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- Point in Time (16/01/2009)
- Original (As enacted)
Version Superseded: 12/04/2010
Point in time view as at 16/01/2009.
There are currently no known outstanding effects for the Explosives Act 1875, Part II.—Law relating to other Explosives.
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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
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.
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Textual Amendments
F1S. 40 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(3), Sch. 7 Pt. 1 (with reg. 26)
F2S. 40 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(3), Sch. 6 (with regs. 3, 27(17)(18))
Modifications etc. (not altering text)
C2S. 40(9)(d) modified (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), s. 3(2), Sch. 3 para. 1(1) (with s. 3(3))
C3S. 40 extended by Fireworks Act 1951 (c. 58), s. 5(5)
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Textual Amendments
F3S. 41 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(3), Sch. 6 (with reg. 3)
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Extent Information
E1This version of this provision extends to Northern Ireland only; separate version has been created for England and Wales and Scotland only.
Textual Amendments
F18S. 41 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(3), Sch. 7 Pt. 1 (with reg. 26)
Textual Amendments
F4S. 42 repealed by Merchant Shipping Act 1894 (c. 60), Sch. 22
Notwithstanding anything in this Act, Her Majesty from time to time, by Order in Council, may prohibit F5F6..., 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:
[F7A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence [F8and liable as mentioned in the final item of Schedule 3A to the Health and Safety at Work etc. Act 1974 (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified) ].]
[F9A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence [F10and liable as mentioned in the final item of Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978 (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified)].]
[F11If 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 [F12and liable as mentioned in the final item of Schedule 3A to] the M1Health and Safety at Work, etc. Act 1974.]
[F13The 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 [F14customs or excise], and the ship containing the same, and the enactments for the time being in force relating to [F14customs or excise] and any such article or ship shall apply accordingly.
Textual Amendments
F5Words in s. 43 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the amending S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(4)(a), Sch. 6 (with reg. 3)
F6Words in s. 43 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(4)(a), Sch. 7 Pt. 1 (with reg. 26)
F7Words in s. 43 substituted (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the amending S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(4)(b) (with reg. 3)
F8Words in s. 43 substituted (E.W.S) (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), s. 3(2), Sch. 3 para. 1(2)(a) (with s. 3(3))
F9Words in s. 43 substituted (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(4)(b) (with reg. 26)
F10Words in s. 43 substituted (N.I.) (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), s. 3(2), Sch. 3 para. 1(2)(b) (with s. 3(3))
F11Words substituted by S.I. 1974/1885, Sch. 2 para. 15
F12Words in s. 43 substituted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), s. 3(2), Sch. 3 para. 1(2)(c) (with s. 3(3))
F13Words substituted by virtue of Customs and Excise Act 1952 (c. 44), s. 318(1), Sch. 10 Pt. I
F14Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), reg. 2, Sch. 4 para. 12
Modifications etc. (not altering text)
C4Power to extend s. 43 conferred by Emergency Laws (Miscellaneous Provisions) Act 1953 (c. 47), s. 3(2)
Marginal Citations
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
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Textual Amendments
F15Ss. 44-51 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(5), Sch. 7 Pt. 1 (with reg. 26)
F16S. 51 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(5), Sch. 6 (with reg. 3)
Textual Amendments
F17S. 52 repealed by Statute Law Revision Act 1898 (c. 22)
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