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F1S. 40 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(3), Sch. 7 Pt. 1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F2S. 40 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005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 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F3S. 41 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005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
F17S. 41 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(3), Sch. 7 Pt. 1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F4S. 42 repealed by Merchant Shipping Act 1894 (c. 60), Sch. 22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 prohibitF5..., 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:
[F6A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence [F7and 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) ].]
[F8A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence [F9and 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)].]
[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 [F11and liable as mentioned in the final item of Schedule 3A to] the M1Health and Safety at Work, etc. Act 1974.]
[F12The 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 [F13customs or excise], and the ship containing the same, and the enactments for the time being in force relating to [F13customs 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 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)
F7Words 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))
F8Words 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)
F9Words 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))
F10Words substituted by S.I. 1974/1885, Sch. 2 para. 15
F11Words 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))
F12Words substituted by virtue of Customs and Excise Act 1952 (c. 44), s. 318(1), Sch. 10 Pt. I
F13Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), reg. 2, Sch. 4 para. 12
Modifications etc. (not altering text)
C3Power to extend s. 43 conferred by Emergency Laws (Miscellaneous Provisions) Act 1953 (c. 47), s. 3(2)
C4S. 43: transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 12 para. 1(1) (with arts. 28-31, Sch. 12 para. 4(1))
Marginal Citations
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Textual Amendments
F14Ss. 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
F14Ss. 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
F14Ss. 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
F14Ss. 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
F14Ss. 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
F14Ss. 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
F14Ss. 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
F14Ss. 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)
F15S. 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
F16S. 52 repealed by Statute Law Revision Act 1898 (c. 22)