explosives with the type described in the Type examination certificate and with the requirements of these Regulations that apply to them.

Product checks

13

(1) The approved body chosen by the manufacturer must carry out product checks or have them carried out at random intervals determined by that body, in order to verify the quality of the internal checks on the explosive, taking into account, amongst other things, the technological complexity of the explosives and the quantity of production.

(2) The approved body must ensure that—

(a) it takes an adequate sample of the final product on site before its placing on the market; and

(b) the sample is examined and appropriate tests as identified by the relevant parts of the designated standards, or equivalent tests set out in other relevant technical specifications, are carried out to check the conformity of the explosive with the type described in the Type examination certificate and with the relevant requirements of these Regulations.

(3) Where a sample does not conform to the acceptable quality level, the approved body must take appropriate measures.

(4) The acceptance sampling procedure to be applied is intended to determine whether the manufacturing process of the explosive performs within acceptable limits, with a view to ensuring conformity of the explosive.

(5) The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number during the manufacturing process.

UK marking and declaration of conformity

14

(1) A manufacturer must affix the UK marking to each individual explosive that is in conformity with the type described in the Type examination certificate and which satisfies the applicable requirements of these Regulations.

(2) A manufacturer must draw up a written declaration of conformity for each explosive type and keep it at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market; the declaration of conformity must identify the explosive type for which it has been drawn up.

(3) A copy of the declaration of conformity must be made available to the relevant authorities upon request.

Authorised representative

15

A manufacturer's obligations set out in paragraph 14 may be fulfilled by the manufacturer's authorised representative (if any), on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate by which they were appointed under regulation 46.

PART 3 — CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF THE PRODUCTION PROCESS (MODULE D)

16

Conformity to type based on quality assurance of the production process (Module D) is a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 17 and 23, and it is solely the manufacturer's responsibility to ensure and declare that the explosives concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

Manufacturing

17

A manufacturer must operate an approved quality system for production, final product inspection and testing of the explosives specified in paragraph 18, and which is subject to surveillance as specified in paragraph 22.

Quality system

18

(1) A manufacturer must lodge an application for assessment of the manufacturer's quality system with an approved body of the manufacturer's choice.

(2) The application must include—

(a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;

(b) a written declaration that the same application has not been lodged with any other approved body;

(d) the documentation concerning the quality system;

(e) the technical documentation of the approved type and a copy of the Type examination certificate.

19

(1) The quality system must ensure that the explosives are in conformity with the type described in the Type examination certificate and comply with the requirements of these Regulations that apply to them.

(2) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions.

(3) The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of—

(a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b) the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(c) the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

(d) quality records, such as inspection reports and test data, calibration data, and qualification reports on the personnel concerned;

(e) the means of monitoring the achievement of the required product quality and the effective operation of the quality system.

20

(1) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 19 and, where applicable, it must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.

(2) The audit team appointed by the approved body to carry out the audit in paragraph 20(1) (“the audit”) must have experience in quality management systems, with at least one member of the team having experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations.

(3) The audit must include an assessment visit to the manufacturer's premises.

(4) The audit team must review the technical documentation referred to in paragraph 18(2)(e) to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the explosive with those requirements.

(5) The decision of the approved body must be notified to the manufacturer and must contain the conclusions of the audit and a reasoned assessment of the decision.

21

(1) A manufacturer must—

(a) fulfil the obligations arising out of the quality system as approved and maintain it in an adequate and efficient state; and

(b) keep the approved body that has approved the quality system informed of any intended change to the quality system.

(2) Where the approved body is notified by a manufacturer of any proposed change to the quality system the approved body must—

(a) evaluate such proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in paragraph 19 or whether a reassessment is necessary; and

(b) notify the manufacturer of its decision and, that notification must contain the conclusions of the examination and a reasoned assessment of the decision.

Surveillance under the responsibility of the approved body

22

(1) The approved body must carry out surveillance, the purpose of which is to ensure that a manufacturer fulfils the obligations arising out of the approved quality system.

(2) A manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide the approved body with all necessary information including, in particular—

(a) the quality system documentation;

(b) the quality records, such as inspection reports and test data, calibration data, and qualification reports on the personnel concerned.

(3) The approved body must carry out periodic audits to ensure that a manufacturer maintains and applies the quality system and, following each audit, must provide the manufacturer with an audit report.

(4) The approved body may pay unexpected visits to a manufacturer; during such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly; and following such a visit the approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

UK marking and declaration of conformity

23

(1) A manufacturer must affix the UK marking, and, under the responsibility of the approved body referred to in paragraph 18(1), the latter's identification number to each individual explosive that is in conformity with the type described in the Type examination certificate and which satisfies the applicable requirements of these Regulations.

(2) A manufacturer must draw up a written declaration of conformity for each explosive type and keep it at the disposal of the relevant authorities for 10 years beginning on the day on which the explosive has been placed on the market; the declaration of conformity must identify the explosive type for which it has been drawn up.

(3) A copy of the declaration of conformity must be made available to the relevant authorities upon request.

24

A manufacturer must, for a period of 10 years beginning on the day on which the explosive has been placed on the market, keep at the disposal of the relevant authorities—

(a) the documentation referred to in paragraph 18(2);

(b) any information relating to the change referred to in paragraph 21(1)(b) and 21(2), as approved;

25

Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.

26

Each approved body must inform other approved bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.

Authorised representative

27

A manufacturer's obligations set out in paragraphs 18(1), 18(2), 21(1)(b), 21(2), 23 and 24 may be fulfilled by the manufacturer's authorised representative (if any), on the manufacturer's behalf and under the manufacturer's responsibility, provided that they are specified in the mandate by which they were appointed under regulation 46.

PART 4 — CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE (MODULE E)

28

Conformity to type based on product quality assurance (Module E) is that part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in paragraphs 29 and 34, and it is solely the responsibility of the manufacturer that the explosives concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

Manufacturing

29

A manufacturer must operate an approved quality system for final product inspection and testing of the explosives concerned as specified in paragraphs 30 and 31 and which must be subject to surveillance as specified in paragraph 33.

Quality system

30

(1) A manufacturer must lodge an application for assessment of the manufacturer's quality system with an approved body of the manufacturer's choice for the explosives concerned.

(2) The application must include—

(a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;

(b) a written declaration that the same application has not been lodged with any other approved body;

(d) the documentation concerning the quality system;

(e) the technical documentation of the approved type and a copy of the Type examination certificate.

(3) The quality system must ensure compliance of the explosives with the type described in the Type examination certificate and with the applicable requirements of these Regulations.

(4) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions; this quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and, it must, in particular, contain an adequate description of—

(a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b) the examinations and tests that will be carried out after manufacture;

(c) the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned;

(d) the means of monitoring the effective operation of the quality system.

31

(1) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 30(3) and (4) and, where applicable, it must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of a relevant designated standard.

(2) The audit team appointed by the approved body to carry out the audit under paragraph 31(1) (“the audit”) must have experience in quality management systems and have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations.

(3) The audit must include an assessment visit to the manufacturer's premises.

(4) The audit team must review the technical documentation referred to in paragraph 30(2)(e), in order to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the explosive with those requirements.

(5) The decision of the approved body must be notified to the manufacturer and the notification must contain the conclusions of the audit and the reasoned assessment for the decision.

32

(1) A manufacturer must—

(a) fulfil the obligations arising out of the quality system as approved and maintain it in an adequate and efficient state; and

(b) keep the approved body that has approved the quality system informed of any intended change to the quality system.

(2) Where the approved body is notified by a manufacturer of any proposed change to the quality system the approved body must—

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