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Notwithstanding anything in this Act, Her Majesty from time to time, by Order in Council, may prohibitF1..., 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:
[F2A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence [F3and 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) ].]
[F4A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence [F5and 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)].]
[F6If 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 [F7and liable as mentioned in the final item of Schedule 3A to] the M1Health and Safety at Work, etc. Act 1974.]
[F8The 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 [F9customs or excise], and the ship containing the same, and the enactments for the time being in force relating to [F9customs or excise] and any such article or ship shall apply accordingly.
Textual Amendments
F1Words in s. 43 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the amending S.I.) by The Manufacture and Storage of Explosives Regulations 2005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)
F2Words 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)
F3Words 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))
F4Words 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)
F5Words 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))
F6Words substituted by S.I. 1974/1885, Sch. 2 para. 15
F7Words 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))
F8Words substituted by virtue of Customs and Excise Act 1952 (c. 44), s. 318(1), Sch. 10 Pt. I
F9Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), reg. 2, Sch. 4 para. 12
Modifications etc. (not altering text)
C1Power to extend s. 43 conferred by Emergency Laws (Miscellaneous Provisions) Act 1953 (c. 47), s. 3(2)
C2S. 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))
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