New explosives regulations laid before parliament

HSE press release E050:05 - 6 April 2005

New regulations on the manufacture and storage of explosives have been laid before Parliament, the Health and Safety Executive (HSE) announced today (5 April). The Manufacture and Storage of Explosives Regulations 2005 will come into force on 26 April.

The Regulations will replace most of the Explosives Act 1875, retaining the fundamental features of the existing regulatory framework while updating it to take account of changes in technology and the economy. They will also replace 37 items of secondary legislation. This work forms part of the Health and Safety Commission's contribution to the Government's better regulation effort.

Britain has a good record in ensuring safety in and around explosives sites. The new Regulations are intended to maintain and improve safety standards by consolidating existing law into a single set of regulations making it easier for both industry and enforcers to understand what the law requires; and by bringing together guidance on best practice into a single document.

The key requirements of the Regulations are:

• anyone manufacturing or storing explosives must take appropriate measures to prevent fire or explosion, to limit the extent of any fire or explosion, and protect persons, should one occur;

• in most cases a separation distance must be maintained between the explosives building and neighbouring inhabited buildings; and

• with certain exceptions a licence is required for the manufacture or storage of explosives.

The new Regulations retain the fundamental features of the existing framework but will introduce a number of changes. These include:

• the key safety requirements will apply to The Ministry of Defence (MoD) and other government departments;

• enforcement responsibilities are to be rationalised so that the police will enforce both safety and security requirements at certain high explosives stores;

• licensing authorities will have the power to refuse, revoke or modify licences in certain circumstances;

• a new duty prohibiting supply of fireworks to anyone unable to prove they have a licensed or registered store available; and

• the tightening of limits on the amount of fireworks which can be kept without a licence or registration.

The full text of The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005 No. 1082).

Notes to editors

• At present the Crown is exempt from the Explosives Act 1875, although MoD operates a licensing system that is intended to offer a standard of safety at least equivalent to that required under the Explosives Act.

• The controls on the safety of storage of explosives have an important role in support of regulatory controls on the supply of fireworks. The Department for Trade and Industry (DTI) has the policy lead on issues concerning the supply of fireworks. The Fireworks Regulations 2004 introduce a licensing system for the sale of fireworks. Anyone wishing to supply fireworks outside certain exempt periods must obtain a licence from their Local Authority (LA), who can only grant a licence if the person holds a storage licence or registration certificate. The LA may also refuse a licence if the person has committed an offence under certain key provisions of the Explosives Act 1875 or an offence in relation to the use, storage or keeping of fireworks under the Health and Safety at Work etc. Act 1974 (which would include breaches of these Regulations). LAs have been closely involved in the development of the new Regulations and HSE has sought to work with them to address the weaknesses in the existing system.

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