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Explosives Act 1875
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Changes over time for: Section 47
Version Superseded: 26/04/2005
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- 01/02/1991- Amendment
- 01/12/1993
Point in time - 26/04/2005- Amendment
- 01/12/2006- Amendment
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47 Provision in favour of owners of mines and quarries, as to making charges, &c. for blasting.U.K.
The occupier of any magazine or store for any explosive shall not be required by this Act to take out a factory license by reason that, in connexion with such magazine or store, he, by filling cartridges, making charges, drying, sifting, fitting, or otherwise adapts or prepares the said explosive for use exclusively in his mine or quarry, or in some excavation or work carried on by him or under his control, so that he observe the following regulations; namely,
(1)There shall not be in the workshop in which such adaptation or preparation is carried on more than [F150 kilograms] of gunpowder or the prescribed amount of any other explosive; and
(2)Any work unconnected with such adaptation or preparation shall not be carried on in the said workshop while such adaptation or preparation is being carried on; and
(3)The said workshop shall be detached from the magazine or store, but in the immediate neighbourhood thereof, and such distance therefrom as may be specified, in the case of a magazine by the license, and in the case of a store by an Order in Council relating to stores; and
(4)An explosive of one description shall not be converted into an explosive of another description, and shall not be unmade or resolved into its ingredients; and
(5)The occupier shall give notice in the case of a magazine to [F2the Health and Safety Executive] , and in the case of a store to the local authority, that he intends to carry on such adaptation or preparation as is allowed by this section.
Provided that this section shall not, except with the consent of [F2the Health and Safety Executive] , apply to any magazine or store for which a continuing certificate has been obtained under this Act, which consent [F2the Health and Safety Executive] , if satisfied that the adaptation or preparation in accordance with this section ought (due regard being had to the safety of the public) to be allowed, may grant either absolutely or upon such conditions as [F2it] may, under the special circumstances of the case, think expedient to secure the safety of the public.
The regulations in this section, and any conditions so made by [F2the Health and Safety Executive] as last aforesaid, shall be deemed to be general rules under this Act relating to the magazine and store respectively, and the breach of them shall be punished accordingly.
The following general rules shall apply as if the said workshop were a danger building, that is to say, if the adaptation or preparation carried on is of gunpowder only, the general rules with respect to a factory in Part One of this Act, and in any other case the prescribed general rules; and the breach of such general rules shall be punished in like manner as the breach of general rules with respect to a factory.
Textual Amendments
F1Words substituted by S.I. 1984/510, reg. 2, Sch. 1
F2Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3
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