This Act shall not extend to compel the proving or marking as proved of any Military Barrel made for the Use of Her Majesty’s Forces or for the late Honourable East India Company while it is the Property of Her Majesty, nor to any such Barrel after it has ceased to belong to Her Majesty, so long as it shall bear, in addition to a Proof Mark authorized by [F1the Ministry of Defence], the Letter S struck (prior to such Cesser) over or upon the Broad Arrow or some Part thereof by the said [F1Ministry]; and if any such Barrel, after it has ceased to belong to Her Majesty, shall not so bear such Letter S, but shall so bear the Letter O, this Act shall only compel the proving and marking as proved of such last mentioned Barrel in manner and to the Extent in that Behalf in Schedule B. to this Act annexed specified; but if any such Barrel as in this Clause first mentioned, after it has ceased to belong to Her Majesty, shall not so bear such Letter S or such Letter O, it shall (whether it shall or shall not bear a Proof Mark authorized by [F1the Ministry of Defence] be deemed an unproved Barrel under this Act: Provided always, that the Officers of the [F1Secretary of State] may apply the Letters S and O respectively to such of the Military Barrels in this Enactment mentioned as the said Secretary of State shall think fit; and if any Person, without lawful Authority, Proof of which Authority shall lie on the Party accused, applies those Marks or either of them over or upon the Broad Arrow in or on any such Military Barrel he shall be [F2guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years.]
Textual Amendments
F1Words substituted by virtue of S.R. & O. 1947/985 (Rev. XV, p. 190: 1947, p. 1296), art. 2, S.I. 1959/1768 (1959 I, p. 1793), art. 3(1), 1959/1828 (1959 I, p. 1802), art. 2 and Defence (Transfer of Functions) Act 1964 (c. 15), ss. 1(2), 3(2)
F2Words in s. 119 substituted (1.12.1978) by Gun Barrel Proof Act 1978 (c. 9), s. 9(3), Sch. 3 para. 9; S.I. 1978/1587, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 119 extended S.I. 1965/1536, Sch. 3