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Explosives Act 1875

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Changes over time for: Part II.—Law relating to other Explosives

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Version Superseded: 26/04/2005

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Point in time view as at 01/12/1993.

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Part II.—Law relating to other ExplosivesU.K.

Modifications etc. (not altering text)

C1Power to grant exemption from provisions of Pt. I (except ss. 30–32) and Pt. II conferred by S.I. 1979/1378, art. 2

Application of Part I. to other ExplosivesU.K.

39 Part I. relating to gunpowder applied to other explosives.U.K.

Subject to the provisions hereafter in this part of this Act contained, Part One of this Act relating to gunpowder shall apply to every other description of explosive, in like manner as if those provisions were herein re–enacted with the substitution of that description of explosive for gunpowder.

40 Modification of Part I. as applied to explosives other than gunpowder. U.K.

The following modifications and additions shall be made in and to Part One of this Act as applied to explosives other than gunpowder:

(1)The draft license for a factory or magazine submitted by an applicant to [F1the Health and Safety Executive] shall specify such particulars as [F1the Health and Safety Executive] may require; and

(2)The prescribed general rules shall be substituted for the general rules in Part One of this Act relating to factories, magazines, stores, and registered premises respectively; but no such general rule shall require the removal of any building or work in use at the date of the Order in Council by which such rule is made;

F2[(3)The Secretary of State may from time to time alter the general rules relating to packing contained in Part One of this Act for the purpose of adapting the same to the packing of any explosive other than gunpowder; and]

(4)For the maximum amount limited by Part One of this Act to be kept [F3for private use and not for sale, or] in a store, and for the minimum amount limited by Part One of this Act to be exposed for sale or sold otherwise than in a substantial case, box, canister, or other receptacle as therein mentioned, there shall be substituted in the case of explosives other than gunpowder the following amounts; namely,

(a)Where such explosive consists of safety cartridges made with gunpowder, an amount containing not more than five times the maximum or minimum amount of gunpowder, as the case may be, above mentioned; and

(b)In the case of any other explosive, the prescribed amount; and

(5)Two or more descriptions of explosives shall not be kept in the same store or registered premises except such descriptions as may be prescribed in that behalf; and, when so kept, shall be kept subject to the prescribed conditions and restrictions; and

(6)Where any explosive, other than gunpowder, is allowed to be kept in the same store or registered premises with gunpowder, the maximum amount of gunpowder to be kept therein shall be the prescribed amount in lieu of the amount fixed by Part One of this Act; and

(7)Where any explosive, other than gunpowder, is allowed to be kept in the same magazine, store, or registered premises with gunpowder, the prescribed general rules shall be observed instead of the general rules in Part One of this Act; and

(8)There shall be on the outermost package containing the explosive in lieu of the word “gunpowder” the name of the explosive, with the addition of the word “explosive,” and if such name is materially false the person selling or exposing for sale such explosive, and also the owner of the explosive, shall be liable to a penalty not exceeding fifty pounds:

[F4(9)No person shall supply any explosive (other than gunpowder) unless the explosive—

(a)conforms in composition, character and quality to the description of the explosive in a list signed by an inspector appointed by the Health and Safety Executive and duly authorised for that purpose, corresponding to the name of that explosive as shown in such list and in “List of Authorised Explosives” issued by the Health and Safety Executive F5, such list and List as revised or re-issued from time to time; and

(b)has been classified in accordance with any Order in Council made under section 106 of this Act and for the time being in force which defines, for the purposes of this Act, the composition, quality and character of any explosive F6.

(10)The Health and Safety Executive shall ensure that any explosive which satisfies the requirements of sub-paragraphs (a) to (c) of regulation 4(1) of the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714) is classified in accordance with any Order in Council made under section 106 of this Act and is included in the list and in “List of Authorised Explosives” mentioned in sub-section (9)(a) of this section.

(11)In sub-section (9) of this section, “supply” shall be construed in accordance with section 46 of the Consumer Protection Act 1987 (1987 c.43).]

Textual Amendments

F1Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3

F2S. 40(3) repealed (E.W.S.) (1.3.1992) by S.I. 1991/2097, reg. 14(2)

F3Words in s. 40(4) repealed (E.W.S.) (1.11.1991) by S.I. 1991/1531, reg. 19, Sch. 4 Pt.I (with reg. 19(6))

F4Subsections (9)-(11) of s. 40 substituted (1.12.1993) for s. 40(9) by S.I. 1993/2714, reg. 12(1), Sch. 4 Pt. I para. 1 except in its application to N.I., and as it applies to acetylene by virtue of Order of Council (No. 30) dated 2.2.1937.

F5The list current when these Regulations are made is "List of Authorised Explosives 1992", ISBN 0 11 886396 7, published by HMSO.

F6The Orders in force at the date of making these Regulations are Order in Council (No. 1) dated 5th August 1875 (Rev. VII p. 1) and Order in Council (No. 1B) dated 11th April 1913 (S.R. & O. 1913/481).

Modifications etc. (not altering text)

C2S. 40 extended by Fireworks Act 1951 (c. 58), s. 5(5)

[F741Exception of safety cartridgesE+W+S

Nothing in this Act shall apply to the filling or conveying for private use and not for sale of any safety cartridges to the amount allowed by the Control of Explosives Regulations 1991 to be kept for private use within the meaning of those Regulations.]

Textual Amendments

F7S. 41 substituted (E.W.S.) (1.11.1991) by S.I. 1991/1531, reg. 19, Sch. 4 Pt. I

41 Exemption of making and carrying safety cartridges for private use.N.I.

Nothing in this Act shall apply to the filling or conveying for private use and not for sale, of any safety cartridges to the amount allowed by this Act to be kept for private use.

Extent Information

E1This version of this provision extends to Northern Ireland only; separate version has been created for England and Wales and Scotland only.

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.

Textual Amendments

Specially dangerous ExplosivesU.K.

43 Power to prohibit manufacture, importation, storage, and carriage of specially dangerous explosives. U.K.

Notwithstanding anything in this Act, Her Majesty from time to time, by Order in Council, may prohibit, either absolutely, or except in pursuance of a licence of [F9the Health and Safety Executive] under this Act, or may subject to conditions or restrictions the manufacture, keeping, importation from any place out of the United Kingdom, conveyance, and sale, or any of them, of any explosive which is of so dangerous a character that, in the judgment of Her Majesty, it is expedient for the public safety to make such order:

Provided that such order shall not absolutely prohibit anything which may be lawfully done in pursuance of any continuing certificate under this Act.

Any explosive manufactured or kept in contravention of any such order shall be deemed to be manufactured or kept, as the case may be, in an unauthorised place.

Any explosive conveyed in contravention of any such order shall be deemed to be conveyed in contravention of a byelaw made under this Act with respect to the conveyance of explosives.

[F10If any explosive is imported or sold in contravention of any such Order, the owner or master of the ship in which it was imported, the person to whom it was delivered and the person selling the same shall each be guilty of an offence and liable to the penalties specified in section 33(3) of the M1Health and Safety at Work, etc. Act 1974.]

[F11The Commissioners of Customs and Excise] and their officers shall have the same power with respect to any such explosive, and the ship containing the same, as they have for the time being with respect to any article prohibited to be imported by the law relating to [F12customs or excise], and the ship containing the same, and the enactments for the time being in force relating to [F12customs or excise] and any such article or ship shall apply accordingly.

Textual Amendments

F9Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3

F10Words substituted by S.I. 1974/1885, Sch. 2 para. 15

Modifications etc. (not altering text)

Marginal Citations

Provisions in favour of certain Manufacturers and DealersU.K.

44 Provision in favour of makers, &c. of blasting cartridges.U.K.

The occupier of a factory for any explosive shall not be required by this Act to take out a factory license for making up on such factory the explosive made thereon into cartridges or charges for cannon or blasting not containing within themselves their own means of ignition.

The occupier of any magazine, store, or registered premises for keeping any explosive may keep that explosive when made up into such cartridges or charges as above in this section mentioned, as if it were not so made up, and the provisions of this Act with respect to the keeping of any explosive shall apply to the keeping of that explosive when made up into the said cartridges or charges, in like manner as if the explosive were not so made up.

45 Provision in favour of makers of new explosive for experiment.U.K.

The occupier of a factory for any explosive who manufactures a new explosive or new form of explosive similar to the one specified in his license, shall not be deemed to have manufactured the same in an unauthorised place if he manufacture the same on a small scale, and exclusively for the purpose of trial and not for sale, and he send notice of the same, as soon as he has manufactured it, to [F13the Health and Safety Executive] , and if he observe the provisions of this Act, so far as they are applicable.

Textual Amendments

F13Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3

46 Provision in favour of gunmakers, &c. making cartridges.U.K.

The occupier of a magazine, store, or registered premises for any explosive shall not be required by this Act to take out a factory license by reason that in connexion with such magazine, store, or premises he fills for sale or otherwise any cartridge for small arms with the said explosive, so that he observe the following regulations; namely,

(1)There shall not be in the room in which such filling is being carried on more than [F142 kilograms] of gunpowder, or the prescribed amount of any other explosive, except it is made up into safety cartridges; and

(2)Any work unconnected with the making of the cartridges shall not be carried on in the room while such filling is being carried on; and

(3)There shall not be in the room while such filling is being carried on any fire nor any artificial light, except a light of such construction, position, or character as not to cause any danger of fire or explosion; and

(4)In the case of a magazine or store, the room in which the filling is carried on shall be detached from the magazine or store, but in the immediate neighbourhood thereof, and at such distance therefrom as may be specified in the case of a magazine by the license, and in the case of a store by an Order in Council relating to stores; and

(5)The occupier shall give notice in the case of a magazine to [F15the Health and Safety Executive] , and in the case of a store or registered premises to the local authority, that he intends to carry on such filling of cartridges as is allowed by this section.

Provided that this section shall not, except with the consent of [F15the Health and Safety Executive] , apply to any magazine or store for which a continuing certificate has been obtained under this Act, which consent [F15the Health and Safety Executive] , if satisfied that the filling of cartridges in accordance with this section ought (due regard being had to the safety of the public) to be allowed, may grant either absolutely or upon such conditions as [F15it] may, under the special circumstances of the case, think expedient to secure the safety of the public.

The regulations in this section and any conditions so made by [F15the Health and Safety Executive] as last aforesaid, shall be deemed to be general rules under this Act relating to the magazine, store, and registered premises respectively, and the breach of them shall be punished accordingly.

Textual Amendments

F14Words substituted by S.I. 1984/510, reg. 2, Sch. 1

F15Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3

47 Provision in favour of owners of mines and quarries, as to making charges, &c. for blasting.U.K.

The occupier of any magazine or store for any explosive shall not be required by this Act to take out a factory license by reason that, in connexion with such magazine or store, he, by filling cartridges, making charges, drying, sifting, fitting, or otherwise adapts or prepares the said explosive for use exclusively in his mine or quarry, or in some excavation or work carried on by him or under his control, so that he observe the following regulations; namely,

(1)There shall not be in the workshop in which such adaptation or preparation is carried on more than [F1650 kilograms] of gunpowder or the prescribed amount of any other explosive; and

(2)Any work unconnected with such adaptation or preparation shall not be carried on in the said workshop while such adaptation or preparation is being carried on; and

(3)The said workshop shall be detached from the magazine or store, but in the immediate neighbourhood thereof, and such distance therefrom as may be specified, in the case of a magazine by the license, and in the case of a store by an Order in Council relating to stores; and

(4)An explosive of one description shall not be converted into an explosive of another description, and shall not be unmade or resolved into its ingredients; and

(5)The occupier shall give notice in the case of a magazine to [F17the Health and Safety Executive] , and in the case of a store to the local authority, that he intends to carry on such adaptation or preparation as is allowed by this section.

Provided that this section shall not, except with the consent of [F17the Health and Safety Executive] , apply to any magazine or store for which a continuing certificate has been obtained under this Act, which consent [F17the Health and Safety Executive] , if satisfied that the adaptation or preparation in accordance with this section ought (due regard being had to the safety of the public) to be allowed, may grant either absolutely or upon such conditions as [F17it] may, under the special circumstances of the case, think expedient to secure the safety of the public.

The regulations in this section, and any conditions so made by [F17the Health and Safety Executive] as last aforesaid, shall be deemed to be general rules under this Act relating to the magazine and store respectively, and the breach of them shall be punished accordingly.

The following general rules shall apply as if the said workshop were a danger building, that is to say, if the adaptation or preparation carried on is of gunpowder only, the general rules with respect to a factory in Part One of this Act, and in any other case the prescribed general rules; and the breach of such general rules shall be punished in like manner as the breach of general rules with respect to a factory.

Textual Amendments

F16Words substituted by S.I. 1984/510, reg. 2, Sch. 1

F17Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3

48 Provision in favour of small firework manufacturer who may obtain a license from the local authority.U.K.

A firework factory shall not be deemed to be a small firework factory for the purposes of this Act if there is upon the same factory at the same time—

(a)More than [F1850 kilograms] of any explosive other than manufactured fireworks and coloured fires and stars; or

(b)More than [F18250 kilograms] pounds of manufactured fireworks, either finished or partly finished; or

(c)More than [F1812 kilograms] of coloured fires or stars, not made up into manufactured fireworks.

The occupier of a small firework factory shall not be required to obtain a license under Part One of this Act for such factory if he has obtained [F19a licence under the next following section].

A person having [F19a licence under the next following section] who manufactures an explosive (other than nitro–glycerine or any prescribed explosive) for the purpose only of the manufacture of coloured fires or a manufactured firework in accordance with this Act, and does not sell the same except in the form of coloured fires packed in the manner required by this Act, or of a manufactured firework, shall not be deemed to manufacture an explosive in an unauthorised place.

Textual Amendments

F18Words substituted by S.I. 1984/510, reg. 2, Sch. 1

49†Licensing by local authority and regulation of small firework factories. U.K.

Any person may apply for a small firework factory license to [F20the Health and Safety Executive] at the time and place appointed by [F20it] , stating his name, address, and calling, and the proposed site and construction of the factory, and the amount and description of explosive he proposes to have therein, and in any building therein; and [F20the Health and Safety Executive] shall, as soon as practicable, if the proposed site, construction of the factory, and amount of explosive is in accordance with the Order in Council regulating small firework factories, grant to the applicant, on payment of such fee, not exceeding [F2125p] , as may be fixed by [F20the Health and Safety Executive] , the license applied for.

The powers of this Act of making Orders in Council with respect to stores and of prescribing general rules with respect to stores shall extend to making Orders in Council and prescribing general rules with respect to small firework factories and the buildings thereon; and any breach (by any act or default) of any such general rule shall involve the same penalties and forfeitures as a breach of a general rule relating to stores.

A small firework factory license shall be valid only for the person named in it, and the provisions of this Act with respect to the renewal, expiration, and form of store licenses, and fees for such renewal, and to special rules for the regulation of persons managing or employed in or about stores, shall apply in like manner as if they were herein enacted, and in terms made applicable to small firework factory licenses and small firework factories respectively.

Textual Amendments

F20Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3

F21Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

Modifications etc. (not altering text)

C4A dagger appended to a marginal note means that it is no longer accurate

50 Keeping without a license and conveyance of percussion caps, &c.U.K.

A person shall not be required by this Act to take out a license or to register any premises for the keeping of [F22percussion caps, or safety–fuzes for blasting, or] fog–signals kept by any railway company for use on the railway of such company, or any prescribed explosive.

It shall not be obligatory on any harbour authority, railway company, canal company, or occupier of a wharf, to make any byelaws with respect to the conveyance, loading, or unloading of any explosives to which this section applies.

It shall be lawful for Her Majesty, by Order in Council, to exempt any explosive to which this section applies, or any description thereof, from any other of the provisions of this Act, or to declare that a license shall be required for the keeping of any explosive to which this section applies, or any description thereof, or that byelaws shall be made with respect to the loading, unloading, and conveyance thereof.

Textual Amendments

F22Words in s. 50 deleted (E.W.S.)(1.11.1991) by S.I. 1991/1531, reg. 19, Sch. 4 Pt.I (with reg. 19(6))

Existing Factories, Magazines, and StoresU.K.

51 Application of Part I. of the Act to existing factories and magazines.U.K.

In any continuing certificate for a lawfully existing factory or magazine for any explosive other than gunpowder, the regulations set out in the First Schedule to this Act shall not form part of the terms of such certificate, but in lieu thereof the Secretary of State shall insert in the certificate as the terms thereof,—

(1)If the factory or magazine is for dynamite or any substance having nitro–glycerine as one of its component parts or ingredients, the conditions contained in the existing license, with such modifications (if any) as the Secretary of State may think necessary in order to bring the same into conformity with this Act, and also any limitation of time for the expiration of the license contained in the existing license, and also the existing power of the Secretary of State to revoke the license; and

(2)In any other case, such terms as the Secretary of State may think expedient, having regard to the conditions (if any) contained in the license under which the factory or magazine is established; and such terms shall include any limitation of time contained in such license, but shall not require the removal of any lawfully existing building or work.

If a new license under this Act is obtained for keeping in an existing gunpowder store any explosive other than gunpowder, the continuing certificate of such store shall be determined, and the store shall cease to be deemed to be an existing gunpowder store within the meaning of this Act.

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23U.K.

Textual Amendments

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