The Control of Explosives Regulations 1991

UK Statutory Instrument 1991 No. 1531 — creates 1 criminal offence.

Made

5 July 1991

In force from

1 November 1991

Extent

Not stated

Subject

Firearms, offensive weapons, explosives and poisons

Made under

Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make new provision for controllling the acquisition and keeping of explosives, replacing the instruments revoked by regulation 19(3). Regulation 2 defines expressions used in the Regulations, and makes further provision as to construction. Regulation 3 sets out how the Regulations apply in relation to different kinds of explosives and to persons of various descriptions. Regulation 7 prohibits, with the exceptions stated in regulation 3(1) to (4), the acquisition or keeping of explosives except in accordance with an explosives certificate. Regulation 4 provides for the issue of explosives certificates as set out in Schedule 2 by the chief officers of police, if satisfied as to the fitness of the applicant and the other matters specified in regulation 4(5) to (7); certificates for acquisition may be issued to non-residents on application by a resident (regulation 4(8)). Regulation 5 limits the duration of certificates and sets out the circumstances in which they either may or must be revoked. Appeals against decisions under regulations 4 and 5 lie to the Crown Court or, in Scotland, the sheriff (regulation 6). Regulation 8 restricts the transfer of explosives, except those mentioned in regulation 3(1) and (2). With thesame exceptions, and the further exception in regulation 3(9) (members of H.M. forces), regulation 9 precludes the handling etc. of explosives by, and related employment of, prohibited persons as defined in regulation 2(1). Regulation 10 limits the descriptions and quantities of explosives that may be kept for private use (as so defined) except as provided in paragraph (3) and in regulation 3(3) and (4). Regulation 11 requires the occupier of a factory or magazine licensed under the Explosives Act 1875 to appoint an individual to be responsible to him for security. Regulation 12, with Schedule 3, contains requirements as to recording information about, and regulation 13 contains requirements as to reporting losses of, explosives other than those listed in Schedule 1 (see regulation 3(1)). Regulation 14 extends the Regulations, with the exceptions stated, to, and to activities connected with, offshore installations, pipelines and mines. Under regulation 15(1) the Regulations are to be enforced by chief officers of police, except in the cases described in regulation 15(2) and (3) where the Health and Safety Executive (“the Executive”) is the enforcing authority. Regulation 16 empowers the Executive to revoke licenses granted under the Explosives Act 1875 in respect of factories and magazines. Regulation 17(1) and (2) empowers them to grant and to revoke excemptins from requirements or prohibitions imposed by the Regulations; under regulation 17(3) similar powers are exercisable in the interest of national security by the Secretary of State responsible for defence. Regulation 18 contains transitional provisions. Regulation 19, with Schedule 4, modifies provisions of the Explosives Act 1875 and wholly or partly revokes, with savings, a number of instruments made under that Act and under the Health and Safety at Work etc. Act 1974.

Offences created by this instrument

• Contravention of The Control of Explosives Regulations 1991 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Policing (London) Commons · Commons Chamber · 18 October 1991 · Mr. Hugo Summerson (Walthamstow)

  An advantage of speaking towards the end of a debate such as this is that one has had the opportunity of hearing the earlier speeches. I was struck by the sheer hypocrisy of some Opposition Members in having the nerve to blame the Government for the present crime rates when some of those Members are, or have been, busy breaking the law by refusing to pay their community charge bills. Had they been busier obeying the law, not only would there be fewer people in the courts but authorities such as mine—the London borough of Waltham Forest, which has the sixth worst collection record in the…

• Fireworks Commons · Westminster Hall · 8 December 1999 · The Minister for Small Business and E-Commerce (Ms Patricia Hewitt)

  I congratulate my hon. Friend the Member for Brent, North (Mr. Gardiner) on his success in securing the debate on an important subject that is of concern to many members of the public, especially parents, at this time of the year. I am grateful to my hon. Friend for the courtesies with which he began his speech and for his praise for the officials in my Department who are responsible for considerably strengthening the regulations on the subject. My hon. Friend successfully did as he intended and pre-empted many of my briefing notes, prepared by the same helpful officials for the debate. I…

• Control Of Fireworks Commons · Commons Chamber · 8 January 2002 · Mr. Robert Key (Salisbury)

  I rise to oppose the Bill, for reasons that I shall explain. First, let me say how delighted I am that the hon. Member for Brent, North (Mr. Gardiner) has raised this issue. I oppose the Bill for two reasons. First, I do not like banning things without extremely good reason. As a Conservative, I believe in more, rather than less, freedom, and I certainly do not like banning things unless I am certain that the legislation will work, which this Bill will not. Secondly, I represent in my constituency the excellent organisation Pipedown, the campaign for freedom from piped music, which has asked…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1991