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Registration and Licensing by HSE under the Manufacture and Storage of Explosives Regulations 2005 (MSER)

SPC/Permissioning/34

Purpose

1 To provide staff with guidance on procedures for dealing with applications to HSE for licences, variations of licence, renewals of licence, registrations and renewals of registration under MSER. This circular should be read in conjunction with other documents that it references which are also available on the HSE website.

Background

2 Under MSER, HSE is responsible for the licensing of

3 HSE is also responsible for the registration and licensing of all storage of explosives at mines and within harbours.

4 All HSE’s registration and licensing duties under MSER are carried out by staff of HID SI2. The processing of an application for a licence, variation of a licence or registration involves inspectors, the Regulatory Contact Officer (RCO) and administrative staff working as a team, with administrative staff having direct responsibility for the discharge of actions at certain stages of the process as well as supporting inspectors and the RCO at other stages.

5 Before undertaking licensing work, all staff receives a combination of formal and on the job training based on this SPC and such of the referenced documents that are relevant to their role in the registration or licensing process.
6 The circumstances under which the various types of licence or registration apply are defined in Regulations 9-11 of MSER. There are significant differences in the procedures for dealing with applications for the various types of registration or licence that may be received by HSE, summarised in Annex 1, and each procedure will be covered in turn in what follows.

Procedure for applications for a new licence to manufacture explosives or a new licence to store explosives (other than a licence to store 2 tonnes or less of explosives at a mine or within a harbour)

7 A description for the applicant of the process of applying for and being issued with a licence is in the “Guide for those applying to the Health and Safety Executive for a licence to manufacture or store explosives” (guide for applicants). Apart from being on the HSE website, a hard copy of this guide is enclosed in the licence application pack which can be sent in response to preliminary enquiries from potential applicants. The flow chart in Annex 2 summarises the actions to be taken by HSE and comments on these for various stages of the process are as follows.

8 On receipt of an enquiry, the applicant should be advised to retrieve the application form and guide for applicants from the HSE web site , or alternatively sent a licence application pack by post. No work should be carried out until the completed application form, the application fee and a first draft of the licence or equivalent information is received from the applicant.

9 When an application form is received, the administrative team (Admin) open a new file and attach a time recording sheet and a quality check list (to be found in TRIM folder 4.4.2.1410) to it. Once the correct application fee and all the required information has been received, Admin prepare standard letters (all standard letters referred to in this SPC will be found in TRIM folder 4.4.2.1410) as indicated in Annex 2 and then pass the application file to the Inspector to check that the application is viable. If the Inspector considers that the licence is viable, they sign the standard letters that they wish to be sent. For all applications the letter to the fire service relating to their responsibilities for general fire precautions under the Regulatory Reform Order must be sent. In deciding which of the other letters should be sent the inspector should consider how much information HID SI2 already has from any previous dealings with the applicant against the criteria in paragraphs 541-543 and 550-553 inclusive of the MSER ACOP and guidance. It is also at this stage that details of the application are sent to the local authority that will later be approached by the applicant for assent. It is for the inspector to decide how much information should accompany the letters to these various bodies. However, as a general rule, the police, trading standards and fire service will be sent a copy of the application form. In addition, in the case of the local authority who will be approached for assent, and in the case of the fire service when written to for their comments on general fire precautions, the applicant’s first draft of the licence, where this has been provided should be enclosed, and in the case of the police, the draft explosives schedule should be enclosed. All the letters referred to in this paragraph must be signed by the inspector or pp the inspector on a case by case basis where the inspector has specifically authorised this.

10 Most applicants will agree to the processing of the application proceeding, pending receipt of comments from the bodies mentioned in the previous paragraph, but in all cases the applicant must be approached and their decision recorded on file. This is because all work done by an inspector on an application is chargeable to the applicant, regardless of whether the application results in the issue of a licence or the refusal or a licence, or is terminated at an earlier stage. Also the applicant may decide not to proceed further with an application in the light of comments received.

11 In reviewing and agreeing the draft licence with the applicant, the inspector will follow the principles laid down in paragraphs 4, 5 and 6 on pages 1-2 of the guide for applicants and the further licence assessment/drafting guidance contained in
Annex 3. It will usually be necessary for the inspector to visit the proposed site at some stage during this process to check the suitability of the site.

12 Following agreement of the draft licence the assent process commences. Whilst the assent process is primarily a matter for the applicant and the local authority, MSER imposes time period deadlines for actions to be taken by the local authority, and HSE is responsible for enforcement action in the event that these are not met. It is therefore important that the assent process is monitored by HSE as indicated in Annex 2, and prompt action taken in the event that a deadline appears to have been missed. Initially action will usually take the form of a reminder letter from the inspector to the local authority requiring urgent action to bring the process back on track, with a mention of HSE’s enforcement powers where appropriate. In the event that a letter fails to achieve compliance, more formal enforcement action may be necessary.

13 Assuming that assent is given, the draft licence is initialled by the inspector handling the application and then signed by HM Chief Inspector of Explosives (Band 1). The Admin team then arrange invoicing and collection of the balance of the fee payable before the licence is issued. A standard term of licence requires that before each building is taken into use for the first time, HSE is informed. This is so that HSE may if necessary inspect the building before use to check that it is located and constructed in accordance with the licence. For each case it will rest with the inspector to judge whether an inspection is necessary.

14 In the event that a licence application is terminated before the licence is signed and issued, the applicant should be invoiced for the balance of the fee payable for work done by the inspector up to point of termination, and the file then closed.

15 In cases where the applicant decides to appeal against a decision to refuse a licence, the application and file should remain open pending the outcome of the appeal.

16 At the same time that an application file is opened, it is also necessary to record the appropriate information on the Corporate Operational Information System (COIN). The detailed requirements are not covered here, but it should be noted that each application for a licence or varying licence should have a “Case” and a “Service Order”. Recording of time spent and key actions taken for each application should be recorded on COIN in accordance with Divisional instructions. The Service Order incorporates the same steps as the Quality Check List and each should be updated promptly, by the administrative team or the inspector as appropriate, as the application progresses. Lines in Service Orders not used for a particular case should be marked “not relevant”.

Procedure for applications for the variation of a licence to manufacture explosives or variation of a licence to store explosives (other than a licence to store 2 tonnes or less of explosives at a mine or within a harbour)

17 The guide for applicants (paragraph 11, page 2) advises that the process for applying for a variation is similar to that for a new licence, except that local authority assent may not be required. The flow chart in Annex 4 summarises the actions to be taken by HSE, and comments on these for various stages of the process where there are significant differences from that for a new licence, are as follows.

18 It is not necessary in the case of a licence variation to contact the police, trading standards or fire service in their capacity as an explosives licensing/registration body. However, for all applications the letter to the fire service (letter 3b) relating to their responsibilities for general fire precautions under the Regulatory Reform Order must be sent. At an early a stage as possible the inspector should decide, using the criteria in Regulation 16 of MSER and associated guidance whether or not the variation requires local authority assent. Where the inspector believes that assent is required, the local authority is sent details of the application for variation for preliminary comment, as for a new licence. In the event that the inspector believes that assent is not needed, the local authority is sent details of the application together with a letter seeking their agreement that assent is not required. In the event that the local authority does not agree, the licence variation will be subject to assent.

19 The comments on review and agreement of draft licence, termination before signing of licence and appeal in previous paragraphs for new licence applications apply equally to applications for the variation of a licence (except that a site visit by an inspector will often not be needed), and similarly the comments on processing of the licence pending receipt of comments and the assent process apply equally to variation applications requiring local authority assent.
Appropriate information should be recorded on COIN as detailed in para 14 above.

Procedure for applications for a new licence to store 2 tonnes or less of explosives at a mine or within a harbour

20 This procedure covers applications for those new licences issued by HSE as the licensing authority defined in paragraph 1(a) (iii) of Schedule 1 to MSER. Such licences, which do not require assent and to which the minimum separation distances specified in Schedule 2 to MSER apply, are commonly known as “fixed rule licences”. This procedure does not apply to applications for licences to store explosives at a mine or within a harbour, where the applicant wishes to store more than 2 tonnes of explosives at one site, or where the separation distances specified in Schedule 2 cannot be met. These are subject to the procedure described earlier in this document, including local authority assent. HSE is not the licensing authority for fixed rule licences for the storage of explosives at locations other than at a mine or within a harbour, which are dealt with by the police or local authority.
The procedure (referred to there as a Code NL Application) is detailed in Annex 5, and there is little that need be added here. At present, as stated in Annex 5, there is no specific form for fixed rule licence applications to HSE. However, the form designed for applications to the local authority or police may be used pending the availability of a universal form designed for use for fixed rule licence or registration applications to any MSER licensing authority.

21. In general the site of the explosives store should be defined as the footprint of the store and all separation distances measured from this footprint. The licence should define the site of the store specifically for example “Explosives Store, Nutty Slack Colliery” or “Store No 2, Nutty Slack Colliery” rather than just “Nutty Slack Colliery”.

22 It is necessary to record the appropriate information on the Corporate Operational Information System (COIN). The detailed requirements are not covered here, but it should be noted that each application for a licence should have a “Case” and a “Service Order”. Recording of time spent and key actions taken for each application should be recorded on COIN in accordance with Divisional instructions. At the same time, a paper application file will be opened for those applications where this is required (see Annex 5).

Procedure for applications for a new registration to store explosives at a mine or within a harbour

23 This procedure covers applications to HSE for the registration of explosives storage at a mine or within a harbour. HSE is not the authority for the registration of the storage of explosives at locations other than at a mine or within a harbour, which are dealt with by the police or local authority.

24 The procedure (referred to there as a Code NR application) is detailed in
Annex 5. The position regarding the application form is as stated above.

25 It is necessary to record the appropriate information on the Corporate Operational Information System (COIN). The detailed requirements are not covered here, but it should be noted that each application for registration should have a “Case” and a “Service Order”. Recording of time spent and key actions taken for each application should be recorded on COIN in accordance with Divisional instructions. At the same time, a paper application file will be opened for those applications where this is required (see Annex 5).

Procedure for applications for the renewal of registration or licence to store less than 2 tonnes of explosives at a mine or within a harbour

26 The procedure for the renewal of a registration or licence (referred to there as a Code RR, RMRP or RL application) is detailed in Annex 5. It is appropriate here to make some general comments on each of these types of application as follows.

Application for Renewal of a Registration other than for Multiple Registered Premises

27 This is referred to as a Code RR application in Annex 5. To qualify as an application for a renewal, the application must be made before the current registration expires, otherwise it should be processed as an application for a new registration.

28 Renewals received by HSE which are applications for the renewal of registrations issued by a local authority before 26th April 2005 under the Explosives Act 1875 as modified (EA 1875) are deemed under MSER to be renewals of regulations.
29 It is also necessary to record the appropriate information on the Corporate Operational Information System (COIN). The detailed requirements are not covered here, but it should be noted that each application for renewal of registration or a licence should have a “Case” and a “Service Order”. Recording of time spent and key actions taken for each application should be recorded on COIN in accordance with Divisional instructions. At the same time, a paper application file will be opened for those applications where this is required (see Annex 5).

Application for Renewal of a Registration for Multiple Registered Premises

30 This is referred to as a Code RMRP application in Annex 5. To qualify as an application for a renewal, the application must be made before the current registration expires. Multiple Registered Premises (MRPs) are unique to former National Coal Board mines and comprise a set of cupboards or lockers grouped together at one location. Under the Explosives Act 1875 as modified, each cupboard or locker was separately registered, with each being legally permitted to hold a quantity of explosives up to that allowed under Mode A registration. This form of registration is not continued under MSER, where all cupboards are considered to constitute a single registered premise, with the aggregate maximum quantity of explosives for all the cupboards together being just that allowed for a single registration. In view of this, registrations for MRPs as they become due for renewal are being renewed as “fixed rule” licences, with MSER Schedule 2 distances not applying until 6 April 2010. These licences (termed “Distribution Store Licences”) allow the same total quantity of explosives to be kept as was permitted under the former registration, and this will also apply to any further renewals not extending beyond 5 April 2010.

31 Applications for the renewal of Distribution Store Licences that will extend beyond 5th April 2010 should be assessed against MSER Schedule 2 distances. It is expected that due to the typical location of the Distribution Store within the main colliery building, the maximum quantity of explosives that will be permitted to be kept after that date will be markedly reduced and the implications of this are currently being explored with coal mining industry representatives.

32 Where the application for a renewal of registration for an MRP is made after the current registration has expired, it should be processed as an application for a new licence. In this case there is no transition period for the application of separation distances.

33 It is necessary to record the appropriate information on the Corporate Operational Information System (COIN). The detailed requirements are not covered here, but it should be noted that each application for renewal of registration should have a “Case” and a “Service Order”. Recording of time spent and key actions taken for each application should be recorded on COIN in accordance with Divisional instructions. At the same time, a paper application file will be opened for those applications where this is required (see Annex 5).

Application for Renewal of a Fixed Rule Licence

34 This is referred to as a Code RL application in Annex 5. To qualify as an application for a renewal, the application must be made before the current licence expires, otherwise it should be processed as an application for a new licence.

35 Renewals received by HSE which are applications for the renewal of licences issued by a local authority before 26th April 2005 under the Explosives Act 1875 as modified (EA 1875) are deemed under MSER to be renewals of licences under those Regulations.

36 It is also necessary to record the appropriate information on the Corporate Operational Information System (COIN). The detailed requirements are not covered here but it should be noted that each application for renewal of a licence should have a “Case” and a “Service Order”. Recording of time spent and key actions taken for each application should be recorded on COIN in accordance with Divisional instructions. At the same time, a paper application file will be opened for those applications where this is required (see Annex 5).

Procedure for applications for a licence to mix ammonium nitrate explosives for immediate use (ANFO licence)

37 The mixing of ammonium nitrate explosives for immediate use most commonly takes place at a mine or quarry and, under MSER, is exempt from the requirement for a licence when carried out at such locations, provided that the explosive produced is not cap sensitive. This means that applications for ANFO licences will mainly be for mixing in connection with civil works (road making etc) and forestry work.

38 The application form and the form of licence are in Annex 6. A separate file should be opened for each application.

39 The duration of the licence is agreed between the inspector and the applicant, and is typically the period of time for which explosive is likely to be used, ranging from perhaps a month for a “one off” tree stump removal job to some months or years for major civil work. The site specified in Term 1 of the licence will depend on the nature of work for which the explosive is being used. For work such as making a new road, the site could be a corridor of a suitable width running the entire length of the route of the road.

40 An ANFO licence does not cover the storage of explosives which, if required, will have to be separately licensed under MSER as described earlier in this circular.

41 At the same time that an application file is opened, it is also necessary to record the appropriate information on the Corporate Operational Information System (COIN). The detailed requirements are not covered here, but it should be noted that each application for a licence should have a “Case” and a “Service Order”. Recording of time spent and key actions taken for each application should be recorded on COIN in accordance with Divisional instructions.

Procedure for application for a licence to manufacture ammonium nitrate blasting intermediate (ANBI licence)

42 Most manufacture of ANBI takes place at sites licensed for the manufacture of explosives under MSER, and will be covered by that licence. However, there are one or two cases where ANBI manufacture takes place at a site not licensed for explosives manufacture, and an ANBI licence is therefore required.
More information on ANBI licensing will be found in a separate SPC.

Further Information

43 Further information may be obtained by contacting HID SI2 ExplosivesInspectorate, 5S.2 Redgrave Court, Merton Road, Bootle. Tel: 0151 9513133.


Annex 1 – Types of application handled by HSE

Type of Application Local Authority Assent Required? Minimum Separation Distances specified in: Time Period of Licence Transitional Provisions
For a new licence to manufacture explosives or a new licence to store explosives (other than a licence to store 2 tonnes or less of explosives at a mine or within a harbour) Y Annex 3 of the guidance to MSER (not statutory) Usually unlimited None
For the variation of either of the above licences Y if variation raises significant new health and safety issues or increases time period of licence Annex 3 of the guidance to MSER (not statutory) Usually unlimited None
For a new licence to store 2 tonnes or less of explosives at a mine or within a harbour N Schedule 2 to MSER (statutory) Up to 2 years or longer in certain cases None
For a new registration to store explosives at a mine or within a harbour N Schedule 2 to MSER (statutory) Up to 2 years or longer in certain cases None
For the renewal of registration or licence to store explosives at a mine or within a harbour N Schedule 2 to MSER (statutory) Up to 1 year or longer in certain cases Provided that a registration or licence was in force on 26/4/05 and has always been renewed without a break since then, Schedule 2 distances do not apply until 6/4/10 in case of a registration or 6/4/10/08 in case of a licence
For an ammonium nitrate explosives mixing licence (ANFO licence) N N/A As agreed with the applicant None
For an ANBI licence N ACOP to MSER Usually unlimited Where a person was manufacturing ANBI on 26/4/05, licence not required until 6/4/08.

Annex 2


Annex 3 - Licence assessment / drafting guidance (supplements that in the guide for applicants)

A General Principles

1 Suitability of Site

44 Reg 17 MSER gives HSE the ability to refuse to licence where a site is deemed unsuitable, para 541 of the guidance gives examples of which might make a site unsuitable – but these are only examples and should not be considered exclusive of other circumstances. It is a matter of judgement whether off-site conditions (e.g. storage of combustible material such as pallets, plastic sheeting etc), which would not be acceptable on-site, would be sufficient to make a site unsuitable (c.f para 157 of the ACOP). Account should be taken, for example, of the proximity of such off-site features to licensed buildings. Any assessment of such risks and the judgement made should be clearly recorded on the licensing file.

2 General Approaches to Assessment

45 The initial assessment of any new licence application should be based on the tables in Appendix 3 of the MSER ACOP and Guidance, supplemented where appropriate by the advice on separation distances given in the CBI/EIG Guidance. The acceptance of a separation distance less than the minimum given in the MSER Tables should be supported by an adequate technical justification (for guidance on technical justification see later in this Annex). The following are exceptions to this requirement.

Exception 1

46 The distance tables contained in Chapter 10 of MoD JSP 482 may be used to determine required minimum distances between explosives buildings and between explosives buildings and other onsite buildings. This should only be done where there is satisfactory evidence in each case that the donor and receptor buildings are of the relevant construction required by JSP 482 (in practice this will only be the case for sites formerly owned or operated by MoD) and that the required standard of construction will be maintained in the future.

47 In applying the JSP 482 tables, the distances advised for HD 1.1 should be used for Hazard Type 1 explosives, the distances advised for HD 1.21 used for Hazard Type2 explosives having a net mass of explosives per item > 0.7 kg, and the distances advised for HD 1.22 used for Hazard Type 2 explosives having a net mass of explosives per item of 0.7 kg or less. For Hazard Type 3 explosives, the distance advised by JSP 482 for HD 1.33 should be used.

48 JSP 482 advises that HD 1.4 explosives in any quantity require only a 10 metre fire fighting separation distance and, when together with more hazardous explosives, that HD 1.4 may be disregarded for the purposes of determining separation distances. Unless technically justified in a particular case, HSE does not follow this approach in its site licensing work. Hence when applying JSP 482, Hazard Type 4 explosives in isolation should be treated as HD 1.33 or, if together with other more hazardous explosives, should be counted in determining the aggregate total, which will then be treated as being of the most severe Hazard Type (Hazard Division) present.

Exception 2

49 Where a lower minimum separation distance is allowable under certain circumstances described in this Annex, for example between steel ISO containers of Hazard Type 4 fireworks (see Appendix 1).

50 The above principles also apply to the assessment of varying licence applications with the following qualifications. In general there is no need to revisit the basis of technical justifications for unit risk previously accepted for the existing licence. However, where the application is for a variation that would increase the quantity of explosives or, increase the hazard of explosives from that currently permitted for the relevant building(s) it will be necessary to revisit.

Unitisation of Risk

51 This is commonly achieved solely by separation by distance, but alternatively may be achieved by constructional features alone or a combination of constructional features and a reduced separation distance. In general it is for the licence applicant to demonstrate that unitization will be achieved by theoretical calculations such as TM5-1300 or practical trials, but the following is an exception that may be accepted without such demonstration by the applicant:

52 A minimum 2.5 metre air gap between a steel container and neighbouring containers in all directions may be accepted to provide unitization for any quantity of Hazard Type 4 fireworks in such containers, provided that the containers are arranged in one of the ways shown in Diagram 1 at the end of this Annex. A minimum 2.5 metre barrier consisting of an empty steel container or a steel container holding only non-hazardous materials may be accepted instead of an air gap.

Minimum Separation Distances to Non-Explosives On-site Buildings

53 The Guide for Applicants (Appendix 2) advises that, in general, an on-site occupied non-explosives building requires the minimum distance from an explosives building specified for an off-site building (Inhabited Building Distance - IBD), but that this distance is halved (1/2IBD) when the building is occupied by the applicant, has not more than one storey suitable for occupation above ground and is normally occupied by no more than 20 people. It also advises that non-explosives stores require as a minimum the inter-magazine distance from an explosives building.

54 In assessing applications, inspectors may, where a minimum distance of ½ IBD normally applies, consider reducing this to process – process distance for non–explosives buildings, such as rest rooms or toilets, that are used only by people who work in the explosives buildings in the vicinity.

Minimum Separation Distances to Off-site Buildings – Interpretation of “Occupied”

55 Sheds which are only occupied for a few minutes per day whilst goods are removed or deposited, or stock sheds in farms only occupied for a few minutes per day to feed and water the stock may be accepted at half the normal occupied building distance.

Technical Justifications for a Unit Risk Approach or Other Deviation from the Minimum Separation Distances advised in Annex 3 to the Approved Code of Practice and Guidance for MSER.

Background

56 MSER states at paragraph 396 in the guidance to the ACOP that HSE has discretion to vary the separation distances as specified in Annex 3 to MSER. Such a variation is possible where other risk and hazard reduction and mitigation measures would ensure an equivalent level of safety. Various examples of mitigation are included:

57 The following paragraph in MSER (397), states that the suitability of any measure to justify the use of reduced separation distances will depend upon site specific circumstances and that the licence applicant will need to demonstrate that the proposed safety measures are suitable. This demonstration is normally referred to as the ‘technical justification’.

58 Whilst HSE is able to offer advice and will comment on initial proposals, it is the applicant who must ensure that the necessary expertise and professional advice is available and taken to make this technical justification (paragraph 399 of MSER). HSE will then assess the demonstration to ensure that it is satisfied with its contents and that it provides an equivalent level of safety (see below).

Contents

59 The demonstration or ‘technical justification’ must satisfy the following two key elements;

60 Set out the background, including; what the mitigation measures are, why they are necessary and what they are aiming to achieve.

61 For each mitigation measure, its basis of operation should be provided and justified with supporting information on experimental trials, technical references and associated calculations i.e. how the measure achieves an equivalent level of safety.

62 For experimental trials and technical reference(s), a summary of the appropriate documentation with a reference to the complete document(s) will usually suffice.

63 Where supporting calculations have been used, these should be included. If they have involved the use of models, details of the models used, their validation (for such calculations) and information on input / modelling assumptions should be provided.

64 As part of its assessment process, HSE may request to see / review supporting
documentation etc.

An equivalent level of safety

Intermagazine distance

65 The requirement for intermagazine distance is to prevent the instantaneous propagation of the fire or explosion whether by blast, fragment or thermal effects.
Since magazines are not occupied, no account is taken of personnel, as they will not normally be in the vicinity.

Process building distance

66 The requirement for process building distance is to provide a reasonable degree of immunity from severe injury to occupants in addition to preventing the propagation of the fire / explosion.

67 Process buildings must not collapse from blast at this distance unless made from wood or have lightweight roofs.

Public traffic route

68 The requirement is to provide a reasonable degree of immunity from injury to members of the public travelling past the facility. Members of the public are not likely to be seriously injured by blast, but some injuries are likely due to fragments and debris. The criteria are similar to those specified below for inhabited building distance, but the distance can be reduced due to the non-continuous exposure of the traffic. For standard QD’s, this distance is set at half the inhabited building distance.

Inhabited building distance [IBD]

69 The requirement for inhabited building distance is to prevent severe structural damage and to give a reasonable degree of immunity from injury to members of the public in dwellings or in the open air.

70 For blast, typical effects would be broken windows, dropped ceilings or loosened slates. These effects are generally expected at a distance of 4Rb (i.e. 4 times the radius to Category B damage) at which the Peak Incident (side-on) overpressure is 5kPa (for quantities > 5600 kgs). For lesser quantities, the Peak Incident (side-on) overpressure will be greater.
The radius to Cat B damage can be calculated as follows;

71 Fragments and debris are considered potentially lethal if their energy at impact is 80 Joules or more. Generally, it is expected that, at the inhabited building distance, the density of such lethal fragments will not exceed 1 per 56 m2 on the ground surface.

72 In the MSER QD Tables for lesser quantities of HT1 where fragment/debris effects are dominant rather than blast, the distances have been derived from either individual or group risk analysis applied to the data from extensive trials. For further information on these trials and the methodologies used, the HSE publication “Controlling Risks Around Explosives Stores” should be consulted. A similar approach using these methodologies may also be acceptable.

73 For thermal radiation, the expectation is that occupants of traditional UK inhabited buildings would not suffer injury unless standing in front of a window. Such personnel, and any personnel in the open, are likely to experience reddening of any exposed skin areas.

Vulnerable building distance

74 The requirement is to prevent severe structural damage to vulnerable structures e.g. buildings with extensive glazes areas or buildings susceptible to global collapse, and to protect people from falling non-structural materials such as glass and building façade panels. For standard QD’s, this distance is simply specified as twice the IBD.

Further information can be found in the following HSE document;

B Drafting the Licence - 1 Plans

Location/Site Plans

75 The quality of plans accepted for use in licences over the years has been very variable. Prior to digital mapping, it was often difficult for licensees to get good quality plans – particularly if the site development had not involved an architect. Such excuses no longer hold; in assessing a varying licence application, if an inspector doesn’t think previous plans are fit for purpose, they will ask for better ones.

76 The purpose of Plan A is to show the location of the licensed site in relation to its surroundings, and usually takes the form of a suitable map (for example an OS map or super plan) on which the location is denoted by a red line depicting the site boundary. To avoid confusion with any other red line that may be on a coloured map, red boundary line should be lettered for example “aaaa”, and referred to in this manner in the Terms of Licence. A plan A which only shows the site, without including surrounding land, is unlikely to be suitable.

77 The site plan (usually Plan B) is the only place in which the separation distances between buildings on the site are defined, therefore this plan must be;

78 Aerial or satellite photographs, unscaled photographs of plans from for example road atlases, maps cut and pasted from the internet – are not acceptable; they are unlikely to be a true representation of what’s on the ground. Plans which are not to scale, but on which the inter-building distance has been marked are not suitable, except possibly for the very simplest sites, that is only one or two buildings on site.

How much of a site should be the licensed explosives site?

79 MSER defines the expression “site” as meaning the whole area under the control of the same person, and for those purposes a) all places adjoining each other under the control of the same person shall be treated as a whole area: and b) two or more areas under the control of the same person separated only by a road, railway or inland waterway shall be treated as a whole area. Wherever practical, the licensed explosives site as defined by Plan A of the licence should be the same as the site derived using the MSER definition.

80 If this approach is used for COMAH establishments the MSER licensed site will be the same as the COMAH establishment if there is only one COMAH operator. Where there is more than one operator on a COMAH establishment, and only one operator requires a licence under MSER, the licensed site should be defined as just those area(s) of the establishment which are under the control of that operator.

The following table summarises approaches to the definition of the sites for various situations:

Situation Approach
Company A carries out the manufacture and storage of explosives on one area and Company B carries out the manufacture and storage of explosives on another area of a piece of land owned by Company C Issue site licence to Company A defining the explosives site as the area of land it controls so far as MSER licence compliance is concerned. Issue site licence to Company B defining the explosives site as the area of land it controls of so far as MSER licence compliance is concerned
Company A carries out the manufacture and storage of explosives on two separate areas of land owned by Company C Issue site licence to Company A defining the explosives site as the two areas of land it controls so far as MSER licence compliance is concerned
Company A carries out the manufacture and storage of explosives on one area and Company C carries out the manufacture and storage of explosives on the remaining area of a piece of land owned by Company C Issue site licence to Company A defining the explosives site as the area of land it controls so far as MSER licence compliance is concerned. Issue site licence to Company C defining the explosives site as the area of land it controls of so far as MSER licence compliance is concerned
Company A carries out the manufacture and storage of explosives on area of land that surrounds another area on which it has established a small industrial estate also under its control comprising non-explosives businesses operated by third parties. Issue site licence to Company A defining the explosives site as the whole piece of land since it is all under the control of Company A. Show the area of land used for the industrial estate by shading it in an appropriate colour within the explosives site boundary, which is denoted by the red line in the usual manner. Note on Plan A that the buildings in the shaded area of land are not part of the explosives facility.

Building plans and drawings

81 It can be useful to incorporate these into Building Schedules to supplement the description of the construction that Schedule. A plan is often essential to define the internal layout of a building having appropriations for various areas within it. Plans or drawings are also useful for describing the construction of the more sophisticated types of process or storage building incorporating unit risk features. In cases where the unitization of risk or other mitigation of risk by building construction is not a consideration in the limits set, care should be exercised in referring to a detailed constructional drawings. These can tie the licence to civil engineering details which require a variation of the licence every time that they are changed. If such detail is not necessary to achieve the aims of the licence, then it should be avoided.

2 Building and Explosives Schedules

Building Schedules

82 The name, number or letter given for each building or place in the Building Schedule should match that shown on the licence plan.

83 The description of construction etc defines the building (and is the only specification in place of Building Regulations for explosives buildings). It should clearly and unambiguously describe the building. Text such as ‘brick and lightweight construction” is ambiguous – and probably unenforceable. Does it mean light-weight blow-out panels in otherwise brick (single or double skin?) walls?
84 Some older licences describe methods of construction as “to the satisfaction of HSE” (or similar). Unless this has been defined, either in a published document (which should then be referenced) or elsewhere in the licence, it is pretty meaningless. Where the opportunity arises on varying licences, such text should be replaced and clarified.

Interface between the Control of the Construction of buildings by the Licence and Building Regulations Requirements.

85 When specifying the construction of buildings In the Building Schedule of the licence, the requirements of Building Standards Regulations need to be taken into account. MSER contains different exemptions from Building Standards Regulations in England/Wales and in Scotland.

86 In Scotland, under the Building Standards (Scotland) Regulations 1990 as amended by MSER, the exempted classes of buildings include “a building the construction of which is subject to MSER”. In England and Wales, under the Building Regulations 2000 as amended by MSER, the corresponding exemption is confined to “any building in which explosives are manufactured or stored under a licence granted under MSER”. The position regarding the application of Building Standards Regulations and advice on approaches to be taken in the specification of construction for various natures of buildings in Building Schedules is summarised in the following tables for England/ Wales and Scotland respectively.

Table 1 - England and Wales

Nature Of Building Covered by General Exemption under Building Regulations? Covered by Exemption applying to building in which explosives are manufactured or stored under a licence granted under MSER? Approach to be taken when specifying construction in Building Schedule
Building appropriated for the manufacture and storage of explosives, floor area exceeding 30 sq metres No Yes Unless essential for explosives safety, do not specify constructional features in such a way that would prevent compliance with building regulation requirements.
Building appropriated for the manufacture and storage of explosives, floor area between 15 and 30 sq metres and not constructed of substantially non-combustible materials No Yes Unless essential for explosives safety, do not specify constructional features in such a way that would prevent compliance with building regulation requirements s
Building appropriated for the manufacture and storage of explosives, floor area between 15 and 30 sq metres and constructed of substantially non- combustible materials Yes Yes No need to have regard to building regulations requirements
Building appropriated for the manufacture and storage of explosives, floor area not exceeding 15 sq metres Yes Yes No need to have regard to building regulations requirements
Electrical Sub Station Yes No No need to have regard to building regulations requirements
Unattended plant or machinery building Yes No No need to have regard to building regulations requirements
Canteen, messroom, restroom, office, non-explosives store floor area not exceeding 15 sq metres Yes No No need to have regard to building regulations requirements
Canteen, messroom, restroom, office, non-explosives store, floor area between 15 and 30sq metres and constructed of substantially non- combustible materials Yes No No need to have regard to building regulations requirements
Canteen, messroom, restroom, office, non-explosives store, floor area, floor area between 15 and 30 sq metres and not constructed of substantially non-combustible materials No No Do not specify constructional features in such a way that would prevent compliance with building regulation requirements
Canteen, messroom, restroom, office, non-explosives store, floor area greater than 30 sq No No Do not specify constructional features in such a way that would prevent compliance with building regulation requirements

Table 2 - Scotland

Nature Of Building Covered by General Exemption under Building Regulations? Covered by Exemption applying to building the construction of which is subject to MSER? Approach to be taken when specifying construction in Building Schedule
A building into which people cannot or do not normally go, for example an electrical substation Yes Yes No need to have regard to building regulations requirements
Unattended plant or machinery building Yes Yes No need to have regard to building regulations requirements
Any other building No Yes Do not specify constructional features in such a way that would prevent compliance with building regulation requirements

Specifying the use of the building

87 The application of the building or the activity to be carried on there should be described by a simple phrase as in the following examples:

where the limitations on the types of explosives that are permitted to be manufactured or stored can be adequately specified through the Explosives Schedule.

88 The explosives allowed for each application should be covered by the expression “Explosives as required for the application, in all …….” followed by the quantity allowed. There need be no reference to hazard types, except in the following two cases:
where it is wished to allow an increase in the quantity of explosives permitted for an activity if certain hazard types are not present, for example:
“Explosives as required for this application, in all…….50 kg

89 Provided that if no explosives of Hazard Type 1 or 2 are present, this quantity may be increased to 100 kg”
where it is wished to restrict the explosives allowed to certain Hazard Types, for example, for a building in which only Hazard Type 3 and Hazard Type 4 explosives are allowed:
“Explosives of Hazard Type 3 and 4 as required for the application, in all…. 25kg”

90 Activities which are not permitted to be carried out in the same building or place at the same time should be controlled by the use of the “or in lieu” condition, as illustrated by the following examples:

Example i) “Storage of fireworks

Explosives as required for this application, in all …….50 kg

or in lieu

Storage of secondary explosives

Explosives as required for this application, in all………50 kg”

Example ii) “Mixing pyrotechnic Compositions containing sulphur”

Explosives as required for this application, in all……....25 kg

or in lieu

Mixing pyrotechnic compositions containing chlorate”

Explosives as required for this application, in all…………25 kg

Breakdown

91 Where a building is appropriated for manufacture, this will cover breakdown comprising the reversal of a stage of manufacture just completed for an article still in course of manufacture in order to allow that stage to be repeated to correct an error. If the building is to be used for any other form of breakdown, this should be specified “or in lieu” of manufacture.

Controls on incompatible explosives

92 For process activities/buildings where incompatible explosives are brought together to manufacture an article, it is the licensee’s responsibility to ensure through safe systems of work that the risks in such operations are minimized. The licence should not make reference to such systems.

93 For storage activities/buildings the licence should impose controls regarding incompatible explosives, and there are two possible approaches to this, as follows.

94 Restrictions in the Building Schedule on a building by building basis, for example restricting a building to just “Storage of detonators and like devices” another building to just “Storage of explosives other than fireworks and detonators and like devices” and a third building to just “Storage of fireworks”, or alternatively, for one building having these three uses as “or in lieu” appropriations. This approach, the more commonly used, has the advantage that the restrictions are set down in a clear, simple manner and can be followed by a licensee not having a technical background on compatibility issues.

95 Restrictions imposed for the site as a whole by the following additional term of licence as follows. “Whenever a building or compartment is being used for the storage of explosives in accordance with the terms of licence, explosives which are incompatible shall not be stored together unless they are so segregated that the risk associated with mixed storage is no greater than that if the explosives concerned were stored separately. Fireworks shall not be stored with any other nature of explosives in the same building or compartment”. This approach should only be taken where the inspector is confident that the licensee has the necessary technical background to be able to adhere to it. It is commonly used for the larger licensed sites where the uses of explosives storage buildings are defined in the Building Schedule in a very general way, for example “Storage of explosives”.

Compartment

96 This word has special significance, as defined in the standard term of an explosives site licence. Where a subdivision of a building does not meet this definition the description “compartment” should not be used for it, but rather a word such as “area” or “room”.

ISO Containers

97 The use of ISO containers as storage buildings is very common and need not in itself be a problem. An increasingly common approach is for multiple ISO containers to be located side by side with no inter-building separation distance, in which case we normally treat the group of containers as a single “building” for separation distances. However, it is a moot point whether placing multiple containers together addresses the requirements of MSER reg 4(1)(b) – limiting the extent of fire etc – or COMAH Reg 4 – all measures necessary to limit consequences to persons and the environment.

Coverage of buildings by an explosives site licence

98 All buildings and other significant features that lie within the licensed explosives site should be covered by the explosives site licence, as follows:

99 The Building Schedule should cover all buildings which are liable to contain explosives or other hazardous materials and are located within the explosives site, and (with exceptions noted later) all buildings that lie within the inhabited building distance (Class D distance) of an explosives building and are located within the explosives site. The Building Schedule should also cover other on site locations lying within the inhabited building distance at which activities involving explosives or other hazardous materials take place, for example burning grounds, proof grounds, bulk storage vessels for flammable gases or liquids. In general, dedicated on site utility supply buildings or facilities at which no hazardous materials are present (for example electrical supply sub-stations, pump houses, emergency water supply reservoirs) lying within the inhabited building distance need not be covered by the Building Schedule, but should be marked on the licence plan to indicate their location and function.

100 Buildings and significant features located within the explosives site, but lying beyond the inhabited building distance need not be covered by the Building Schedule, but should be marked on the licence plan to indicate their location and function.

Explosives Schedules

101 The Guide for applicants advises this schedule should list all explosives which are to be involved in the activities of the explosives site under one or more of the following headings:

102 Explosives that will only exist as transient intermediates during manufacture (for example pure nitroglycerine) need not be listed in the Explosives Schedule.

103 The explosives should be defined in the Explosives Schedule in terms of generic expressions which are generally accepted and understood by those who work in the field of explosives, such as “propellants”, “blasting explosives”, “fireworks”, “pyrotechnic articles”, “oil well explosives” (a useful source of such expressions is the UN Orange Book). Such expressions are sufficiently specific to restrict explosives to just those types required for the explosives sites activities, but not so narrow as to mean that the licence will require frequent amendment. None of the following should be used in Explosives Schedules: UNNumbers, Hazard Divisions, Hazard Codes. If, considering the explosives site as a whole, only some of the possible four Hazard Types of explosives are permitted by the licence, this can be reflected by referring to the Hazard Types in the Explosives Schedule, for example “Propellants of Hazard Type 3”, “Fireworks of Hazard Types 3 and 4”. If considering the explosives site as a whole, all four Hazard Types of explosives are permitted by the licence, there should be no reference to Hazard Types in the Explosives Schedule, any restrictions on Hazard Type for particular buildings or activities being imposed solely through restrictions on Hazard Type in the Building Schedule.

104 Note that it is no longer the practice for the Explosives Schedule to have a footnote referring to classification.

3 Terms for Varying Licences

105 Any varying licence which would change a substantial portion of the current licence should take the form of a consolidating varying licence, which replaces the whole of the terms of the existing licence with new ones. In addition, for a licence originally issued under the Explosives Act 1875, as a general rule, the third variation since MSER came into force, regardless of its extent, should take the form of a consolidating varying licence unless a previous varying licence has already taken this form. The terms of a consolidating varying licence are as for a new explosives site licence except that an additional term (Term 1) is inserted as follows:

106 “The whole of the terms of Licence No….., Amending Licences No and Varying Licences No … are hereby repealed and the following shall be in lieu thereof”. The terms for a non-consolidating varying licence, will depend on the nature of the variation, and examples of terms for the most commonly encountered changes are as follows:

Substitution of Licence Plan

107 “The Plan ------ signed by one of HM Inspectors of Health and Safety (Explosives) hereto shall be substituted for Plan ------ to (Varying)(Amending) Licence No----------“

Substitution of Explosives Schedule

108 “The Explosives Schedule hereto shall be substituted for the Explosives Schedule to (Varying)(Amending) Licence No -----“

Addition of a Building

Substitution of a Building Schedule

109 “The Building Schedule hereto shall be substituted for the Building Schedule to (Varying) (Amending) Licence No -------“

Substitution of Part of a Building Schedule for Part of an Existing Building Schedule

110 “So much of the Building Schedule hereto as applies to Building(s) ------ shall be substituted for so much of the Building Schedule to (Varying)(Amending) Licence No ----- as applies to the said Building(s)”.

Substitution of Part of a Building Schedule for Parts of Appropriation, Construction and Distance Schedules for an Existing Building

111 “So much of the Building Schedule hereto as applies to Buildings ----- shall be substituted for so much of the Appropriation, Construction and Distance Schedules to (Amending) Licence No ------- as applies to the said Buildings” (this wording assumes that all the three parts of the Schedules which are being replaced were in the same licence – if the Schedules which are being replaced appeared in different licences, the appropriate licence number will have to be included after Schedule).

Removal of Buildings

112 “Buildings ----- are hereby removed from the Explosives Site” (this will often be combined with the substitution of Plan B, in which case an additional Term will be required to cover this substitution – see earlier).

113 Supplementary Information on the Application of the Separation Distance Tables in Appendix 2 to the Guide for Applicants (MSER Tables) in Assessing New and Varying Licence Applications.

Appendix 1 to Annex 3

114 Minimum separation distances/arrangements between Steel ISO Containers of Hazard Type 4 Fireworks.


Annex 4


Annex 5 – Manufacture and Storage of Explosives Regulations 2005 (MSER)

115 Procedure for processing applications to the Health and Safety Executive (Explosives Inspectorate) for registration or for a licence for the storage within one site of no more than 2000 kg of explosives using the distances set out in Schedule 2 to MSER (a “Fixed Rule” licence)

Scope of procedure

116 This procedure covers all applications to the Explosives Inspectorate for a new registration or “fixed rule” licence or the renewal of one of these. It does not cover those applications for licences which will be subject to local authority assent, or variations of these, for which there is a separate procedure. In the case of renewals this procedure is only valid for licences with an expiry date no later than 5 April 2008 and for registrations with an expiry date no later than 5 April 2010. For a renewed licence or registration having an expiry date later than the 2008 date or 2010 date respectively, the procedures for renewal will mirror those for a new licence or registration.

117 The main features of each type of application covered by this procedure and the framework within which it should be handled are summarised in the table below. In the first column of the table there is an application code, which will frequently be referred to in the remainder of this procedure. It is important therefore that, at this stage, users of this procedure establish from the table which type of application they are dealing with.

Application Code and Description Framework for Handling Application
Code NR
Application for a New Registration at a Mine or within a Harbour
Registration can be for up to 2 years or in certain cases for a longer period provided that, where applicable, the expiry date of the registration is no later than the expiry date of the current explosives certificate issued under the Control of Explosives Regulations 1991 (COER) {see Reg 11(4) of MSER}. Fee payable is as laid down in the Health and Safety Fees Regulations (Fees Regs) for registration. Maximum quantities as specified in Regulation 11(1) of MSER and separation distances laid down in Schedule 2 to MSER apply. A site visit will be necessary to check that the required distances are met before the certificate of registration is issued. Only one registration allowed per site. (Form of certificate of registration is in Appendix 1)
Code NL
Application for a New Licence at a Mine or within a Harbour
Licence can be issued for up to 2 years or in certain cases for a longer period provided that, where applicable, the expiry date of the licence is no later than the expiry date of the current explosives certificate issued under the Control of Explosives Regulations 1991 (COER) {see Reg 13(1) of MSER}. Fee payable is as laid down in Fees Regs for a licence. Maximum quantities and separation distances laid down in Schedule 2 to MSER apply. A site visit will be necessary to check that the required distances are met before the licence is issued. Only one licence allowed per site. (Form of licence is in Appendix 2)
Code RR
Application for the Renewal of a Registration at a Mine or within a Harbour {for the special case of an application for the renewal of a multiple registration (multiple registered premises) at a mine see separate entry in next row of table}.
Registration can be for up to 1 year in a case where only MSER Schedule 1 explosives are stored (the usual situation for a registration within a harbour) or to the date of expiry of the explosives certificate issued under the Control of Explosives Regulations 1991 (COER) where explosives not in MSER Schedule 1 are stored if this is more than 1 year away. Fee payable is as laid down in Fees Regs for renewal of registration. Maximum quantities as specified in Regulation 11(1) of MSER. Separation distances laid down in Schedule 2 to MSER do not apply until 6 April 2010 provided that a registration was in force on 26 April 2005 and has always been renewed without a break since then. No site visit necessary before registration certificate is issued. (Form of certificate of registration is in Appendix 3)
Code RMRP
Application for the Renewal of a Multiple Registration (Multiple Registered Premises MRP) at a Mine
Multiple registrations accepted under EA 1875 cannot be replicated under MSER that is Premises can only have one registration under MSER with maximum quantities as specified in Regulation 11(1) of MSER. In most cases this will not be viable for the mine, since the previous multiple registration will have allowed 6 or more times the maximum quantity allowed for a single registration.
If renewal of registration is not viable, the MRP should be licensed as a store (Distribution Store). Maximum quantity will be as allowed by the previous registration. Licence can be issued for up to 2 years and if the applicant has been granted a certificate under the Control of Explosives Regulations 1991 (COER) for any period not exceeding the expiry date of that certificate. Fee payable is as laid down for renewal of registration. Separation distances laid down in Schedule 2 to MSER do not apply until 6April 2010 provided that the previous multiple registrations were in force on 26 April 2005 and have always been renewed as a licence without a break since then. No site visit necessary before licence is issued. (Form of licence is in Appendix 4)
Code RL
Application for the Renewal of a Licence at a Mine or within a Harbour
Licence can be issued for up to 1 year or in certain cases for a longer period provided that, where applicable, the expiry date of the licence is no later than the expiry date of the current explosives certificate issued under the Control of Explosives Regulations 1991 (COER) {see Reg 13(1) of MSER}. Fee payable is as laid down in (Fees Regs) for the renewal of a licence. Maximum quantities laid down in Schedule 2 to MSER apply. Separation distances laid down in Schedule 2 to MSER do not apply until 6 April 2008 provided that the previous licence was in force on 26 April 2005 and has always been renewed without a break since then. No site visit necessary before licence is issued. (Form of licence is in Appendix 5).

Method of application and information required from applicants

118 There is currently no HSE application form. Application should be by either a signed letter including the following information either in the letter itself or as enclosures with the letter, or completing the form designed for applications to the local authority or police.



For all Types of Application

Name and Address of Applicant including Post Code
Applicant’s telephone number/ fax/
e mail address
Address of Site including Post Code
Is the site is at a mine or within a harbour, and, if so What is the address of mine or harbour
Is the application for a:
Registration?
Licence?
Renewal of registration?
Renewal of licence?
If the application is for renewal of registration at a mine, is this for Multiple Registered Premises (MRP)?
Apart from this application, are there any other licences or registrations in force for the site? If so copies of certificates of registration and/or licences should be provided.

Additional Information Requirements for the Various Types of Application
NR and NL What sorts, hazard types and quantities of explosives does the applicant wish to store?
When does the applicant require the licence or registration by?
RR Copy of existing certificate of registration
RMRP Copy of existing certificate(s) of registration
The name (e.g. Distribution Store) or number (e.g. Building 2) by which the MRP is identified
RL Copy of existing licence
Confirmation that applicant wishes to continue to store the same quantity of explosives as allowed by the existing licence or what quantity they now require
The name (e.g. Explosives Store) or number (e.g. Building 2) by which the store is identified

119 For applications where separation distances will be required, the administrative team will raise a paper application file in the XI/4111/FRS- series, and, for all applications, the RCO will ensure that the applicant has provided all the required information identified from the table above. If necessary the RCO will contact the applicant to provide further details.

Once all the information has been provided, the RCO will process the application.

Assessment of application

120 For NR and NL applications the RCO will first check that the application is viable and then send out the standard letter advising the fire service of the application in relation to its responsibility for general fire precautions under the Regulatory Reform Order. The RCO will then assess the application using the tables in Schedule 2 to MSER, and this will usually involve a site visit. For all applications, as part of the viability check, the RCO will check that the aggregate quantity of explosives that would be allowed to be stored at the site under the proposed registration or licence and any other licences for the site would not exceed 2000kg. If this quantity does exceed 2000kg, the application will be terminated and the applicant advised to apply to HSE for a licence requiring the assent of the local authority.

121For all applications, the RCO will decide the type of registration certificate or licence required, its duration and details of maximum quantities of explosives to be inserted in the draft registration certificate or licence. In the case of a new registration {Code NR (Template in Appendix 1)} or a new licence {Code NL (Template in Appendix 2)} the quantities will be the maximum that the application of the minimum separation distances specified in Schedule 2 to MSER will permit. In the case of the renewal of a registration (Code NR (Template in Appendix 3)) the quantities will always be as shown in the template. For the renewal of a Multiple Registration at a mine as a Distribution Store {Code RMRP (Template in Appendix 4) the quantity will be the 30kg multiplied by the number of registrations that were previously in force for the MRP. For the renewal of a licence {Code RL (Template in Appendix 5)} the quantities and hazard types of explosives should normally be the same as that in the previous licence.

Preparation and issue of licence

122 The RCO will prepare the draft registration certificate or licence, initial it and then send it to a Band 2 inspector for signature.

123 In the case of RR and RMRP applications, the licence will be accompanied by a letter explaining that there may in the future be changes in the quantities of explosives allowed to be stored as a result of the application of MSER Schedule 2 distances from 6th April 2010 (suggested forms of wording are in Appendix 6).

124 For all applications, the administrative team will send a standard letter advising the appropriate police force and fire service of the issue of the certificate of registration or licence.

125 For applications relating to a mine, the administrative team will copy the certificate of registration or licence to the Mines Inspectorate.

126 For applications within a harbour, the administrative team will copy the certificate of registration or licence to the harbour authority or harbour operating company and the local HSE (FOD) office.


Appendix 6 to annex 5 - Suggested forms of wording for the letter to accompany renewals of registrations or licences

Code NR

127 "Further to your application of (date) for registration, I enclose your certificate of registration. Please note that the registration will expire (on date) and if you wish renew the registration, you are advised to apply at least one month before the expiry date to ensure that there is no break between registrations. Please note that no reminders will be issued."

Code NL

128 "Further to your application of (date) for a licence, this in enclosed. Please note that the licence will expire (on date) and if you wish renew the licence, you are advised to apply at least one month before the expiry date to ensure that there is no break between licences. Please note that no reminders will be issued"

Code RR

128 "Further to your application of (date) for renewal of registration, I enclose your certificate of registration. Please note that the registration will expire (on date) and if you wish renew the registration again, you are advised to apply at least one month before the expiry date to ensure that there is no break between registrations. Please note that no reminders will be issued.

129 The minimum separation distances specified in Schedule 2 to MSER do not apply to the current registration, nor will they apply to future renewals of this registration so long as there is no break between registrations and the expiry date of a registration is no later than 5th April 2010. Once Schedule 2 distances apply, this may mean that the quantity of explosives that can be stored may be less than those allowed currently. If you wish to discuss the implications with an inspector, please contact (Name of Inspector)"

Code RMRP

130 "Further to your application of (date) for renewal of registration for the Multiple Registared Premises (MRP), it has been decided to renew it as a store licence. This because under MSER the maximum aggregate quantity of explosives that would be permitted to be stored in the MRP if it were registered would be just 30 kg, and I understand that you have a continuing operational need to store more than this. I enclose your licence, which allows the same maximum quantity of explosives to be stored as the previous registrations. Please note that the licence will expire (on date) and if you wish to renew the licence, you are advised to apply at least one month before the expiry date to ensure that is no break between licences. Please note that no reminders will be issued.

131 The minimum separation distances specified in Schedule 2 to MSER do not apply to the current licence, nor will they apply to renewals of this licence so long as there is no break between licences and the expiry date of a licence is no later than 5th April 2010. Once Schedule 2 distances apply, this may mean that the quantity of explosives that can be stored may be less than those allowed currently. If you wish to discuss the implications with an inspector, please contact (Name of Inspector)"

Code RL

132 "Further to your application of (date) for renewal of licence, this is enclosed. Please note that the licence will expire (on date) and if you wish renew the licence again, you are advised to apply at least one month before the expiry date to ensure that there is no break between licences. Please note that no reminders will be issued.

133 The minimum separation distances specified in Schedule 2 to MSER do not apply to the current licence, nor will they apply to future renewals of this licence so long as there is no break between licences and the expiry date of a licence is no later than 5th April 2008. Once Schedule 2 distances apply, this may mean that the quantity of explosives that can be stored may be less than those allowed currently. If you wish to discuss the implications with an inspector, please contact (Name of Inspector)"

Updated 2012-09-19