The legal requirements for storing explosives are set out in the Explosives Regulations 2014 (ER2014) on legislation.gov.uk.
Quantity and storage length
The amount you can store, where you can store it, and how long you can store it for will depend on the type of explosive and the quantity.
Licence
Before storing explosives, you will generally need a licence from the appropriate licensing authority.
Certain quantities of explosive can be kept for short periods of time and/or limited quantities, without the need for a licence. But the separation distance requirements of the regulations will still need to be met.
| Hazard type or description | ER regulation | How much can be kept without a licence (kg net mass)? | Duration of storage |
|---|---|---|---|
| Shooter's powder | 7(2)(a)(i) | Up to 10 kg | Indefinite |
|
7(2)(a)(ii) | 5 kg in total | Indefinite |
| Percussion caps or small arms ammunition or a mixture of them | 7(2)(a)(iii) | 15 kg | Indefinite |
| Hazard Type 1 or 2 explosives | regulation 7(2)(b)(i) | 7 kg | Up to 24 hours |
| A combination of Hazard Type 1 or 2 explosives with explosives of another hazard type | regulation 7(2)(b)(ii) | ||
| Hazard Type 3 or 4 explosives | regulation 7(2)(c) | Unlimited | Up to 24 hours |
| Hazard Type 3 explosives consisting of fireworks | regulation 7(2)(d)(i), (ii) and (iii) | 100 kg | Up to 5 days in their place of intended use |
| Shooters' powders | |||
| A combination of shooters' powders and Hazard Type 3 and 4 explosives consisting of fireworks | |||
| Hazard Type 4 explosives | regulation 7(2)(e)(i) | 250 kg | Up to 5days in their place of intended use |
| Hazard Type 4 fireworks | regulation 7(2)(e)(ii) | 50 kg | Up to 21 days consecutively and not for sale or for use at work |
Note: An allowance may be claimed under one heading only.
Storage with a licence
For fireworks, small arms ammunition and similar pyrotechnic articles, the mass of the explosive will be only a fraction of the total mass of the item.
If the manufacturer has provided specific information (for example on the box or on the item itself) on the weight of the explosive content then this should be used as the amount. If they have not, or if the net amount is unclear, the supplier should be contacted.
The maximum quantities that may be kept under the licence, or one of the exceptions above, are the maximum quantities that may be present at that site at any one time. This includes explosives that are only temporarily present at the site – for example explosives being transferred from one vehicle to another.
Site sharing and subletting
The duties in regulations 6 and 7 fall on the person who is manufacturing and/or storing the explosive. The licensee is accountable for compliance with the conditions of the licence; it is therefore essential that the person who holds the licence has effective control over the activities covered by the licence. Equally a person carrying out these activities would be in breach of these regulations if they did not hold a licence - even if someone else held a licence covering these activities at that site.
It is expected that in most situations the licensee would be manufacturing and/or storing on its own behalf, would be the sole occupier of the site, and would have complete control of the activities taking place there covered by the licence. There are however situations where this may not apply and where further guidance is necessary. These are:
- manufacture and/or storage on behalf of third parties
- sub-letting
- subsidiaries operating on the same site as the parent company
Manufacture/storage on behalf of third parties
Anyone manufacturing and/or storing explosives would normally need to hold a licence even if they are carrying out the activities on behalf of a third party.
An individual or business that contracts a third party to store on its behalf would not normally require a licence.
Who is carrying out the activity and holds the duty under the licence depends on who has effective control of the operation, such as who determines in practice what is stored and how it is stored. For example:
- Company A is contracted to store explosives on behalf of Company B. Company B delivers the explosive to the store when Company A takes over responsibility. Company A would require the licence.
- Company C is contracted to operate an explosives store on behalf of Company D. Company C has full control over the operation of the store. Company C would require the licence.
- Company E is contracted to operate a store on behalf of Company F but decisions on what is stored and how are still taken by Company F. So Company F is still storing while Company E is providing labour. Company F would require the licence.
Insurance
Most employers are required by law to insure against liability for injury or disease to their employees arising out of their employment. The Employers' Liability (Compulsory Insurance) Act 1969 ensures that you have at least a minimum level of insurance cover against any such claims.
A brief guide for employers on Act 1969
Public liability insurance is not required by health and safety law. However, if you are manufacturing or storing explosives (including fireworks) you may wish to take out public liability insurance. Many industry trade associations and professional bodies require this as a condition of membership. Professional display operators using category F4 fireworks, T2 theatrical pyrotechnics or P2 pyrotechnic articles are required by product safety law to have public liability insurance in place covering their use.
Security
Occupiers of licensed sites must take all due precautions to prevent unauthorised access.
This page outlines the security provisions in ER2014 on legislation.gov.uk.
Robust security controls need to be in place before explosives operations begin , whether they are for work or non-work purposes and they should remain in place and be effective for as long as the operation continues. The security provisions of ER2014 provide the regulatory framework for identifying and implementing these security controls and are based on generally recognised principles of secure operation in the sector.
They are particularly relevant to dutyholders:
- acquiring, keeping and transferring relevant explosives
- manufacturing, storing, transferring and placing on the market civil explosives
- manufacturing, possessing or transferring plastic explosives
The security provisions of ER2014 can be found in three parts of the regulations:
- Part 10 - comprises 3 regulations (30-32) which relate to the:
- prevention of unauthorised access
- prohibitions concerning transfer of relevant explosives
- Restrictions on prohibited persons
- Part 11 – comprises 5 regulations (33-37) which relate to the:
- traceability , particularly unique identification and attribution of site codes, of civil explosives
- record keeping in relation to both civil and relevant explosives
- reporting losses of relevant explosives
- Part 12 – comprises 1 regulation (38) relating to the security requirements for plastic explosives
Regulation 30 applies to everyone manufacturing, storing or keeping explosives. Those dealing with civil explosives will need to comply with regulations 8, 33, 34, 36 and 39. Those dealing with relevant explosives will need to comply with regulations 31, 32, 35 and 37.
Explosives certificate
Anyone wanting to acquire or keep certain explosives must have an explosives certificate, issued by the police. Schedule 2 of ER2014 on legislation.gov.uk lists the explosives that, together with smokeless powder, do not require an explosives certificate.
Contact your local police explosives liaison officer for further information on obtaining an explosives certificate.
Marking plastic explosives
Applies to all explosive substances commonly known as 'plastic explosives' – whether or not they are in explosive articles or devices, or in the form of flexible or elastic sheets.
The main provisions are:
- anyone making plastic explosives that are finished products has to mark them with a detection agent
- no one can possess, or transfer any unmarked explosive ( does not apply to a plastic explosive that is being manufactured)
- No person may import any plastic explosives into the United Kingdom that is unmarked
A detection agent is a chemical that has been added to the plastic explosive to aid detect ability. The detection agents that can be used to mark plastic explosives can be found in part 2 of schedule 8 of ER2014.
The regulations do not cover quantities sufficient for either researching, developing and testing new explosives or explosives detection equipment, or conducting forensic science.
Security of ammonium nitrate for blasting
Guidance on the security of ammonium nitrate used in blasting has been produced by the National Counter Terrorism Security Office, in conjunction with the Quarries National Joint Advisory Committee and HSE.