The Marking of Plastic Explosives for Detection Regulations 1996

• Citation: S.I. 1996/890
• Sections: 11

Section 1 Citation and commencement

These Regulations may be cited as the Marking of Plastic Explosives for Detection Regulations 1996 and shall come into force on 31st July 1997 or on the day on which the Convention enters into force for the United Kingdom (such date to be notified by the Secretary of State in the London, Edinburgh and Belfast Gazettes) whichever is the earlier.

Section 2 Interpretation

(1) In these Regulations,

“authorised military device” means an explosive article, including, but not limited to, a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade or perforator, which, in any case, is manufactured solely for lawful military or police purposes;

“the Convention” means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1st March 1991;

“detection agent” means a substance named in column 1 of the Table in Part II of the Schedule to these Regulations;

“the Executive” means the Health and Safety Executive;

“explosive” shall be construed in accordance with Part I of the Schedule to these Regulations;

“explosive article” and “explosive substance” have the meanings respectively assigned to them by regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983 ;

“manufacture” means any process, including reprocessing, that is for the purpose of producing explosives and related expressions shall be construed accordingly;

“marked” shall be construed in accordance with paragraph (2) of this regulation and related expressions shall be construed accordingly;

“State Party to the Convention” means any state which has deposited in accordance with Article XIII of the Convention an instrument of ratification, acceptance, approval or accession to the Convention with the International Civil Aviation Organisation, or any other body from time to time designated the Depository under the Convention, and in respect of which a denunciation under Article XV of the Convention has not taken effect.

(2) For the purposes of these Regulations, an explosive is marked if it, or a sample of the explosive, contains a detection agent of at least the concentration specified in the corresponding entry for that detection agent in column 2 of the Table in Part II of the Schedule to these Regulations, whether that detection agent is introduced during the process of manufacture of the explosive for the purpose of making the explosive detectable or as a result of the normal formulation of that explosive.

Section 3 Prohibition on manufacture

No person shall manufacture any explosive, the finished product of which is unmarked.

Section 4 Prohibition on possession

(1) No person shall have in his possession, nor transfer possession of, any unmarked explosive.

(2) Paragraph (1) of this regulation shall not apply to an explosive that is in the process of being manufactured.

(3) Paragraph (1) of this regulation shall not apply for a period of 3 years, commencing with the date of coming into force of these Regulations, to any unmarked explosive manufactured before these Regulations come into force.

(4) Paragraph (1) of this regulation shall not apply to any unmarked explosive in the possession of military or police personnel, where the explosive is incorporated as an integral part of an authorised military device, before the date which is 3 years after the date of coming into force of these Regulations.

(5) Notwithstanding paragraph (3), paragraph (1) of this regulation shall not apply for a period of 15 years, commencing with the date of coming into force of these Regulations, to any unmarked explosive which—

(a) was manufactured before these Regulations come into force;

(b) does not fall within paragraph (4); and

(c) is in the possession of the authorities of a State Party to the Convention for military or police purposes.

Section 5 Importation

(1) No person shall import any unmarked explosive into the United Kingdom.

(2) Paragraph (1) of this regulation shall not apply for a period of 15 years, commencing with the date of coming into force of these Regulations, to any unmarked explosive manufactured before these Regulations come into force and imported by the authorities of a State Party to the Convention for military or police purposes.

Section 6 Enforcement

Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1989 , the Executive shall be the enforcing authority for these Regulations in Great Britain and in those areas outside Great Britain to which these Regulations apply by virtue of regulation 7.

Section 7 Extension outside Great Britain

These Regulations shall apply to and in relation to the activities and premises outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 as they apply within Great Britain.

Section 8 Application to Northern Ireland

These Regulations, other than regulations 3, 4 and 6, shall extend to Northern Ireland.

Section 1

For the purposes of these Regulations “explosive” means an explosive substance, commonly known as a “plastic explosive”, including such substance in flexible or elastic sheet form and whether or not contained in an explosive article, which is—

(a) formulated with one or more high explosives which in their pure form have a vapour pressure less than 10 − 4 Pa at a temperature of 25°C;

(b) formulated with a binder material; and

(c) malleable or flexible at normal room temperature.

Section 2

The following explosives, even though meeting the description of explosives in paragraph 1 of this Part, shall not be considered to be explosives for the purposes of these Regulations as long as their manufacture or possession continues to be to a quantity and for a purpose specified in any of sub-paragraphs (a) to (c) of this paragraph or they continue to satisfy the description specified in sub-paragraph (d) of this paragraph, namely any explosive—

(a) the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful research, development or testing of new or modified explosives;

(b) the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful training in explosives detection or development or testing of explosives detection equipment;

(c) the manufacture or possession of which is to a quantity no greater than is necessary for, and is solely for, the purpose of lawful forensic science; or

(d) which is manufactured in the United Kingdom, and destined to be incorporated as an integral part of an authorised military device in the United Kingdom, before the date which is 3 years after the coming into force of these Regulations.

Section 3

In this Part “high explosives” include, but are not restricted to, cyclotetramethylenetetranitramine ( HMX ), pentaerythritol tetranitrate ( PETN ) and cyclotrimethylenetrinitramine ( RDX ).