C3Part II.—Law relating to other Explosives
Application of Part I. to other Explosives
39 Part I. relating to gunpowder applied to other explosives.
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.
F13F640 Modification of Part I. as applied to explosives other than gunpowder. C1
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F1541Exception of safety cartridges
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E1F941 Exemption of making and carrying safety cartridges for private use.
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Specially dangerous Explosives
C443 Power to prohibit manufacture, importation, storage, and carriage of specially dangerous explosives. C2
Notwithstanding anything in this Act, Her Majesty from time to time, by Order in Council, may prohibitF7..., 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:
F8A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence F11and 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) .
F16A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence F17and 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).
F2If 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.
F3The 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 F4customs or excise, and the ship containing the same, and the enactments for the time being in force relating to F4customs or excise and any such article or ship shall apply accordingly.
Provisions in favour of certain Manufacturers and Dealers
F1044 Provision in favour of makers, &c. of blasting cartridges.
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F1045 Provision in favour of makers of new explosive for experiment.
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F1046 Provision in favour of gunmakers, &c. making cartridges.
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F1047 Provision in favour of owners of mines and quarries, as to making charges, &c. for blasting.
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F1048 Provision in favour of small firework manufacturer who may obtain a license from the local authority.
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F1049†Licensing by local authority and regulation of small firework factories.
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F1050 Keeping without a license and conveyance of percussion caps, &c.
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Existing Factories, Magazines, and Stores
F10F1451 Application of Part I. of the Act to existing factories and magazines.
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Power to grant exemption from provisions of Pt. I (except ss. 30–32) and Pt. II conferred by S.I. 1979/1378, art. 2