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.
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)
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
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.
Textual Amendments
F8S. 42 repealed by Merchant Shipping Act 1894 (c. 60), Sch. 22